MANILA, Philippines - The camp of the Metro Manila Development Authority (MMDA) traffic constable allegedly assaulted by Robert Blair Carabuena is asking the Quezon City court to deny the motorist’s motion to quash the case against him.
In a seven-page opposition, the MMDA legal department – representing constable Saturnino Fabros – said Carabuena was harping on trivialities and that his motion was just a move to delay the proceedings. He was charged with direct assault upon an agent of a person in authority.
The MMDA lawyers argued that the information filed before the court sufficiently alleged that Carabuena was aware that Fabros is an agent of a person in authority.
“The accused knew such fact since the victim is said to be manning the flow of traffic and was engaged in the performance of his duties,†read the opposition.
In his earlier motion, Carabuena said the information does not allege the facts showing that Fabros is an agent of a person in authority or is imbued with functions constituting an agent of a person in authority.
The MMDA lawyers said the prosecutor who recommended the filing of the case is not making a conclusion of law, but is stating facts constituting the elements of the crime.
They added that the argument on whether or not Fabros is an agent of person of authority is a matter of defense and can only be entertained on the trial of merits.
They asked Judge Juris Dilinila-Callanta to deny the motion for its lack of merit and for being dilatory to the court proceedings.
On Aug. 11, 2012, a television news crew videotaped Carabuena physically assaulting Fabros, who flagged him for a traffic violation.