CEBU, Philippines - A former councilor of Bantayan was indicted for slight physical injuries after he allegedly mauled a customer of his drugstore for demanding to change the medicine he bought.
Ombudsman Merceditas Gutierrez ordered the filing of the case in court against Diosdado Dosdos, Jr. based on the recommendation of the Office of the Ombudsman Visayas.
Graft investigation and prosecution officer Cynthia Maturan-Sibi recommended that the case for slight physical injuries under Article 266 of the Revised Penal Code be filed in court against Dosdos.
The anti-graft office found it prudent to elevate the complaint filed by Gerardo Orbita against Dosdos before the court because of the conflicting versions of the story.
“Because there are conflicting versions of the story, when, in fact, both parties were able to present evidence that they both suffered injuries because of the incident, and that they both have eye-witnesses confirming their respective versions, it is but imperative that this case be brought before the proper court for its proper disposal,” the Ombudsman resolution read.
In the court, the judge will be able to observe the appearance, demeanor and facila expressions of the parties and their respective witnesses during trial, the Ombudsman ruling added.
The Ombudsman however dismissed the administrative aspect of the case, citing the Aguinaldo Doctrine because the incident happened before the May 2007 elections.
“We can no longer pass upon the merits of the case on grounds that respondent’s term of office ended on such date, not having been reelected to office,” the anti-graft body ruled on the administrative case.
Orbeta claimed that in the morning of July 21, 2005, he approached the accused, who was then a councilor and proprietor of a drugstore in their place, to ask for a replacement of a medicine he earlier bought.
According to Orbeta, he asked for the replacement because he noticed that the cap was “tampered and the accompanying leaflet and cartoon were wet.”
The accused advised him to wait for the medical agent to arrive before the medicine would be exchanged but he allegedly insisted to do it at that instance.
Orbeta said Dosdos acceded but when he handed the bottle the latter boxed him instead.
Orbeta claimed to prevent him from falling on the pavement he grabbed the shirt of Dosdos and gripped his arms. However, Dosdos kicked him and delivered another solid punch on his right cheek.
Dosdos, on the other hand, claimed that Orbeta approached him in an angry and insulting manner. Instead of handling the bottle of the medicine to him, it was allegedly thrown on the display counter which broke the bottle.
According to Dosdos, Orbeta grabbed his shirt first prompting him to kick to free himself. — Fred P. Languido/LPM (THE FREEMAN)