CEBU, Philippines - The Municipal Trial Court in Cities (MTCC) has scheduled the arraignment of the case against the wife of Ronda Vice Mayor Jonah John Ungab next year.
Judge Grace Veloso-Fernandez of Branch 8 set the arraignment for the case of slight physical injuries against Pearl Ungab on February 3, 2016 at 8:30 a.m.
“Considering that the rule provides that the suspension shall not exceed 60 days, and without prejudice to the ruling on the appeal, set the arraignment of the accused on February 3, 2015,” the order read.
Pearl was charged for allegedly hitting lawyer Jiecel Tiu with a baseball bat on February 26, 2015 in Barangay Cogon Ramos, Cebu City. Tiu was allegedly involved in an illicit affair with Vice Mayor Ungab but the former vehemently denied such allegation.
Tiu filed a frustrated murder charge before the Prosecutor’s Office against Pearl but it was downgraded to slight physical injuries. The case was then filed before the court.
Tiu, however, asked for a reinvestigation, questioning the resolution of Assistant City Prosecutor Liceria Rabillas downgrading the original charge for frustrated murder to slight physical injuries. The motion for reinvestigation was granted by Fernandez.
In his reinvestigation report, Prosecutor III Rogelio Del Prado, Jr. agreed with the findings of Rabillas. He noted that the circumstances of the case established that there was no intent to kill but merely to do harm to Tiu.
“…intent to hit her head or kill the complainant is not quite established but the intent to harm the complainant is obvious which resulted in finding probable cause for slight physical injury and to which the undersigned re-investigator agrees to,” the report read.
The court set the arraignment of the case on November 19, 2015. Tiu, however, filed a motion to defer arraignment of the accused which was granted by Fernandez.
“On record is a motion to defer arraignment of accused filed by the prosecution and the public prosecutor manifested in open court, his conformity thereon. The prosecution also showed their Notice of Appeal filed before the Department of Justice with respect to the reinvestigation report submitted by the City Prosecutor’s Office of Cebu City,” the order read, adding pursuant to Section 11(c) of Rule 116 under the Revised Rules on Criminal Procedure, the motion to defer arraignment is granted.
Further, Fernandez ruled no more request for postponements will be entertained. — (FREEMAN)