Lawyer-wife “encounter” raps downgraded

CEBU, Philippines - The Office of the Cebu City Prosecutor has downgraded the criminal complaint filed by lawyer Jiecel Tiu against the wife of Ronda Vice Mayor Jonah John Ungab from frustrated murder to slight physical injuries.

Assistant city prosecutor Liceria Lofranco-Rabillas ruled there was no intent to kill on the part of Pearl Ungab, 41, a resident of Cebu City.

“While the complainant insists that from the outset until the end, the respondent deliberately and intentionally assaulted her with a baseball bat and smashed her car, the seriousness of the injuries she sustained per her medico-legal certificate coupled with the manner the assault was carried out by the respondent negate the presence of the qualifying circumstance of treachery and evident premeditation as contemplated for by law in the crime of murder,” the four-page disposition read.

Tiu, 30, a resident of Barangay Tungkop, Minglanilla, said on February 26 at about 5:45 p.m. Pearl allegedly tried to kill her after hitting her Toyota Vios with her own vehicle.

Tiu said about 5:30 p.m. she said while she was on board her red Toyota Vios and about to leave the parking area of her law office at Centro Maximo Bldg., at corner Ranudo and Jakosalem streets, Pearl entered the exit area of the parking lot with her black Nissan Navarra and “purposely” blocked her way out.

Pearl allegedly left her car and banged on the right passenger window of her Vios using her fist and tried to open it. When she failed to get in she went back to her car, got a baseball bat and smashed the back passenger window of her Vios.

Tiu said she drove off but Pearl followed her to Jakosalem Street and intentionally hit her car. She stopped in front of the CITOM office in Cogon-Ramos where Pearl allegedly got off and smashed the left side and the left window of her car.

Tiu said when the window was broken, Pearl allegedly hit her.

In a newspaper report, Pearl admitted smashing Tiu’s car because she was mad after the lawyer pepper sprayed her face and attempted to run over her and her two-year-old daughter.

Pearl said she was in the area to meet a friend when she saw Tiu, the rumored paramour of her husband. She added she wanted to talk to Tiu but she declined and allegedly insulted her.

With the foregoing, Rabillas recommended the filing of the complaint for slight physical injuries against Pearl which was approved by officer-in-charge city prosecutor Maria Luisa Ratilla.

She said Pearl has no intention to kill the complainant considering she only used a baseball bat she got from her vehicle, if she had intended to kill she could have used a gun or another weapon.

“The fact that the respondent just ran towards her car and banged the right passenger window with her fist and tried to open the door without any weapon at hand, would tell that she does not have the plan to kill the complainant. The presumption, therefore, of criminal intent may arise from the proof of the criminal act of the respondent,” the disposition read.

Aside from that, Rabillas ruled based on the People of the Philippines versus Panesa, a Supreme Court ruling, considering the medico-legal certificate of Tiu did not contain the period of medical attention, the case falls under slight physical injuries.

“The crime is also slight physical injuries if there is no proof as to the period of the offended party’s incapacity for labor or of the required medical attendance.”

Rabillas said she did not consider the angle of jealousy in the case because Tiu did not mention any in her complaint-affidavit and that they have any prior altercation with Pearl.

The case for slight physical injuries was filed before the Municipal Trial Court in Cities yesterday. Considering the case falls under summary proceeding, the bail is not required. Pearl has been released from detention. —/BRP (FREEMAN)