Republic of the Philippines
Quezon City Regional Trial Court
Quezon City Hall, Quezon City
June 15, 2004 Tuesday
Facts of the case: On the early morning of June 11,2004 Friday at about 1:00 A.M., GEORGE PALAGANAS Y CAINGLET, a licensed electrical engineer, single, 35 years old and presently residing at #846 Aurora Boulevard Corner C. Benitez St. Barangay Kaunlaran, Cubao, Quezon City, and presently working as a cashier/spotter at MZ Billiard Amusement 9, was walking along 10th Avenue at the back of SM Shoemart Cubao after dropping by earlier at BATO Music Bar and Billiards, where according to him, one of the female singers’ great punchline for the night was “Why will they include him? Ang kaso ng mga ‘yan, thievery.”. After passing over a parked police car and two officers in uniform, apparently having early breakfast at BUY 1 TAKE 1 Hamburger 19.50 opposite BATO Music Bar and SAVER’s APARTELLE, he sat on a bench in front of a lighted but already closed SARI-SARI Store, MARC STORE (See attached Exhibit A for Area Sketch and Diagram on the location of the incident) which is at 107- 10th Avenue, Barangay Socorro, Cubao, Quezon City (House Numbers issued in plates has lower numbers or second number and not 107 for the indicated store). It is at this instance that PO3 AGAPITO RANDON Y PASCUAL, residing at 105- 10th Avenue, Barangay Socorro, Cubao, Quezon City, armed with a pistol, approached Palaganas from behind after Palaganas assessed the obscure Randon from the dark. Flashing his pistol planted and tucked on the right side of his pants just below his groin, Randon exclaimed, “Anong tinitingin-tingin mo diyan?”. On which Palaganas said, “Anong pinagsasasabi mong titingin tingin?”. Holding an activated cellphone on one hand, Randon said “Huwag kang aalis.” It is at that instant when Palaganas rose-up from the bench and walked away slowly to avoid further confrontation. Randon then pulled the gun from his side and fired the gun upwards. He grab Palaganas on his shirt and started hitting him with his bare hands. Five short-haired and ‘baldie’ boys from the nearby and just-closed joint BATO Music Bar run towards the two after hearing the gunfire. The boys said police officers are in the area, pointing towards the sitting officers, Police Officer RIGODON and partner, at the stone-throw distance and heavily-lighted BUY 1 TAKE 1 Hamburger 19.50 (See exhibit A for diagram). The two, together with the five ‘baldie’ boys, approached the police officers. It was at this point that the two, PALAGANAS and RANDON, were escorted to nearby Cubao Police Station 7 in CAMP PANOPIO at the corner of EDSA corner P.TUAZON Extension. It is there where PALAGANAS tried to file a complaint against RANDON but RANDON charged PALAGANAS of trespassing, after which PALAGANAS was detained. During the INQUEST at 9:30 A.M. of the same day, the FISCAL, City Prosecutor MARIA GRACIA CASACLANG disqualified the trespassing charges of RANDON against PALAGANAS saying the location where he is claiming a trespassing occurred is not an enclosed premises hence does not qualify to constitute a trespassing case. But she had it furtherly investigated on which investigators freed PALAGANAS on June 14, 2004 Monday at about 9:30 A.M. three days after the incident. It is in the lengthy detention period that PALAGANAS felt he was AGGRIEVED after incurring losses from failure to attend to regular work due to the detention. Furthermore, PALAGANAS failed to attend to an important appointment two days after the incident to close a consignment agreement made earlier with a certain NICOLAS CAPISTRANO. It is in this context that PALAGANAS sought legal counsel whether to pursue a case against RANDON or just simply drop it!
Case 2
The charges/complaints on Subpoena I.S. No. 04-2610 were formally DISMISSED on July 23, 2004 by Assistant City Prosecutor Nancy Rivas Palmones and concurred upon by City Prosecutor Aurora Calledo.
