Lawyer’s camp to seek for reconsideration

CEBU, Philippines – The camp of a lawyer attacked by the wife of a town vice mayor is determined to seek for a reconsideration on the downgrading of its complaint for frustrated murder to a lesser crime of slight physical injuries.

Lawyer Rex Fernandez, one of the legal counsels assisting the victim, lawyer Jiecel Tiu, said he will file a formal motion for reconsideration next week despite an earlier pronouncement made by assistant city prosecutor Liceria Rabillas that her office could not anymore entertain such a motion because the case was already filed in court.

Rabillas explained that after the case was elevated to the Municipal Trial Court in Cities her office lost jurisdiction over it. She, however, said the complainant can file a petition for review or motion for reinvestigation before the Department of Justice.

Rabillas downgraded the complaint for frustrated murder filed by Tiu against Pearl Ungab, 41, wife of Ronda Vice Mayor Jonah John Ungab. Rabillas instead recommended the filing of slight physical injuries before the court.

The recommendation was approved by acting city prosecutor Maria Luisa Ratilla.

“The fact that the respondent just ran towards her car and banged the right passenger window with her fist and tried to open the door without any weapon at hand, would tell that she does not have the plan to kill the complainant. The presumption, therefore, of criminal intent may arise from the proof of the criminal act of the respondent,” Rabillas ruled.

The complainant has already asked Wednesday the MTCC to suspend the proceedings of the case for slight physical injuries against the accused pending the resolution of its motion for reconsideration before the prosecutor’s office.

Tiu, 30, a resident of Barangay Tungkop, Minglanilla, accused Pearl of trying to kill her on February 26 at about 5:45 p.m. The complainant said she was on board her red Toyota Vios and was about to leave the parking area of her law office at Centro Maximo Building at Ranudo corner D. Jakosalem Streets when the accused entered the parking lot with her black Nissan Navarra and “purposely” blocked her way out.

Tiu said Pearl went out of her vehicle after she parked and banged the right passenger window of her car using her fist and tried to open the same.

Tiu was allegedly followed by Pearl to D. Jakosalem Street and intentionally bumped her car. Tiu stopped in front of the CITOM office in Cogon Ramos, Cebu City, “thinking and hoping” that police visibility will stop Pearl from attacking her.

However, Tiu said Pearl alighted from her vehicle and smashed the window of her vehicle using a baseball bat. Tiu added that the accused also hit her with the same bat.

Pearl admitted, in media report, smashing the window of Tiu’s car because the latter allegedly sprayed pepper spray on her face and tried to run over her and her two-year-old daughter at the parking area.

Pearl said she was in the area to meet a friend when she saw Tiu. She added that she wanted to talk to Tiu but the latter declined and insulted her instead. — (FREEMAN)