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Egay Uy

REMEMBER the complaint filed by a lawyer against two RTA personnel because the former’s vehicle that was parked on a pedestrian lane at Velez-Chavez streets was clamped?  Well, the complaint filed by the lawyer was recently dismissed by the Office of the City Prosecutor in a Resolution dated Feb. 9, 2016.

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The Resolution in NPS NO. X-06-INV-15C-0655 reads in part: “x x x in unjust vexation, being a felony by dolo, malice is an inherent element of the crime. Good faith is a good defense to a charge for unjust vexation because good faith negates malice.”

“In the present case, although the acts of [RTA personnel] on that fateful night obviously caused annoyance and distress to the complainant, but just the same, they were made in good faith and without malice. What the law and jurisprudence sought to avoid is the taking of the law into one’s own hands which did not happen here.”  x x x

“[The RTA personnel] have in their favor the presumption of regularity in the performance of official duties which the records failed to rebut.  The office believes that while an argument or misunderstanding occurred between parties that night, it cannot be said that [the RTA personnel] acted with malice and intentionally harassed complainant and his wife.” x x x

“WHEREFORE, premises considered, x x x t is respectfully recommended that the criminal complaint for Unjust Vexation against the [RTA personnel] be dismissed.”

The Resolution was penned by Assistant City Prosecutor Llani A. Sacote-Valconcha and approved by City Prosecutor Fidel A. Macauyag.

I will refrain from further discussing undertones of the complaint because all I intend to convey here is that justice still prevails regardless of who the complainants or respondents are.

The RTA personnel who gave me a copy of the resolution were all smiles and their faces exuded relief and serenity as if shouting to high heavens that even with their lowly status in life, justice still sides with the truth.

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