Plaint vs. councilman dismissed over charges

CEBU, Philippines - The anti-graft office has dismissed a complaint filed against a barangay councilman of Tungason, Lapu-Lapu City, after a similar cause of action was already filed against him in court.

“Considering that same case involving the same incident, parties and issues is now pending at the RTC Branch 27, Lapu-Lapu City it would be most proper and appropriate, that this instant case be dismissed,” the resolution read.

Graft investigator Antonio Yap said their office received information that respondent barangay councilman Diosdado Juezan had filed a criminal case against complainant Rael Ompad before the court.

In the complaint filed by Ompad, he alleged on Apr. 15 and 16, 2011 their barangay held a benefit dance at the tennis court.

The following day he was ordered by their barangay captain Melodina Sigura to dismantle the sound system.

While he was carrying out the order, Ompad said Juezan, who seemed to be drunk, told him to stop. He said he was just following Sigura’s orders but the latter allegedly got angry and mauled him causing injuries to his eyes.

He said after he returned the sound system to the owner he went to the hospital for treatment and reported the incident before the Olango Island Police Station.

He said he later went back to the tennis court to retrieve his flashlight. En route he passed by the house of respondent’s in-laws, he reported seeing Juezan outside firing at him.

Ompad said he returned fire, he later lost his gun after it fell while he was driving home on his motorcycle.

He filed a complaint for physical injuries and attempted murder against respondent.

Juezan, in his counter-affidavit, denied the allegations.

He said on the said date he got a complaint from neighbors that the complainant was dismantling the sound system. Juezan said he went to the area and told the complainant that the sound system will be used for the benefit dance.

“Instead of heeding the request, complainant arrogantly replied nobody can stop me,” Juezan said.

He said he raised his hand out of “annoyance” but the complainant evaded and hit the sound system causing injury to his eyes.

In order to evade further trouble he said he went to the house of his in-laws but Ompad followed him there and shot at him. He was hit at the right portion of the abdomen and at the back near the spinal cord.

Yap in his resolution said he appreciated the evidences presented by both parties but dismissed the case because there was already a criminal case filed in court. — (FREEMAN)