MANILA, Philippines - The arraignment of Robert Blair Carabuena, the motorist videotaped assaulting a Metro Manila Development Authority (MMDA) traffic enforcer, was postponed yesterday pending the resolution of a motion seeking to quash the case against him.
In a four-page motion filed before the Quezon City Metropolitan Trial Court Branch 42, Carabuena said the direct assault upon an agent or a person in authority charge could not be filed against him as the information failed to state that MMDA enforcer Saturnino Fabros was an agent of authority.
“The information simply states that the alleged victim in this case, Saturnino Fabros, is a traffic constable, and that the accused knew him to be an agent of authority,†said the motion. “It does not allege the facts showing that the alleged victim is an agent of a person in authority or is imbued with functions constituting an agent of a person in authority.â€
On Aug. 11, 2012, a TV5 researcher videotaped Carabuena physically assaulting Fabros after he was flagged down for a traffic violation.
In his counter-affidavit, Carabuena said Fabros should not be considered as a person of authority as he overstepped his duties when he hit his car, and cursed and pointed at him. He said his actions were merely a reaction from what Fabros has done to him.
The court has given the prosecution five days to comment on the motion.
Fabros appeared disappointed with the postponement of the arraignment, but said that he will abide with the Rules of Court. He said he is determined to pursue the case against Carabuena.