CEBU, Philippines - Boxing promoter and manager Rex "Wakee" Salud has gained a measure of victory in his botched political bid after the court dismissed the perjury case filed against him.
Municipal Trial Court in Cities (MTCC) Branch 3 Judge Wilfredo Dagatan said that while Salud is accused of making false statement in his certificate of candidacy (COC), the prosecution is "not also telling the truth."
Dagatan said that the prosecution said in its complaint that Salud made a false statement infront of Election Officer Arvin R. Maghanoy, but later wanted to change the information that he swore before Election Officer Jovito Beltran, not Maghanoy.
"Let it be noted that accused is charged for perjury for not telling the truth, likewise, the Court has noted that the prosecution (is) not also telling the truth," Dagatan said in his one-page decision dated Dec. 5.
"Prosecution (was) vacillating and (its) primordial duty to prove the guilt of the accused beyond reasonable doubt is now tainted with infirmity," he added.
The decision came less than two months after the prosecution filed an opposition last Oct. 22 to Salud's Sept. 22 motion to quash information and dismiss the case.
Meanwhile, Salud's lawyer Attorney Filmore Gomos said the prosecution's evidence was incomplete and that his client is now thinking of filing counter-charges, following the dismissal of his case.
"The dismissal clearly shows the utter lack of factual and legal foundation for the harassment case filed against my client to foil his mayoralty candidacy for Cordova," said Gomos.
It was Cordova Mayor Adelino Sitoy who filed a complaint after Salud filed a second application for registration with the Cordova Election Registrar due to the boxing promoter's change of residence in Cordova, Cebu on October 31, 2012.
Sitoy said that Salud's claim that he (Salud) was a resident of Barangay Cogon, Cordova for only one year and 11 months already was not true.
Sitoy also alleged that the information on the application form for registration of Salud was also not true. (FREEMAN)