Councilman faces raps for “hurting” two men

CEBU, Philippines - Finding probable cause, the Office of the Ombudsman-Visayas indicted a councilman of Barangay Carreta, Cebu City, for a criminal case for allegedly hurting two of his constituents.

Graft investigator Pio Dargantes said based on the evidence at hand there was a sufficient evidence to hold Erwin Navales for trial.

Dargantes said although Navales denied the allegations filed against him saying he never hurt complainants William Villaruel and Joseph Roble of Sitio Bagong Buhay, Carreta, still the positive statement of the complainants prevails.

“In going over the complaint and counter-affidavits, including the supporting documents of the parties, credence is accorded to that of complainants. The only defense that Navales could muster is denial,” the resolution read.

Dargantes quoted Supreme Court decision citing denial is a self-serving negative evidence that cannot be given greater weight than the declaration of a credible witness who testify on affirmative matters.

Villaruel and Roble sued Navales for less serious physical injuries and grave threats.  They said on Feb. 3, 2011 they were talking with their friends at the Carreta Sports Complex when Navales suddenly “kicked and boxed” Villaruel but he was able to evade. Navales then pulled out a gun, pointed it at Villaruel and again punched him.

After Villaruel ran, Navales allegedly approached Roble and pistol-whipped his back.

In his counter-affidavit Navales denied the allegation saying he has no firearm and it was impossible for him to attack the complainants because there were four of them.

He said while walking home from a meeting with barangay councilman Reynaldo Francisco around 1 a.m. on the same date he heard some people outside an abandoned house talking loudly.

Upon passing by, he told the four men not to make noise because people were already sleeping and asked them to go home.  However, he said Roble told him to mind his own business.

Navales added that almost every night he sees the complainants and their group “sniffing rugby” outside the abandoned house near the sports complex.  He further accused the complainants of being involved in robbery and snatching.

In his six-page resolution, Dargantes said if the complainants were making a disturbance in their community, Navales should have called the police for assistance and not taken the law into his hands.

“There is no love lost betwee Navales and complainants after all. Navales swears that complainants are notorious for snatching and jeepney robbery and that they have police records. It is not therefore farfetched for Navales to lay his hands upon a miasmic constituent,” the resolution read.  (FREEMAN)