Monday, January 01, 2007 City dad, 3 others deny unlawful arrest charges By Rimaliza Opina
A COUNCILOR and three anti-Jadewell advocates facing complaints of unlawful arrest, grave coercion, slander and intriguing against honor disproved such allegations, claiming these were fabrications spawned by the parking firm's president.
In a counter-affidavit, Councilor Jose Molintas, Nick Parado, Cesar Fianza and George Dumawing said Rogelio Tan's complaint does not have basis, stressing it is the latter who is committing estafa by making false pretenses that he has authority to collect parking fees as laid down by the Pay Parking Ordinance.
The group however pointed out that Tan's basis is no longer valid because the ordinance was already repealed.
Tan's filing of the four complaints stemmed from Molintas' leading a citizens arrest against him last December 4, reportedly after Dumawing complained of the continued collection of parking fees despite the repeal of the ordinance.
Dumawing and Molintas said they did not pull Tan violently as it was the latter who went out of his office and shouted at them.
The group also contended that they never said anything that could dishonor the parking firm's president because most of what they said in public was repetitions of the findings of a special audit team, which stressed among others, that Jadewell violated some provisions of its contract with the City Government.
The counter-affidavit, which was filed December 27, also asked the Office of the City Prosecutor to dismiss the complaint, claiming this is a ploy to harass them, recalling that the first time police asked Tan if he had complaints to file, he said there was none. Tan reportedly made the declaration in the presence of his counsels.
In his December 8 complaint, Tan averred that there are no grounds for Molintas and Dumawing to arrest him as he maintained that the validity of the ordinance and the memorandum of agreement were upheld by the courts.
The grave coercion charge stemmed from the group's alleged use of violence, threats and intimidation, which prevented the planned inking of a business venture with another party, whom he was reportedly negotiating with at the time.
Tan also filed slander and intriguing against honor because when Molintas shouted in the presence of many persons that he is committing extortion with the continued collection of parking fees, he was not only accused of a crime that he claims he did not commit but his reputation has been damaged because of the remark.
