Charges of political camps in Daanbantayan dropped
The Cebu Provincial Prosecutor’s Office jointly dismissed the charges and counter-charges filed by rival political camps in Daanbantayan.
Provincial prosecutor Pepita Jane Petralba approved the dismissal of the case for direct assault that former Mayor Maria Luisa Loot filed against the sister of defeated mayoralty candidate Augusto Corro and Cebu Institute of Technology dean Judith Esmael.
The counter-charges for slight physical injuries and slander by deed that Esmael filed against Loot were likewise dismissed for lack of merit.
The case stemmed from an incident at the town’s police station prior to the May 14 elections wherein Loot claimed that one of her barangay captains was harassed by the political supporters of Corro.
A commotion allegedly happened, prompting her to step in, being then the town mayor. However, Loot said Esmael attempted to hit her with a chair. Unfortunately Esmael was stopped by the police and some of the people in the area.
On the other hand, Esmael alleged that Loot elbowed her left breast and pushed her which caused her to fall from the chair.
But assistant provincial prosecutor Jasmin Despi resolved that all three charges must be dismissed for lack of merit. Despi said in order for a person to be indicted with direct assault the elements of attack, use of force, intimidation or resistance upon a person in authority or his agent should be present.
Despi said the version of Loot is “hard to believe” given the situation that the incident allegedly happened at the vicinity of the police station, wherein the complainant is the mayor.
The use of chair as a supposed weapon for the attack is also described by Despi as highly unusual for a woman at Esmael’s age and status.
Despi added that even if the act was intentional it could not also be considered as direct assault because Loot was not performing her official function then. According to the prosecutor, assisting a barangay captain is not among the duties of the mayor under the Local Government Code. — Fred P. Languido/MEEV
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