Few years before running for Congress in the 2016 elections, Davao del Norte 1st District Rep. Pantaleon Alvarez was facing charges of estafa and violation of Batasang Pambansa 22 or the Anti-Bouncing Check Law before a court in Metro Manila.
The complainant was identified as one Rafael Nantes as represented by Betty Nantes.
Nantes accused Alvarez of issuing a check worth P10 million without sufficient fund. The said check was issued on February 26, 2010.
Court records show that the estafa complaint was dismissed by the prosecutors office while the BP22 was formally filed in court before the sala of Judge Anne Perpetual Rivera-Sia.
The said judge reportedly issued a warrant of arrest against Alvarez back in 2015 but the same was withdrawn by the same judge.
The complainant meanwhile elevated the case to the Court of Appeals after accusing the judge of “Grave Abuse of Discretion” for having withdrawn the warrant of arrest based on a motion for determination of probable cause filed by Alvarez and his lawyers.
It was learned that under the Rules of Procedure for summary cases, such motion is prohibited in summary proceedings like a BP 22 case.