On November 14, 2013, Borja filed a criminal complaint at the Provincial Prosecutor’s Office of Camarines Sur.
Borja averred in his sworn statement dated June 17, 2013 that Velarde “poked and thrust an iron pipe on him, hit the headrest of his car, and acted to hit him with the said iron pipe and a rock.”
He added, “The fact that [Velarde] was armed shows that he was serious [about] his threat.”
The Provincial Prosecutor’s Office declared in a Joint Resolution that the complaint did not establish probable cause.
Petition for ReviewBorja filed a Petition for Review on the Joint Resolution on July 1.
He assailed the errors allegedly committed by the Provincial Prosecutor of Camarines Sur in resolving the complaint. He maintained that Velarde only interposed denials, which should not have been given more weight than the detailed narration of the incident.
As a consequence of the Petition for Review, Velarde and the Provincial Prosecutor of Camarines Sur were directed to file a verified comment by the Regional Prosecutor on July 8.
Velarde, in his comment, supported the findings of the Provincial Prosecutor of Camarines Sur and insisted on the absence of probable cause against him.
Partially impressed with merit
After a calibrated examination of the evidence, the Regional Prosecutor said the complainant-appellant's contention is partially impressed with merit.
“WHEREFORE, premises considered, the Petition for Review is hereby partially given due course, finding probable cause to indict respondent-appellee Rosito Velarde for Grave Threats under Article 282, par. 2 of the Revised Penal Code. The findings of the Provincial Prosecution Office of Camarines Sur is hereby partially REVERSED. The said office is hereby directed to file Information for Grave Threats under Article 282, par. 2 of the Revised Penal Code against respondent-appellee Rosito Velarde,” the order said.
The Regional Prosecutor stated further that the complaints against Ruel Velarde, Rolly Velarde, Ely Arandia, Edwardo Brugada, Angel Ababan and Melchor Abrasado for Grave Threats were not supported by sufficient evidence to establish probable cause.
This order was signed by Atty. Mary May B. de Leoz, Regional Prosecutor, last August 15 in this city.—BICOLSTANDARD.COM BICOL NEWS
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