The Office of the Ombudsman-Visayas has indicted six people for less serious physical injuries for attacking Sun.Star Cebu chief photographer Alex Badayos while covering the retrieval and transfer of ballot boxes from Bogo City to Cebu City in 2007.
Graft Investigator Amy Rose Soler-Rellin found probable cause to charge Ramil Ochea Pelayo, Bobot Son and Marwen Camay, all members of the Bogo Traffic Management Office, with violation of Article 265 of the Revised Penal Code.
Also named respondents were Jikjik Monterola, a job-order worker at the Bogo City Hall; Demosthenes Bacasmas Jr., member of the Civil Security Unit; and private respondent Harry Ybanez.
"The respondents acted in a conspiracy in inflicting bodily harm upon complainant (Badayos)," Rellin said in her 18-page resolution.
Four of the six respondents earlier denied the crime, arguing they were somewhere else when the mauling of Badayos took place.
"Between the positive identification of respondents by complainant and respondents' denial, greater weight must be given to the former," Rellin said.
"What is more, both denial and alibi are considered as the weakest defenses not only due to their inherent weakness and unreliability, but also because they are easy to fabricate," the graft investigator said.
Last July 9, 2007, Badayos and Sun.Star Cebu reporter Mia Abellana went to Bogo City to pursue a story on the retrieval and transfer of ballot boxes from there to Cebu City to finish the canvassing of votes for the hotly contested Cebu's fourth-district congressional seat.
When he arrived at the Bogo City Hall, Badayos began taking photos of supporters of Mayor Celestino Martinez Jr. converging in front of the City Hall.
Later, barangay official Briccio Pilapil assaulted Cebu City elections officer Michael Sarno and snatched the ballot box from the poll officer, Badayos said.
Badayos said he fought his way through the crowd to assist Sarno by taking pictures of Pilapil, who was at that time carrying the ballot box.
Badayos said he saw Pilapil pass the ballot box to Monterola, who gave it to Alvarez. He said Alvarez brought the ballot box to the office of Martinez.
Badayos said he and fellow photographer Tonee Despojo tried to climb the stairs to the mayor's office but Bogo City's traffic group members stopped them.
Badayos said he heard somebody shout "puahanon na." Bacasmas then punched Badayos in the head. Other supporters of the mayor and the traffic group also joined in kicking and punching Badayos.
His camera and laptop computer were taken from him.
His attackers dragged him in front of the City Hall while they continued mauling and punching him. The next thing Badayos knew, he was being assisted by policemen who brought him to the Comelec office.
A medical examination showed Badayos suffered multiple physical injuries, including chest abrasions and bruises. The doctor advised him to seek medical treatment for 10 days.
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