CEBU CITY - The father of the seven-year-old boy, who was allegedly kicked by Vice Mayor Renato Osmeña during the Sinulog presentation at the Cebu Sports Center last Jan. 16, is hesitant to file criminal charges against Osmeña.
The reason? Sagarino Medalle is out on bail for a drug offense, and he fears that Osmeña, chairman of the Police Coordinating and Advisory Council, might use his influence to bring him down.
"Piansado man ko director mao na ang akong gikahadlokan (I am out on bail and that is what's keeping me from pursuing the complaint)," said the father of alleged victim Fred Leonard Medalle.
Meanwhile, the Office of the Ombudsman-Visayas will no longer conduct a clarificatory investigation into the alleged involvement of the vice mayor in the incident.
Virginia Palanca-Santiago, director of Ombudsman-Visayas, said her office is waiting for reporters to execute affidavits to corroborate the statement of Medalle before it releases its final evaluation report.
"We need the corroborating statements of commentators and reporters before we decide to file the case or not because this falls under summary procedure," Santiago said.
The anti-graft office has asked commentators Pablito Nalzaro and Leo Lastimosa of dyAB, and Sun Star editor Gem Cabreros to submit their affidavits.
Santiago said her office has yet to determine whether the incident has anything to do with Osmeña being vice mayor.
"If it is not related to his function as vice mayor, then we will turn to the courts," Santiago said.
Dr. Hector Gallemaso, who attended to Fred at the outpatient department of the Cebu City Medical Center, had certified that the child had a contusion hematoma on the left side of the temporal area.
The complaint of Medalle would fall as a case of slight physical injuries under summary procedure, which means the court will conduct a preliminary investigation.
The slight physical injury case will be prescribed within 60 days. If the complaint will be filed in court, it will be under the jurisdiction of the Municipal Trial Court in Cities and the recommended bail will be P1,000.
Fred narrated in his affidavit that while he was watching the Sinulog on Jan. 16, the head of a man sitting beside him hit his thigh after another man in boots kicked the former.
When he fell, Fred said the man in boots, who another woman later identified as Osmeña, kicked and hit him near his left eyebrow.
Nalzaro, who claimed seeing Osmeña kick the boy, said he will execute an affidavit today.
At City Hall, Osmeña accused Nalzaro of fabricating lies. "It's really impossible for him to see the incident as he claims. He was busy announcing and had his headset on. And he was not on an elevated point," he said. -