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Monday, September 08, 2003
Ombud suspends ComVal councilman for mauling
A BARANGAY councilman was suspended for three months after he was accused of mauling a man who asked payment for the beer that he and his companions drank last May 8.
Gregorio C. Generale Jr., barangay councilman of Magnaga, Pantukan, Compostela Valley, was ordered suspended based on a decision penned by Graft Investigation Officer 11 Ma. Clarissa M. Muego dated August 14.
The charges stemmed from the complaint filed by Jonald Palma of Barangay Piape, Pantukan.
In his complaint, Palma claimed that last May 8, Generale was assigned as the ticket collector of a disco sponsored by the youth organization in celebration of barangay fiesta.
Around midnight, Generale and some friends allegedly went inside the disco house and allegedly ordered beer amounting to P600, promising to settle the bill later.
When Generale ordered his last beer, Palma asked for the payment but Generale allegedly got angry, prompting Palma to pour a glass of beer at him.
Generale allegedly handcuffed, mauled and dragged Palma, resulting to injuries all over his body.
Generale left the place afterwards, while relatives took Palma to the police station for safety.
In his counter-affidavit, Generale denied mauling and handcuffing Palma. He claimed he did not have a handcuff in his possession, as he is not a police officer.
He said he saw Palma 50 meters away from the place the disco was held, being handcuffed by an unidentified man, as Palma was very drunk.
Palma insisted in his reply-affidavit that the handcuff of the barangay council of Magnaga was in Generale's possesion as certified by the barangay secretary.
Both parties were called to a preliminary conference on July 24, but both parties failed to attend. Both also failed to submit their position papers after the lapse of time prescribed, so the case was submitted for decision on the basis of evidence on record.
After evaluation, the Ombudsman was unconvinced of Generale's position. Palma also reported the incident immediately after it occurred, therefore Palma did not have time to fabricate it.
In fact, Palma had to travel from Magnaga to the Ombudsman Office in Davao City on the morning of May 9 to seek assistance to remove his handcuff and to file the complaint.
Pantukan municipal mayor Jovito D. Derla was directed to enforce Generale's suspension and to show a proof of compliance of the order within ten days upon finality of the decision. RCB
(September 8, 2003 issue)
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