Video of Dismissal Papers

Republic of the Philippines

Quezon City Regional Trial Court

Quezon City Hall, Quezon City

 

June 30, 2004 Wednesday

 

The respondent, GEORGE PALAGANAS y CAINGLET, moves that he did not violate any of the provisions of ARTICLE 281(See Subpoena I.S. No. 04-2610 as Exhibit B) of the Revised Penal Code since

 

  1. the bench where he was seated in front of MARC Sari-Sari store at 107-10th Avenue, Barangay Socorro, Cubao, Quezon City(see Exhibit A) is directly on a concreted pavement adjacent to the road hence not a closed premises or a fenced estate and that the complainant, AGAPITO RANDON y PASCUAL is neither an owner nor a caretaker of the above-mentioned address directly fronting the location of the incident (See Article 281. Other FORMS of Trespass on Criminal Law Conspectus by Florenz D. Regalado sold at National Bookstore).
  2. There is no entry to dwelling, explicit nor implied, since none can be considered as a closed premises or a fenced estate. The concreted pavement is part of the right-of-way of a public road (10th Avenue).
  3. On the charges of resistance and disobedienceArticle 151, the respondent claims and maintains that he did not resist nor disobey anything or anyone, implied by the fact that the two, PALAGANAS and RANDON, approached officers RIGODON and partner on nearby BUY 1 TAKE 1 Hamburger 19.50(see Exhibit A) without resistance, even if the armed RANDON has no grounds to arrest PALAGANAS since purportedly no evidence of a committed crime is basically eminent and apparent but what RANDON has is only a hunch and insinuation. Interrogation should have been handled at the level of the office of the Barangay Official.
  4. The respondent, PALAGANAS, is furtherly AGGRIEVED after he was hit several times by RANDON using his bare hands while the two are on the middle of the road(10th Avenue), and PALAGANAS did not fight back nor has shown any act to do so. In fact, he had practically and literally, received all the blows. But medico-legal findings later showed no sign of damage to the respondent. Nevertheless, PALAGANAS was detained afterwards instead of having his complaint against RANDON entertained.
  5. No deadly weapon or any effect on that level was found from PALAGANAS. What was found from him was only some amount of cash, more than three hundred pesos(Php 300.00 +), and a bunch of keys(4 keys) which was handed to police officer JAVIER of Station 7 at Camp Panopio for safekeeping, The cash was his sale from bottled water consignments.

 

These statements are the sworn affidavit of the respondent and all in it are constrained as true and correct to his knowledge.

 

 

 

SIGNED:

 

GEORGE C. PALAGANAS

Case 1

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.

Exhibit A