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Tuesday, January 06, 2009

 

Golf course brawls now in trial court

By Francis Earl A. Cueto, Correspondent
 
Charges of slight physical injuries and child abuse were filed Monday by two alleged mauling victims of two sons of Agrarian Reform Secretary Nasser Pangandaman Sr. over brawls last year at a golf club south of Manila.

Lawyer Raymund Fortun filed the case on behalf of his clients, fishpond owner Delfin de la Paz and his 14-year-old son, Bino, before the Regional Trial Court in Antipolo City. Fortun, during an interview, said Nasser Pangandaman Jr. and his brother, Hussein, are facing two counts of slight physical injuries and two counts of child abuse for allegedly beating up the de la Pazes after a quarrel on golf etiquette at Valley Golf and Country Club in Antipolo on December 26, 2008. Pangan­daman Jr. also is the mayor of Masiu town of Lanao del Sur province in Mindanao.

Three of the bodyguards of Pangandaman Jr. also were charged with one count of slight physical injuries. There were reportedly five security aides of the mayor present at the time of the separate incidents.

Fortun said the alleged mauling victims could amend the criminal complaint to include Secretary Pangandaman Sr., if the result of an investigation by the National Bureau of Investigation shows that he was involved in the attacks.

The complaint also accused the Agrarian Reform chief of being one of the attackers, contrary to his initial statements that he had nothing to do with the mauling. The elder Pangandaman denied the allegation.

Fortun said, “He was there as early as the first incident. He said: ‘Ang yabang ninyo, ang tapang ninyo, mag-ingat kayo sa amin [You’re braggarts, you’re brave, watch out for us].’”

“That’s why even Bambee de la Paz [daughter of Delfin] got mad and said: ‘Nakakahiya kayo, ang tanda-tanda na ng tatay ko, wala na siyang ilalaban sa inyo [Shame on you, my father is very old, he can’t do anything against you].” Bambee, identified as Bambi in earlier reports, was with her father and brother during the alleged mauling.

The lawyer added that such statements from both camps showed that the elder Pangandaman “was actually pretty much involved in that fight and had actually supported, through his moral influence, the acts made by his sons.”

Counter-charges filed

Pangandaman’s sons appeared at the Antipolo Prosecutors’ Office, accompanied by their two lawyers, and filed counter-charges against the elder de la Paz and his two children and an unidentified companion a few hours after the alleged victims filed their complaint.

They charged the de la Pazes and the companion with physical injuries, grave and light threats, coercion and child abuse.

The Pangandamans filed the child-abuse charges because the de la Pazes allegedly traumatized Hussein’s eight-year-old son Angelo, who was on the golf course and who witnessed the fight.

They filed the grave-coercion and light-threats charges against de la Paz’s wife, Maribel, and his other son, Bruce.

The unidentified companion was said to have been armed with a baseball bat in an alleged attack on the Pangandamans.

The Pangandamans attached to their complaint affidavits of their three caddies—Renato Legaspi, Ferdie de la Torre and Santos Esprera —who allegedly saw a member of the de la Paz family hitting the mayor with an umbrella.

The three caddies also alleged that the umbrella attack started the brawl.

Administrative charges

Fortun said administrative cases may be filed against the Pangandaman father-and-son as they committed the alleged offense during their terms as public officials.

To allow the investigation to run smoothly, he added, they would be asking for preventive suspension of the Agrarian Reform chief and the Masiu mayor.

At present, Fortun said, Bambee de la Paz is the sole witness to the mauling.

“Hopefully, we can get more witnesses,” he added.

Under Republic Act 7610, Fortun said, stiffer penalties are now imposed on perpetrators of crimes against minors. In the case of 14-year-old Bino de la Paz, he added, the Pangandamans may be imprisoned for a minimum of six years and one day.

Fortun said that Nasser Pangan­daman Jr.’s position as mayor can be considered as an aggravating circumstance, and he may face the maximum penalty of from nine to 12 years of imprisonment.

“Only a penalty of one to six month’s [imprisonment] is faced by the Pangandamans [the brothers] for slight physical injuries against Mr. Delfin de la Paz,” he added.

Claims to moral damages, Fortun said, are separate from the criminal cases filed by the de la Pazes.

Club mulls reprimand

Meanwhile, according to him, Valley Golf and Country Club would be making a decision within the week on possible sanctions to be imposed on the de la Pazes and the Pangandamans.

“I really hope that Valley Golf will see through the statements of the witnesses and will show that [de la Pazes] were not the real aggressors since they were only defending themselves. I would like to believe that they [club officials] will be fair in their decision,” the lawyer said.

The Pangandamans would also be charging the de la Pazes with libel, saying that their accusers’ false accounts of the golf brawl in media interviews damaged their family’s reputation.

Fortun said the prosecutors are likely to dismiss any counter-complaint made by the Pangandamans.

Spare the Secretary

Teodoro Pastrana, one of the lawyers of the Pangandamans, reacted to reports that the de la Paz camp was set to ask the Ombudsman for the preventive suspension of Secretary Pangandaman Sr. to ensure that he would not influence the investigation of the charges.

He told reporters that there was no reason for the Agrarian Reform secretary to resign, go on leave or be suspended because the Panga­n­damans were the aggrieved party in the brawls.

Malacañang deemed it still “early” to suspend the secretary.

“Let’s wait for initial results of the investigation [by the Department of Justice] before we act on it,” deputy spokesman Lorelei Fajardo said also on Monday.

Pastrana insisted that his clients did not start the incidents.

The first fight happened at hole no. 5, where the elder de la Paz allegedly refused to accept an apology from Pangandaman Jr. for the mayor having breached golf rules.

The second brawl happened at the clubhouse, where the elder de la Paz, Bino and Bambee had gone to complain about the alleged mauling by the Pangandamans.
-- James Konstantin Galvez And Angelo S. Samonte

   

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