After a year, Carabuena still not arraigned

MANILA, Philippines - A year after he was videotaped attacking a Metropolitan Manila Development Authority (MMDA) traffic constable, tobacco firm executive Robert Blair Carabuena has yet to be arraigned for the direct assault on an agent of a person in authority case filed against him before a Quezon City court.

Records show that his arraignment has been postponed at least three times since the case was raffled to the courtroom of Judge Juris Dilinila-Callanta of the Metropolitan Trial Court Branch 42 in September last year.

After failing to attend the first two arraignments on Nov. 7, 2012 and Feb. 7, Carabuena promised to attend the arraignment set last March 7. However, his arraignment was postponed yet again after he filed a motion to dismiss the charge against him.

Dilinila-Callanta scheduled court proceedings this week. In case the court junks his motion, Carabuena may finally be arraigned for the direct assault charge.

The case stemmed from an incident, captured on video by a TV5 crew, involving Carabuena and MMDA traffic constable Saturnino Fabros in Quezon City on Aug. 11, 2012.

The video – which has since gone viral on the Internet – showed the motorist berating and physically assaulting Fabros, who reportedly accosted him for a traffic violation.

Carabuena issued an apology in front of MMDA Chairman Francis Tolentino weeks after the incident. Despite this, the charge filed against him before the prosecutor’s office was not withdrawn. 

The Land Transportation Office refused to revoke Carabuena’s license but recommended that he be charged with disregarding a traffic officer, which carries a fine ranging from P300 to P1,000. 

Bid to dismiss case

In his motion, Carabuena said the direct assault upon an agent of a person in authority charge could not be filed against him as the document did not identify Fabros as an agent of authority.

The MMDA legal department, which represents Fabros, said the motion was just a move to delay the proceedings. 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.

Fabros was “manning the flow of traffic and was engaged in the performance of his duties,” they said.

‘Accidental’

In a  judicial affidavit submitted to the court, Carabuena said what he did was remove the enforcer’s hat to see his face as he felt “harassed, insulted and disrespected” by Fabros’ actions.

“If in the process of removing his hat, I accidentally hit his face, this was only caused and provoked by no other than Fabros himself,” Carabuena said.

He said he felt frustrated and provoked as the traffic enforcer hit his car and was cursing at him.

According to Carabuena, he was at the intersection of Capitol Hills Drive and Tandang Sora Avenue and was about to turn left towards Katipunan Avenue when Fabros signalled him to go straight. Following the enforcer, he said he was not able to cross the intersection due to the heavy volume of traffic.

He said Fabros left his post and approached his car while he was stuck at the intersection then hit his car and cursed at him.