What is frustrated homicide

CEBU, Philippines - Aside from frustrated homicide, Cebu City Councilor Gerardo Carillo may face serious physical injury case over a mauling incident in which he was allegedly involved.

Cebu City Police Office director Mariano Natu-el, Jr. said should the victim’s parents file charges, Carillo will be charged with serious physical injuries in relation to Republic Act 7610 or the law on child abuse.

Carillo was accused of hitting a 16-year-old boy with a rock during a commotion near a bar along Pelaez Street in Barangay Kamagayan past 3 a.m. Sunday.

Natu-el said the victim could also file a frustrated homicide charge against the city councilor but it’s up to the court if such case will prosper.

But he said the case will most likely prosper if Carillo had the intention to kill the victim.

“Lisod man i-establish that there was intent to kill. There was no intention to kill kay public place man ‘to unya daghan sad tawo atong higayona,” Natu-el explained.

To make the case stronger, Natu-el said the parents of the victim need to present medical certificate, an affidavit pointing Carillo as the suspect signed by the victim, a birth certificate to attest his minority and an affidavit of the three witnesses.

“Kung makasulti na, kuhaan og testimony ang victim sa hospital kon mosugot ang doctor. Ang testimony sa bata makapahugot sa case,” he said.

He also said once a settlement is reached between Carillo and the family of the victim, no complaint will be filed.

Given Carillo position as a councilor, Natu-el brushed aside any speculations of special treatment.

“We will treat Carillo as a normal suspect,” he said


Stable condition

After a surgical operation on the head, the victim is now in stable condition but is still being closely monitored by doctors at the Vicente Sotto Memorial Medical Center.

His brother, PO1 Kenneth Pogoy, said he is now able to talk.

“Nakastorya na siya unya naka-lihoklihok na pero sakit pa daw iyang ulo,” said PO1 Pogoy.

The policeman said their parents are still to decide whether to pursue charges against Carillo.

But PO1 Pogoy said he wants justice for his brother even if the suspect is a public figure.


Seeking NBI’s help

Carillo, for his part, said he would ask the National Bureau of  Investigation (NBI) to handle in the investigation of the case.

“We will be asking for NBI to head the investigation especially since this boy is related to police officers,” Carillo told reporters after yesterday’s session of the City Council.

The councilor insisted he did not join what was initially a fight involving  two groups of young men, saying he merely wanted to pacify them.

“No, I did not hit anyone. I did not have involvement in the incident. I do not know why they are tagging me as the culprit,” Carillo said.

He denied allegations that he was drunk and said that he only met with Duljo Fatima barangay captain Elmer Albella near the area.

He also denied reports that he owns the Krueks Bar where the incident reportedly occurred.

Records at the City Treasurer’s Office showed that the establishment, whose address is at Pelaez Street, secured a business permit under the name of a certain Richard C. Aznar.

Talisay City Councilor Richard Aznar told The FREEMAN that they used to own the bar but they sold it in 2012.

“My father used to own Krueks. But he has already sold the place last year. I called my father when I learned about the news. He said the place was supposed to have a new name under the new owner. I forgot the first name but it was a businesswoman whose last name is Flores who bought it from my father. She is affiliated with Nutbox company,” Aznar said.

He said he and his father are both named Richard.

“My full name is Richard Francis Fuentes Aznar. My father’s name is Richard Christopher Jones Aznar. He said he will have the records checked because the names are supposed to be changed after being sold,” the Talisay City councilor added.

Aznar said that he and Carillo are not friends, adding that they never personally meet.


No jurisdiction

Deputy Ombudsman for the Visayas Pelagio Apostol said since the incident is not related to Carillo’s office, they cannot act on the administrative matter unless there is already conviction for a criminal case.

“Though our office has the primary jurisdiction over public officials but a memorandum of agreement was entered into by the Department of Justice (DOJ) and the Office of the Ombudsman that non-graft cases will be filed before the DOJ,” Apostol said.

He said if the family of the victim would file complaint against Carillo, it should be with the DOJ.

“If that is the case (hitting the minor’s head with a rock outside a restobar)…I see it more personal and not related to office. Going to restobar is not prohibited but casino and other gambling site are prohibited,” he said.  —  Niña G. Sumacot, Jessa J. Agua, Mylen P. Manto and Russell Mae Ego-ogan