CEBU, Philippines - A teary-eyed Mandaue City Prosecutor Bienvenido Mabanto denied the accusations hurled against him by a Japanese national, who claimed he was mauled by the government official.
In a press conference yesterday, Mabanto belied the allegations against him saying that he did not even pinch Tamotsu Miyauchi, much more punch him.
“Dili intawon ako ang nikulata ana niya. Kadaku anang tawhana unya mas batan-on pa nako. I am not inclined to engage in physical fight with him,” the 58-year-old Mabanto said.
He said that he is in fact filing charges of physical injuries, malicious mischief and direct assault today against Miyauchi.
The incident happened when Mabanto was on his way to Mandaue Hall of Justice in barangay Subangdaku around 3 p.m. last Friday to pick up a fellow prosecutor for them to go together to Waterfront Hotel Cebu City Hotel.
He was heading to the hotel to receive his award of recognition from Department of Justice Secretary Leila de Lima.
Mabanto, the vice chairman of Mandaue City’s Traffic Management Board for the past 20 years, explained that there was no traffic altercation that occurred that day.
“Stop pa ang traffic lights. Unya kani nga Japanese, nisulod gyud sa tunga bisan gamay kaayo ang lugar then all of the sudden I heard a loud noise kay iya diay gihapak akong auto,” Mabanto said.
He said that after which he disembarked on his car and introduced himself as a government prosecutor and the one in-charge of the city’s traffic, but Miyauchi said he does not care and he does not know the prosecutor.
He then held the hand rail of Miyauchi’s motorcycle to prevent the latter from speeding away as he called for police assistance.
But the Japanese reportedly told him in a loud voice, “No police. Always ask money, very bad.”
While Mabanto and Miyauchi were having verbal altercation in the middle of the highway, Mabanto fell on the asphalted road after he was hit by the front tire of the Japanese national’s motorcycle.
It was during this unfortunate situation, according to Mabanto that he asked help from the people surrounding him and a woman shouted telling the bystanders to help the prosecutor and help the Filipino (Mabanto) from further harm.
“Pagsulti sa babaye nga tabangi ninyo si sir kay mga Pinoy gud ta. Mao tong panahona nga gitabangan siya og kulata sa mga tawo,” said Mabanto.
Mabanto is saddened at how Miyauchi and his lawyer Ken Grace Mendoza were reportedly trying to portray him as a villain and a violent man.
On the other hand, Mabanto, who just recently fed 540 children in Mandaue City as his tradition for the past 11 years, said based on his initial personal investigation, Miyauchi came from Sogod, Southern Leyte and this man is known to be “burikinto” or ill-tempered and reportedly a wife-beater.
At the time of incident, Miyauchi was accompanied by a woman, who is reportedly his secretary and according to Mabanto, the police had told him that the woman even said that the prosecutor did not do anything bad to her companion.
Mabanto himself showed some injuries on his fingers, on his right foot and admitted he is suffering from back pains and on his head.
Miyauchi is currently detained at the Subangdaku Police Station as Mabanto insisted that he legally arrested the latter and there is nothing illegal about the arrest contrary to the claim of Mendoza.
CALL FOR JUSTICE
Miyauchi is now calling for justice as he remains detained.
Miyauchi said that he came to Cebu to put up a business, but instead he earned cuts, bruises and burns after his altercation with Mabanto, policemen, and enforcers, who allegedly beat him up.
Miyauchi has been detained since Friday while his motorcycle bearing plate number TM 5457 was impounded by Jadewell Parking System after the incident.
Lawyer Kim Grace Mendoza said she is planning to file serious physical injuries and illegal arrest charges against those who were liable for detaining her client.
“I just want to protect my client and if ever he wants to file a case or not it’s all up to him,” she told The Freeman.
According to retired prosecutor Celso Espinosa that if the arrest of a certain person doesn’t have a legal ground or even during the confiscation of anything, which is not used in committing a crime, this can be considered illegal.
This is contained in Article 125 of the Revised Penal Code.
Mendoza said that if Miyauchi will push through with the case, she needs a Japanese interpreter to explain their legal action.
Mendoza added that she will visit the Japanese embassy today. (FREEMAN)