The Office of the City Prosecutor has ordered to charge a member of the city task force who boxed a radio broadcaster of less serious physical injuries instead of attempted homicide.
In a resolution dated January 14, 2011, Assistant City Prosecutor Alberto Rara finds that the evidence presented by broadcaster Richard Bompat (the complainant) could not sustain a charge of attempted homicide.
"It is believed that the proper charge in this case would be less serious physical injuries defined under Article 265 of the Revised Penal Code considering that per medical certificate, the injuries suffered by complainant will 'heal or require attendance or incapacitate him for 10-14 days barring complications not apparent at the time of examination'," the resolution stated.
It may be recalled that in the afternoon of November 22, 2010, Bompat was having a conversation with two casual employees of the provincial capitol, in front of Bohol Environment and Management Office (BEMO) when city task force member Cesar Goloso, who alighted from a motorcycle together with fellow task force members Jido Lopena and Constantino "Jong-Jong" Garcia, suddenly approached the broadcaster and boxed him without provocation.
Goloso boxed the complainant's stomach and face using an improvised metal knuckle bar(pachicorno) which was inserted on the respondent's fist.
Bompat rolled on the floor as blood streamed down from his face after he was hit by Goloso, a member of the City Task Force working under the direct supervision of the City Mayor's Office.
Goloso left the bloodied Bompat on board the motorcycle together with Lopena and Garcia.
Bompat was rushed to the Gov. Celestino Gallares Regional Hospital where Dr. Bernard Magdoza, the attending physician stated that Bompat suffered lacerated wounds, one measuring two centimeters at the right lower periobital area and another 1cm laceration at the upper nasal area. It took five stitches to stop the blood from flowing profusely from the wounds.
Assisted by Atty. Alexander Lim, Bompat formally charged Goloso and his two companions with attempted homicide on November 26, 2010 at the City Prosecutor's Office.
When the case was called for preliminary investigation last January 7, Goloso's counsel Atty. Doni Piquero appeared and manifested that they are waiving the submission of countervailing evidence.
Hence, the city prosecutor resolved the case on the basis of evidence submitted by the complainant.
Prosecutor Rara stated in the resolution that during the preliminary investigation, Dr. Magdoza was asked whether a fistic blow using a metal knuckle bar hitting the complainant's nasal and periorbital area of the face could possibly cause the latter's death.
Dr. Magdoza said that the blow could not cause the complainant's death and the worst he could have suffered would have been blindness.
"In view of this, it is believed, that the evidence presented by the complainant could not sustain a charge of attempted homicide," Rara said.
Considering that the imposable penalty of less serious physical injuries is arresto mayor or imprisonment of one month and one day to six months, the prosecutor ordered that the case should undergo the compulsory barangay conciliation proceedings before the same could be filed in court.
Bompat is given one month from the issuance of the resolution to submit the case for mandatory conciliation proceedings before the proper barangay Lupong Tagapamayapa and submit the Certificate to File Action at the prosecutor's office.
The prosecutor added that respondents Lopena and Garcia acted as co-conspirators of principal respondent Goloso, therefore they should be included in the case.
Bompat, however, intends to file a motion for reconsideration on the assailed resolution and will have it elevated for review to the Regional State Prosecutor’s Office if the MR is denied.
The public is closely monitoring the case as there have been past incidents involving the same personalities of the city task force harassing members of the local media. - Bohol STandard
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