Osmeña faces criminal rap for `kicking' boy, 7

CEBU CITY - The boot is on the other foot and the alleged kicker is about to be kicked himself.

This, after the Office of the Ombudsman-Visayas upgraded from administrative to criminal the case against Cebu City Vice Mayor Renato Osmeña over an alleged kicking incident during the Sinulog parade.

Osmeña now formally faces a criminal complaint for allegedly kicking seven-year-old Fred Leonard Medalle during the Sinulog parade at the Cebu City Sports Center last Jan. 16.

Deputy Ombudsman Nicanor Cruz approved the upgrading of the case to a criminal complaint despite an affidavit of clarification executed by the boy that someone else, not Osmeña, kicked him.

Cruz said the actuation of Osmeña, who chaired the Sinulog Foundation, may not be related to his official function as vice mayor.

"The chairman of the Sinulog Foundation may or may not be a public official. The final action on the administrative aspect will depend on the criminal aspect," he said.

The anti-graft office is expected to file a case of slight physical injuries against Osmeña with the Municipal Trial Court in Cities.

Osmeña, meanwhile, said he has not received any formal notice yet and will just wait for whatever action the anti-graft office will take. He declined to elaborate.

In filing the criminal complaint against Osmeña, the anti-graft office gave credence to Fred Leonard's first affidavit where the boy said the vice mayor kicked him, a statement corroborated by three journalists who claimed to have witnessed the incident.

The anti-graft office said the Medalles are not liable for perjury, despite the boy changing his statement thrice after initially claiming to have been kicked by Osmeña.

Salvador Solima, lawyer of the Medalles, earlier submitted an affidavit of clarification, the third sworn statement executed by the boy, asking the anti-graft office to stop its inquiry into the incident.

In the affidavit of clarification signed by Fred Leonard, the boy clarified that he was not kicked by Osmeña but by someone else.

In a sworn statement signed last Jan. 21, the boy accused Osmeña of kicking him. In his second affidavit, he did not retract his statement but merely said he and his parents were not interested in filing charges against the vice mayor.