Thursday, July 11, 2013
CEBU City Councilor Gerardo Carillo denied hitting a minor in the head with a rock.
He said he was merely trying to pacify a brawl that involved Joseph Niño Pugoy, 16, around 4 a.m. last Sunday.
Pugoy regained consciousness yesterday after undergoing surgery last Monday, revealed his brother PO1 Kenneth Pugoy.
Joseph Niño, however, is still in the neurological section of the intensive care unit (ICU) of the Vicente Sotto Memorial Medical Center.
Carillo had been avoiding the media after he was accused of hitting the younger Pugoy with a rock. His lawyer, Noel Archival, was the one who faced reporters when the story broke out last Tuesday.
No alcohol
But yesterday, Carillo could not evade reporters who approached him after the City Council’s regular session.
Carillo said he was at the Kuerks Restobar on Pelaez St. talking with Duljo Fatima Barangay Captain Elmer Abella. Carillo claimed he was not drinking anything that contained alcohol.
Carillo wants the National Bureau of Investigation (NBI) to head the investigation on the incident because Joseph Niño’s brother, Kenneth, is assigned at the Cebu City Police Office.
He said he will wait for a formal complaint from the Pugoys.
PO1 Pugoy said they have not yet asked his younger brother about the incident.
Evidence
The policeman said they will file a case against Councilor Carillo if they have enough evidence.
“Dili ko mahadlok kung public figure ba ka o politiko kay gusto ko og hustisya sa akong manghod. Pero sabutan lang sa namo na sa among pamilya (I am not afraid of politicians because I want justice for my brother. But this still has to be discussed by our family),” Kenneth said.
Joseph Niño and Kenneth’s father is also a policeman. SPO1 Samuel Pugoy is assigned in Lapu-Lapu City.
Carillo said there were no minors drinking at the bar and the brawl that involved Joseph Niño occurred outside Kuerks.
He said the minor and his friends were outside the restobar waiting for another group that was drinking inside Kuerks.
Pacify
When the brawl occurred, Carillo said he and Abella went out to pacify those involved.
Abella told radio dyLA that Carillo could not have hurt the minor.
He said he had a drinking session with Carillo around 1 a.m. Sunday at Kuerks but he left the restobar earlier. He said he was surprised on hearing that Carillo was accused of hitting a minor with a rock.
The Homicide Section of the Cebu City Police Office (CCPO) said the Pugoys can file a case of serious physical injuries in relation to child abuse against Carillo.
“We still have to check the medical certificate of the victim. If they are willing to file a case, they must execute an affidavit,” said SPO1 Jay Aballe of the Homicide Section.
Settlement
CCPO Director Mariano Natuel Jr. said the decision to file a case or not is up to the complainant.
“If they are open to settlement, then the victim will have to execute an affidavit of desistance. For now, investigators will have to wait,” Natuel added.
A rock with bloodstains was recovered by the police at the scene earlier.
Deputy Ombudsman for the Visayas Pelagio Apostol, on the other hand, said they do not have jurisdiction over the case involving Carillo because the incident happened beyond the councilor’s duty.
He said the ombudsman can only conduct an inquiry on a public officer when the latter committed unlawful acts related to his work.
Liability
He said the anti-graft office can conduct an investigation after an official is convicted of a criminal case, to see if he or she has an administrative liability.
Carillo also denied he owned Kuerks Restobar.
The business permit of Kuerks was issued to Richard Aznar, a councilor in Talisay City.
Aznar, in a separate interview, said his family no longer owns Kuerks Restobar.
He said his father, Richard Christopher, and some Manila-based partners opened the bar but they sold it last year to Marie Jane Flores.
But he said the new owner still pays rent to the Aznars, who own the lot that the bar occupies.
Revoke
Cebu City Mayor Michael Rama wants the bar’s business permit revoked if it is proven that it serves alcoholic drinks to minors.
Councilor Margarita Osmeña said the Cebu City Anti-Indecency Board should check and implement the ordinance requiring bars to put up signs warning minors from entering their establishments.
Rama said he plans to revive the inspection on bars and restaurants to ensure that these establishments are complying with the ordinance.
Cebu City councilor denies hitting teener with rock | Sun.Star
‘I didn’t hit minor with rock’
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