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Wednesday, February 13, 2008
Village chief faces injury charge
By Jovy S. Taghoy
With Nancy R. Cudis
CEBU CITY -- A barangay captain in Cebu City surrendered to the police shortly after shooting one of his constituents, who allegedly attempted to attack him Tuesday morning.
Pasil Barangay Captain Romeo Ocarol underwent a paraffin test at the Philippine National Police (PNP) Crime Laboratory 7 upon the request of the Homicide Section, the unit tasked to investigate the incident.
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He also surrendered his 9mm Jericho pistol to the police.
The victim identified as Gregorio Abellana, 43, of Sitio Mahayahay II, Pasil was taken to the Cebu City Medical Center for two minor injuries in the lower part of his left leg.
Ocarol, in an interview with reporters at the Homicide Section, said Abellana's injuries were caused by splinters from a concrete pavement that was hit by the bullets and not from the two warning shots he fired during the incident.
The incident occurred at the barangay sports complex past 10 a.m. Tuesday.
Ocarol narrated that three days earlier, he summoned Abellana to answer a mauling complaint filed against the latter before the barangay. Abellana did not show up.
Last Sunday, when Ocarol and members of the Pasil Athletic Association were gathered in the sports complex for a meeting, Abellana allegedly showed up and took the microphone from the barangay captain.
Challenge
Abellana allegedly humiliated Ocarol in front of his constituents and even challenged the official to a fistfight.
Ocarol said he ignored Abellana's challenge.
Last Monday, Ocarol said his friends warned him to be careful because Abellana has been looking for him.
At 10:40 a.m. Tuesday, Ocarol said he spotted Abellana at the sports complex.
He said he left the barangay hall and proceeded to the sports complex where he told the other people, who were playing basketball, not to include Abellana in the game as the latter might only create trouble.
At this instance, Abellana allegedly attacked Ocarol, prompting the latter to pull out his gun and fire a warning shot.
Despite the first shot, Abellana reportedly continued to charge at Ocarol, forcing him to fire another shot.
The bullets hit the pavement where the splinters reportedly injured Abellana's leg.
Circumstances
The Department of Interior and Local Government (DILG), however, said it still has to look into the circumstances surrounding the incident before they could determine whether Ocarol violated the law.
"The reasons for the incident could vary. There are also justifying reasons, like the right to defend one's self and his property. But we cannot determine yet if (Ocarol) committed any violations because we still have to look at the circumstances of the case," said DILG 7 legal officer Danilo Almendras.
Citing a provision of the Local Government Code, Almendras admitted that a barangay captain is allowed to carry firearms.
According to Section 389 of the Code, the barangay captain is "entitled to possess and carry the necessary firearm within his territorial jurisdiction, subject to appropriate rules and regulations, in the performance of his peace and order functions."
"While he is allowed, his possession of a firearm is still subject to the regulations of the Philippine National Police, like securing a license for his gun and other necessary permits," said Almendras.
The same law also considered barangay captains, along with barangay councilors and barangay mediators, as persons in authority in their jurisdictions. Other barangay officials and members who may be designated by law or charged with the maintenance of public order are considered agents of persons in authority.
Toughie
Ocarol described Abellana to be a "toughie," having been the subject of several complaints in the barangay.
Homicide Section Chief Mario Monilar, however, said a complaint of physical injuries was still filed against Ocarol.
An investigation conducted by a team of homicide investigators Monilar sent to the area showed that Ocarol was forced to fire his pistol to prevent Abellana from attacking him.
The fiscal handling the case, however, lowered the complaint to slight physical injuries.
Tuesday afternoon, Ocarol was released from police custody after posting P2,000 as bail. (Sun.Star Cebu)
For more Philippine news, visit Sun.Star Pangasinan. (February 13, 2008 issue)
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