Prosecutor downgrades complaint vs. Ramirez

CEBU, Philippines - The Cebu Provincial Prosecutor’s Office recommended the filing of a case of reckless imprudence resulting to homicide against Medellin Mayor Ricardo Ramirez.

 Prosecutor I Joe Noel Lawas found probable cause in the complaint filed against Ramirez for the death of security officer Edilberto Abao.

Lawas’ finding was affirmed by acting provincial prosecutor Joseph Bercelis.

Lawas, however, downgraded the complaint from homicide to reckless imprudence resulting to homicide after Abao told his colleague, Geruncio Campomanes, that it was Ramirez who unintentionally hit him, saying that “he shot a cat and instead hit me.”

“The evidence on record sufficiently established that the shooting of the victim Abao was unintentional. The victim himself said that the gunshot was not directed at him. He was only hit when the bullet ricocheted,” Lawas said.

Lawas said there’s no way for Abao – who was already pale, weak and vomiting – to invent his statement.

He, however, said Abao’s statement is enough to hold Ramirez responsible for the victim’s gunshot wound.

“There were other circumstances that further convinced this Office that it is the respondent who caused the gunshot wound of the victim. Firstly, the statement of Dr. Oliver Earl Aliño that when the victim tried to say who shot him, the victim was prevented by a certain person which Dr. Aliño presumed to be one of the members of the respondent’s mayor squad,” Lawas said.

Lawas said Aliño’s statement is significant since Ramirez never has any ill-motive against Aliño

Lawas also based his finding on the refusal of Ramirez to undergo paraffin test.

Ramirez refused to undergo paraffin test as he would surely test positive of powder burns because he and the victim, accompanied by two watchmen, had test-fired his firearm before the incident.

But Lawas said the two watchmen did not even execute an affidavit to attest the veracity of the mayor’s statement.

He explained that the respondent and members of the Mayor’s Squad did not even conduct an investigation into the incident, saying that they only testified that they found the victim sleeping after being hit in the leg.

“This office finds the assertion simply incredible. In fact, they stated themselves that they went back to where the victim was situated after they heard them shouting,” Lawas said

Ramirez told The FREEMAN through a text message that they will file a motion for reconsideration.

 “Yup, we will file motion for reconsideration of the resolution…ipa review or whatever once makadawat mi kopya. Definitely all legal remedies will be taken,” Ramirez said.

Ramirez is given 15 days to file their motion for reconsideration.

The case stemmed from a December 27, 2010 incident in which Ramirez and his squad conducted a roving inspection at the Medellin Public Market around 11:00 p.m.

Ramirez allegedly shot a cat but missed, hitting instead Abao’s right thigh. —(FREEMAN)