CEBU, Philippines - The Office of the Ombudsman Visayas has dismissed the criminal complaints for frustrated murder and illegal possession of firearms against a barangay captain from Naga City and two of his tanods for insufficiency of evidence.
Graft investigator Irish Amores found no sufficient evidence to indict Uling barangay captain Justino Dakay and two of his tanods, Felecisimo Quimada and Rodrigo Selgas, of the charges filed by Junrey Gabuya.
Gabuya accused Dakay, Quimada and Selgas of allegedly shooting him in July 1, 2010. The complainant said he was injured but did not seek medical attention because of fear that the suspects will find him and finish him off.
The suspects denied the charges saying that on the said date they were asked by the members of the Naga City police to assist them in the service of the warrant of arrest against Gabuya.
Dakay said he and his two tanods accompanied the police officers to Gabuya’s house. They spotted Gabuya at the house of his auntie and asked him to surrender because he has a warrant of arrest.
However, Gabuya allegedly fired at them and fled.
The anti-graft office found the respondents’ counter-affidavit to be more credible than that of the complainant.
“Being bound to implement the law especially in his barangay, respondent barangay captain said that he then accompanied the said police officers in looking for Junrey,” the graft investigator said in her resolution of the case.
“The respondents were there accompanying the police operatives to serve the warrant of arrest against complainant but that complainant escaped and in doing so, he fired at the chasing authorities is more real,” she added. — (FREEMAN)