Fiscal downgrades raps vs Ungab’s wife

CEBU, Philippines - A city prosecutor agreed with the resolution of a colleague in downgrading the frustrated murder raps filed against the wife of Ronda Vice Mayor Jonah John Ungab to slight physical injuries.

In his two-page report, Cebu City Prosecutor Rogelio Del Prado, Jr. agreed to downgrade the complaint for frustrated murder filed by lawyer Jiecel Tiu against Ungab’s wife Pearl.

“…intent to hit her head or kill the complainant is not quite established but the intent to harm the complainant is obvious which resulted in finding probable cause for slight physical injury and to which the undersigned re-investigator agrees to,” said Del Prado.

Del Prado’s reinvestigation of the case was as per order of Municipal Trial Court in Cities Judge Grace Veloso-Fernandez of Branch 8.

Fernandez ordered the reinvestigation after granting the omnibus motion of Tiu questioning the resolution of Assistant City Prosecutor Liceria Rabillas downgrading the charges.

Tiu alleged the intent to kill and pre-meditation were present in the case.

Pearl, however, filed a motion for reconsideration claiming Tiu failed to present grounds for the case’s reinvestigation.

In addition, Pearl alleged Tiu’s omnibus motion was filed beyond the five-day reglementary period as mandated under Section 7, Rule 112 of the Revised Rules of Criminal Procedure and is not in harmony with the Revised Rule on Summary Procedure.

Fernandez, however, denied Pearl’s motion for reconsideration.

She ruled that there is no need for Tiu to present new evidence in order to support her motion because it is not a prerequisite for a reinvestigation.

A motion for reinvestigation, Fernandez further said, is not barred under the Revised Rules on Summary Procedure, as alleged by Pearl, as it only applies to the accused.

“For reasons stated and having no new evidence to overturn the original findings, the case is submitted back to the court for trial as originally charged,” read the reinvestigation report.

Pearl was charged for slight physical injuries for allegedly hitting Tiu with a baseball bat on February 26, 2015 in Barangay Cogon Ramos, Cebu City.

It was alleged that Tiu was having an illicit affair with the vice mayor, who is also a lawyer, to which Tiu vehemently denied.

Background

On February 26 this year, at about 5:30 p.m., Tiu who was on board her red Toyota Vios car was about to leave the parking area of her law office at Centro Maximo Bldg., at Ranudo corner Jakosalem streets when Pearl entered the exit area of the parking lot with her black Nissan Navarra and “purposely” blocked her way out.

Tiu alleged Pearl went out from her vehicle and banged the right passenger window of her car using her fist and tried to open the same.

Since Pearl cannot open the door, Tiu alleged the latter ran back to her vehicle, took a baseball bat and smashed the back passenger window of her car.

Tiu left the parking area, but Pearl allegedly followed her to Jakosalem Street and intentionally bumped her car.

She continued to drive and stopped in front of the CITOM office in Cogon Ramos where Pearl bumped her vehicle again and smashed her car with the baseball bat.

When the window was broken, Tiu said Pearl hit her aiming her head and face.

Del Prado, however, ruled that Pearl’s action was an indication of intent to do harm and not to actually kill Tiu.

“It is undeniable that the manner of the attack was fueled by pure hatred by the accused and jealousy blinded her judgment. The motive of the attack is clear but it does not determine her state of mind whether she was intending to kill or just harm the complainant and judging by her social status as an educated vice-mayor’s wife, a mother, an angry and obfuscated wife, it is highly unlikely for her to commit murder in front of many people in broad daylight,” read the report.

The only aspect that the existence of intent to kill can be established was when Pearl swung the bat repeatedly at the head area, which, upon evaluation, was the “accessible and available area” where the vice mayor’s wife can hit since Tiu was inside her car, the prosecutor said further. — (FREEMAN)