Prosecutors junk assault, disobedience raps vs Sara

MANILA, Philippines — The Quezon City Prosecutor’s Office has dismissed the criminal cases filed by the Philippine National Police (PNP) against Vice President Sara Duterte and the chief of her security detail over an incident at the Veterans Memorial Medical Center (VMCC) last year.

In a 13-page resolution signed by assistant prosecutor Criscelyn Carayugan-Lugo, the Quezon City Prosecutor’s Office cited the failure of the Quezon City Police District (QCPD) and the Criminal Investigation and Detection Group (CIDG) to provide “prima facie evidence” to convict Duterte.

“The complaint for violation of Article 148 (direct assault), Article 151 (disobedience to authority) and Article 286 (grave coercion), all of the Revised Penal Code, against respondents Vice President Sara Zimmerman Duterte-Carpio and Col. Raymundo Dante Petina Lachica, is recommended to be dismissed for failure to sustain a finding of prima facie evidence with reasonable certainty of conviction,” the ruling read.

The resolution was approved by prosecutor Vimar Barcellano.

The complainant was Lt. Col. Van Jason Villamor of the QCPD’s district medical and dental unit, whom Lachica shoved during a commotion at the VMMC on Nov. 23, 2024, when Duterte’s chief of staff Zuleika Lopez was about to be transferred to St. Luke’s Medical Center.

“The alleged commission of direct assault, disobedience to authority and grave abuse is not supported by evidence. Interestingly, not one of the witnesses of PLtCol Villamor corroborated his claims regarding the purported attack, employment of physical force, intimidation, resistance, disobedience, violence and threats,” the resolution added.

According to the QC Prosecutors’ Office, the police failed to narrate the encounter between the parties in their respective affidavits.

“They also did not discuss the behavior of PLtCol Villamor after the incident, which could have persuaded us that he was threatened and intimidated, if at all. The video footage submitted by him also negates his own asseverations. Being so, we are constrained to dismiss the complaint for insufficiency of evidence,” the ruling added.

The QC Fiscal’s Office cited Department of Justice Department Circular 15, Series of 2024, increased the quantum of evidence for preliminary investigation cases from probable cause to prima facie evidence with reasonable certainty of conviction.

“Here, such quantum of evidence was not reached because the evidence-at-hand, vis-à-vis the defenses raised, are insufficient to establish all the elements of the crimes charged, and to warrant a conviction beyond reasonable doubt,” the resolution added. — Emmanuel Tupas