Chacapna: Judge Roberto and DepEd’s resolutions

HERE is the final exam question in criminal law given to me for editing and publication by a friend. The antecedent facts are as follows.

Doing paper works in his chamber, Judge Roberto received a call from a relative informing him that the taxi named after their family, “Roberto Taxi” was impounded at the police station with an intoxicated driver. Since the station is just few blocks away and that he only has few hearings to attend in his Sala, he went out to the station and inquired. Though he did not introduce himself verbally, PO1 Rooky easily identified him as a prominent personality.

Judge Roberto then reprimanded the still stunned taxi driver for driving under the influence of liquor. The driver explained that it’s nearly New Year, he was supposed to sleep but the owner called him to accompany some ladies relatives of the owner in buying rounded fruits. That was where he was accosted along Havanaw square. Knowing the penalty of the driver, he asked PO1 Rooky if citation tickets were issued or any property was damaged by the driver. The police said no properties were damaged, citation ticket given already the incident can be read in the police blotter.

“Is that all?” Judge Roberto asked PO1 Rooky. The police answered yes.

There being no reason to detain the driver and that the penalty is to pay the fine, PO1 Rooky released the driver and the taxi in Judge Roberto’s presence. Several hours later, a video captured by Pongtau Dashcam circulating in social media shows the same “Roberto taxi” unit dragging a hanging policeman in the windshield towards the police central station.

Mayor Benjie Magalong being the action man of the city called on PO1 Rooky to explain why he released the driver and the taxi, of which the latter said “I cannot find reckless driving with assault to a policeman in the citation ticket, he is a judge he knows what he is doing and that any damages can be settled in the station immediately to avoid clogging the court.”

Days later a legal researcher prepared the following charges: Direct assault upon agents of person in authority for the driver; obstruction of justice for Judge Roberto and PO`1 Rooky, simple imprudence for Mayor Magalong and violation of the anti-obstructed driving law for Pongtau Dashcam.

If you were the prosecutor, explain the charges (5 points) and if the defending lawyer for the four, craft your defense (10 points). The answers will be given in the next issue.

To look forward this New Year, here are the New Year’s resolutions texted to me by some important Derpartment of Education (DepEd) personnel. I will use fictitious names to protect their identity, since teachers are the role models of society.

Principal Brenda is looking forward to support the Aikido Karate-do club and not only scouting. She will also incline to open her ears not only for the few chosen heads who claims to own the monopoly of knowledge, in addition to practicing delegated leadership. She has promise not to shortlist qualified applicants.

Principal Ester and Master Julie slowly will learn where to place arrogance in power, because it would be comfortable to sit in a lowered chair than in an elevated one but with the feet hanging above the ground. They are looking forward to practice leadership in a humorous manner.

Superintendent Mari is expecting the 10 million Cordillera Administrative Region Athletic Association (CARAA) fund to be utilized wisely and to oversee all DepEd family members to have fair share in everything, ranking and promotion included.

My friend Master Alan, the only real name here, plans to sacrifice his salary via demotion, just to steer the Science Department to its original glory which was thrown all at sea by the career oriented ladies (Pampers, Panda and Pinky).

To be continued...

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