Brgy capt cleared of “hurting” man

CEBU, Philippines - For lack of probable cause, the anti-graft office has cleared the barangay captain of Lawaan, Alcantara town, Cebu, for a criminal complaint for slight physical injuries.

Graft investigation and prosecution officer Eden Crispy Lasala said she found no sufficient evidence to hold respondent Andres Timtim for the crime charged.

“The complainant did not adduce other evidence such as affidavits of other witnesses who could have corroborated his allegations that the alleged abusive act occurred in the early morning of Sept. 10, 2009. On the basis of the foregoing discourse, this office finds no cogent reason to file the appropriate Information with the proper court,” the resolution read.

Aside from the insufficiency of evidence, Lasala also mentioned that the filing of the complaint was premature because of the absence of a Certificate to File Action issued by the barangay lupon.

Under the Local Government Code of 1991 all disputes between parties rising in the same city or municipality “shall be subject to barangay conciliation proceedings” before filing complaint in a court or any investigating body.

Lasala said the absence of the Certification to File Action was one of the grounds in the dismissal of the complaint.

The complaint was filed by Ale Temple. In his complaint Temple said on Sept. 10, 2009 at around 6:30 a.m. barangay tanod Leon Sembrano went to his house and said that the respondent asked him to do some work in his house in Lawaan.

After preparing his tools, he said he went to the respondent’s house. When he got there the respondent then asked him what he did to his motorcycle to which he replied “nothing”.

Confused by the accusation, Temple asked the respondent what happened to his motorcycle but instead of answering his question, the latter allegedly raised his voice and asked him who messed up his motorcycle and who he was with the night before.

Because of his denial, he said respondent borrowed his bolo and ordered him to place his right hand on the ground then hit it using the back of the blade. Then the respondent allegedly did the same to his left hand, leaving both of his hands bleeding.

After that the complainant said he “bid goodbye” but the respondent did not bother to answer him.  He added he rushed home then reported the incident to the police station.

In his counter-affidavit the respondent denied the allegations claiming it was politically motivated. He said it was unbelievable that complainant would place his left hand on the ground after he saw what happened to his right hand.

Sembrano corroborated the claim of respondent.  In his affidavit, he denied having gone to the house of the complainant that day and time.

He said it was difficult for him to go to the house of the complainant considering he was 77 year old and his house was two kilometers away from the complainant’s house.

In her eight-page resolution, Lasala ruled to dismiss the case.  She said aside from the absence of the Certification to File Action, she found it “too incredible” that the complainant did not resist when the respondent was hurting him.

“It is not consistent with reason and of common human experience that a person would allow himself to be subjected to the same pain and suffering in the hands of the same person without any hint of resistance,” the resolution read.

Likewise, Lasala said it is hard to believe the complainant still had the courtesy to say goodbye to the respondent when the latter caused him pain.

“This is against normal human actuations,” she added.  –(FREEMAN)