City prosecutor dismisses complaint vs fish vendor officer
THE Office of the City Prosecutor in Dagupan City dismissed the complaint for Direct Assault Upon an Agent of Person In Authority filed by a member of the Market Marshal against Marietta Barrientos, president of the Small-scale Fish Consignment and Retailers at Riverside Association, for insufficiency of evidence.
The three-page resolution dated February 9, 2022 issued by Associate Prosecutor MC Donald Malicdem and approved by City Prosecutor Ma. Victoria Datuin-Cabrera dismissed the complaint filed by Aldin Escoto, a member of the Market Marshal of the Dagupan City LGU against Barrientos.
The complaint cited an alleged incident on October 5, 2021 at around 11:48 a.m. at Mele’s Fish Market in Baragay 1, Dagupan City when Escoto and companions were implementing the observance of cleanliness along the market under the program, “Oplan Kalinisan”.
In his complaint, Escoto and his team seized the banyeras of fish vendors in whose areas were unsanitary. The confiscation drew the ire of some ambulant vendors.
While the clearing operations were being done, Barrientos arrived and confronted the complainants and protested the team’s actions and attempted to take back the confiscated banyeras.
Escoto tried to pacify Barrientos but the latter instead “suddenly attacked him by striking (him) with her hands while she was then continuously uttering harsh words .
After a prudent and careful evaluation, the investigating public prosecutor was not convinced that direct assault was committed by the respondent.
Assistant City Prosecutor Malicdem said that to be considered direct assault, the laying of hands or the use of physical force against the agent of a person in authority must be serious. In the complaint, it appeared that the alleged laying of hands by the respondent against the complainant was not serious in character in the absence of a medico-legal certificate or any other evidence proving the seriousness of her actions.”
The resolution further stated that no criminal liability may be imputed against the respondent because she was provoked in uttering harsh words, forcibly taking the plastic basins of her fellow fish vendors and in using reasonable force in the furtherance of her right as a fish vendor in the market and at the same time as president of their association. (Leonardo Micua)
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