Court reverses jail sentence vs Cebu City dad over maul

CEBU CITY — A city councilor was spared serving time in prison when the Regional Trial Court reversed last Friday his lower court conviction for mauling a dockhand in 1998.

Judge Isaias Dicdican overturned the Nov. 29 decision of the Municipal Trial Court which, he said, erred in giving full faith and credit to the testimony of the complainant, Vicente Navares, and prosecution witnesses Lumen Limbaga and Navares’ mother Lydia, against councilor Ernesto Elizondo.

In a 10-page decision, Dicdican acquitted Elizondo of the charges, citing inconsistencies in the testimonies of the witnesses.

MTC Judge Rosabella Tormis gave Elizondo, a one-time amateur boxer, a sentence of up to four years in prison after finding him guilty of grave threats and slight physical injuries. Navares used to work as a checker in a stevedoring firm which Elizondo owns.
Dicdican said Limbaga does not appear to be an eyewitness to the crime.

Limbaga testified that on July 27, 1998, she saw Elizondo maul Navares while on her way to buy some cases of softdrinks from a store at Pier 1.
Dicdican found Limbaga’s testimony hard to believe because her own store is located at Pier 4, about an hour’s walk from where she bought the softdrinks. Limbaga volunteered to testify against Elizondo.

Dicdican added that the witness’ testimony was not consistent with the medical findings of Christopher Codoy, the physician who attended to Navares after the mauling incident.

If Navares was hit by Elizondo while being held by the collar as Limbaga claimed, contusions on the right lower lip would not have been the only injuries sustained by the complainant, Dicdican said.

The court also found Navares’ own testimony not compatible with the medical certificate issued by the Cebu City Medical Center.

Dicdican said the testimony of Navares’ mother, Lydia, could not be considered credible because she failed to give specific details of how her son was mauled.

What came out to be more convincing, Dicdican said, was the testimony of defense witness Gregorio Pace.

Pace, a foreman at the Cebu Integrated Arrastre Inc., owned up to hitting Navares in the face with a backhand slap.

Dicdican said Pace’s testimony fit Codoy’s medical findings.

Meanwhile, Mayor Alvin Garcia challenged leaders of the Bando Osmeña-Pundok Kauswagan (BO-PK) to make good their promise to include Elizondo in their ticket once he gets an acquittal. The two politicians belong to rival parties.

BO-PK councilor Michael Rama said his group has not dismissed Elizondo from their slate, although they were eyeing lawyer Gerardo Carillo to take his place.

"As far as our last meeting on the subject is concerned, he is still on the list," Rama said.

Rama, who will be running for vice mayor with mayoral aspirant Tomas Osmeña, said the BO-PK has not decided definitely on Elizondo’s status in their ticket.

Prior to Elizondo’s acquittal, Osmeña, the founder of BO-PK, expressed concern that his conviction might be turned into a political issue which might divert the public’s attention from more pertinent issues in the election campaign. — Freeman News Service