CEBU, Philippines - The Office of the Ombudsman-Visayas recommended the filing of a criminal case against a barangay tanod of Lower Acacia, Kinasang-an, Cebu City for allegedly firing his gun, causing alarm in his neighborhood.
“In view of the foregoing, it is respectfully recommended that an information for the crime of alarm and scandal be filed with the proper court,†the resolution reads.
Graft investigator Antonio Yap said considering the case was covered under the Rules on Summary Procedure, the charge sheet on alarm and scandal can be filed immediately before the proper court without conducting a preliminary investigation to require respondent to file his counter-affidavit.
Cases under summary procedures are petty crimes or criminal cases where the penalty prescribed by law for the offense charged is imprisonment not exceeding six months or a fine not exceeding P1,000 or both.
The alarm and scandal is punishable by arresto menor or imprisonment of one day to 30 days.
The complaint was filed by Maricel Raya of Lower Acacia, Kinasang-an against Jose Homer Manimog.
On May 22, 2012 at around 7:37 p.m., Raya said while she left their house to buy some medicine leaving her children and niece, the respondent who is their neighbor allegedly fired his gun near their door.
She said the incident happened right after she had an argument with the respondent’s wife, Rosalisa Sotto Mayor.
Raya said she reported the firing incident to the Pardo Police Station but she was advised to report the matter to their barangay hall.
However, when she approached their barangay captain the latter “got nervous,†afraid to handle such matters involving his men. Because of that, Raya went back to Pardo Police Station and had the incident recorded in the police blotter.
After reporting the incident, she then filed a complaint before the anti-graft office attaching the copy of a police blotter.
The filing of the case was approved by Deputy Ombudsman for the Visayas Pelagio Apostol. JPM (FREEMAN)