Arraignment of gun-poking dad in Colegio San Agustin set

MANILA, Philippines - The father of a student at the Colegio San Agustin (CSA), who allegedly pointed a pistol at the head of his son's schoolmate last August, will be arraigned for a charge of grave threat before the Makati City Metropolitan Trial Court Branch 65 on June 17.

Dominic Balane, lawyer forthe victim, 18-yar old Jesus Manuel Garcia, said that the earlier complaints of attempted murder, slander and slander by deed filed against accused Allan Bantiles before the Makati City Prosecutor’s Office were dismissed  and was reduced to a complaint of grave threat.

Bantiles, a construction contractor and a resident of 44 Stockholm St., Villareal Classica Village, Quezon City, earlier had his licenses for a Glock 9 mm pistol and a caliber .45 pistol revoked by the Philippine National Police in the wake of the alleged gun poking incident last August 30 at the CSA faculty room.

Garcia had accused Bantiles of slapping him in the face and pointing a caliber .45 pistol at his head.

Last October, Garcia's lawyers asked the Makati City Prosecutor’s Office to dismiss the accused’s motion to have the complaints of attempted murder, slander and slander by deed filed against him dismissed.

In their five-page opposition, lawyers Alan Tan and Balane, said the verified motion to dismiss or suspend preliminary investigation filed last October 23 by accused Allan Bantiles must be dismissed on the ground that it is a “dilatory maneuver which cannot be sanctioned under existing law.”

In his motion, Bantiles asked the Makati City Prosecutor’s Office to dismiss the complaint filed against him on the ground that Garcia had allegedly committed perjury.

Bantiles said Garcia stated in his complaint-affidavit that prior to the alleged gun-poking incident, he flicked a classmate’s shoulder with a ballpen.

Bantilles said that in several media interviews Garcia admitted having stabbed one classmate and punched another. He said this is the reason why Garcia’s classmate who is a minor and who was reportedly stabbed by him with a ballpen had also filed a complaint for child abuse against him (Garcia) before the Makati City Prosecutor’s Office.

“Clearly, complainant had perjured himself in an effort to convince this Honorable Office that herein respondent has to be prosecuted,” said Bantilles.

“Hence, since a Preliminary Investigation should not and ought not to proceed based on a perjured Complaint-Affidavit, this matter should be dismissed or at least suspended until after the complaint for Child Abuse against herein complainant is resolved,” Bantilles added.

But according to Garcia’s lawyers, the incident being mentioned by Bantiles was never in question and that the use of the words “flick” and “stab” is just a matter of semantics and was not a denial of the incident between Garcia and his classmate.

“Respondent’s claim that complainant (Garcia) perjured himself loses traction as there is no false declaration whatsoever of the complainant relative to the material matter aforementioned,” said Garcia’s lawyers.

According to Garcia’s lawyers, their client never denied having hit a classmate with a pen, which they said was just their client’s reaction to his classmate’s “sustained acts of harassment.”

Balane said that even as Bantilles will be arraigned for the complaint of grave threat, they have filed motion for reconsideration for the three dismissed complaints.