THE woman who accused Rizal, Palawan Mayor Nicolas Montaño Sr. of rape is asking for an independent medical examination on Montaño.
Lawyer Joyce Evedientes-Moran, counsel for the woman from Danao City, asked Judge Gilbert Moises of the Regional Trial Court Branch 18 to order the medical examination by the National Bureau of Investigation, city health officer of Palawan or the medico-legal officer of Police Regional Office 7.
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If the mayor is fit to travel, he should “be transported to Cebu City in order to be detained here where the crime was committed,” Atty. Moran said in her motion.
Last week, Montaño’s lawyer, Joey Luis Wee, sought a reinvestigation of the rape charge filed against his client in July this year.
Wee also asked Judge Moises to lift the arrest warrant issued against the mayor. Wee raised the possibility that Montaño was not the same person referred to by the complainant in her complaint-affidavit.
Judge Moises issued an arrest warrant against Montano last Aug. 25.
Cebu City Assistant Prosecutor Mario Edgardo Montenegro recommended the filing of rape against Montaño after he found probable cause.
No bail was recommended.
However, Wee said the accused was unaware whether there was a preliminary investigation.
Wee asked Judge Moises to set aside his order, lift the arrest warrant and order the reinvestigation of the case “due to a very serious and unfathomable deprivation of the accused’s right to due process of law.”
In her complaint-affidavit, the complainant stated that Montaño was residing in Sitio Ibabao in Barangay Mambaling, Cebu City.
“That address alone already speaks of a different Montaño Sr.,” said Wee.
Wee said his client is a resident of Sitio Sicud in Barangay Candawagan, Rizal town, Palawan.
“He (Montaño) is a faithful servant to his constituents, where he is currently the duly elected mayor. He has never transferred nor maintained other residence in any place in Cebu,” said Wee.
Atty. Moran, in her motion, said that when the arrest warrant was issued against Montaño, Palawan Provincial Legal Officer Winston Gonzales requested that the accused be medically examined since he was suffering from “chest pains.”
Moran said they sent a doctor to the provincial hospital where the accused was confined, but learned the mayor has been transferred to the Armed Forces of the Philippines-Western Command Hospital.
The lawyer lamented the transfer was made without any notice to the court.
“Until now, the accused stays at the AFP Western Command Hospital without any update as to the medical status of the accused, since no person is allowed to enter the premises,” said Moran.