Friday, September 20, 2002
Deputy mayor asks court to junk raps
A DEPUTY mayor accused by his constituent of slight physical injuries and grave threats asked the court to dismiss the charges filed against him.
Aided by his lawyer, Deputy Mayor Delmio Animeta filed a motion for the dismissal of the two cases filed against him by one Aroyo Rallos of Km. 6 Matina Pangi, Davao City.
Defense lawyer, Raymund Batu, cited two grounds for dismissal -- the rule on concurrent jurisdiction of administrative agencies and violation of non-forum shopping.
It was learned that the complainant has simultaneously filed the same charges against the deputy mayor at the Ombudsman and at the City Prosecution's Office.
Based on the court records, Animeta allegedly mauled Rallos last January 26, 2002 at around 10 p.m. Rallos was said to been engaged in a fistfight with two of his relatives on that night.
While the complainant was on his way home, the deputy mayor approached and mauled him. Animeta even drew out a gun and struck his face and shoulder, Rallos added.
A few days after the mauling incident, Rallos said the deputy mayor "forced" him to sign an amicable settlement paper inside Animeta's office.
Rallos said he was even threatened by the deputy mayor that he (Animeta) would also file a P1.5-million "moral damage" charge against the complainant if he will not rescind.
Animeta was supposed to be arraigned last Wednesday but because of the motion for dismissal, Judge Oscar Aquino of the Municipal Trial Court in Cities Branch 3 deciced to defer it pending his resolution on the motion.(Ben O. Tesiorna)
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