Gwen son cleared of assault charges

CEBU, Philippines - Because of insufficient evidence, the Cebu City Prosecutor’s Office cleared Pablo “Paolo” Garcia III, the son of suspended Governor Gwendolyn Garcia, of the direct assault complaint filed by the police at the height of the Capitol standoff.

State Prosecutor Rogelio del Prado said based on the evidence presented before him, there was no proof that Paolo attacked Police Inspector Alvino Enguito, head of Regional Public Safety Battalion (RPSB).

Aside from Paolo, Jose Primitivo Cal was likewise cleared from the charges although another respondent, businessman Tonyson Lee, was indicted.

In December last year, Enguito filed a direct assault complaint against Paolo, Lee and Cal for allegedly striking his head during a standoff at the Capitol on December 19, 2012 at 11:20 p.m.

In his complaint, he alleged that while making his rounds in the compound, Paolo allegedly struck the back of his head several times. Minutes after, Cal and Lee allegedly did the same.

In his counter-affidavit, Paolo denied the allegation.

On the said date, he said the supporters of his mother were holding a prayer vigil relative to the latter’s six-month preventive suspension for grave abuse of authority.

While the vigil was ongoing, he said 80 to 100 policemen arrived and dispersed the crowd. Upon hearing of the commotion, he went to the area to check what was happening but he denied assaulting the complainant.

Paolo added that maybe he was “included” in the complaint because of his presence in the area.

Lee likewise denied the charges. He said it was impossible for him to hit the complainant considering the latter was with other police officers. He said that he will not do anything that will cause him trouble.

During the commotion, he said he decided to go home but the perimeter fence stopped him from leaving the Capitol premises. In fact, he said, he was hit while trying to negotiate with the police to allow him to go out.

Cal denied the charges. He said he never hit the complainant.

In his resolution, del Prado said upon evaluation there was sufficient evidence to hold Lee for trial. He said after viewing the video footage, it shows Lee indeed struck the head of Enguito.

“The striking at the back of the head of the police officer while in full uniform under the light of the media camera does not only show contempt to the authority but a manifest intention to employ the force to defy and to humiliate the agent of a person in authority.”

“The utter lack of respect to the uniform and to the institution is magnified by the video footage showing utter insolence to authority which qualified of such a serious nature committed by Lee,” the resolution reads.

This complaint was only one of the many legal actions that stemmed from the standoff at the Capitol during the implementation of the governor’s suspension.

 Paolo has filed a complaint for robbery against acting governor Agnes Magpale and three policemen including Enguito before the Prosecutor’s Office. This case was remanded to the Office of the Ombudsman-Visayas.

In his complaint, Paolo accused respondents for the loss of his rented three tents used during the prayer vigil./JPM  (FREEMAN)