Judge orders Carabuena’s arrest

MANILA, Philippines - A Quezon City judge has ordered the arrest of Robert Blair Carabuena, the motorist videotaped attacking a traffic constable last year, for failing to attend his arraignment yesterday.

Through a representative, Carabuena – who is facing direct assault charges – said he was sick and sought the postponement of his arraignment. A copy of his medical certificate was submitted to Judge Juris Dilinila-Callanta of the Metropolitan Trial Court Branch 42.

In her open court order, the judge denied Carabuena’s bid, saying that sickness is not a ground for suspension of arraignment under the Rules of Court.

She ordered the issuance of an arrest warrant against Carabuena and doubled the P12,000 bail earlier recommended by the city prosecutor.

Dilinila-Callanta also ordered Carabuena’s lawyer, Caesar Ortega, to show cause why he should not be cited for contempt. Ortega also failed to attend yesterday’s arraignment.

The case against Carabuena stemmed from the complaint of Metropolitan Manila Development Authority constable Saturnino Fabros.

On Aug. 11, 2012, a television news crew videotaped Carabuena physically assaulting Fabros, who flagged him for a traffic violation. The video – which has since gone viral on the Internet – showed Fabros keeping his cool despite the assault.

Following the court proceedings yesterday, Fabros told reporters that he is determined to pursue the case despite Carabuena’s earlier apology.

The arraignment of Carabuena was earlier scheduled on Nov. 7, 2012. It was postponed, however, after the motorist sought the reinvestigation of the case filed against him.

In his motion, he claimed that he was not given enough time to submit his counter-affidavit during the preliminary investigation of the case.

But in her order last month, Dilinila-Callanta junked the motion and said that Carabuena was not deprived of his opportunity to submit his counter-affidavit.

Carabuena’s arraignment and the pre-trial of the case are scheduled on March 7.