Homicide case vs Sabangan bocap dismissed

SABANGAN, Mountain Province – A complaint against punong barangay MelchorBao-idang, jr. for reckless imprudence resulting to homicide was dismissed by the Provincial Prosecutor’s Office in the capital town of Bontoc.

Lydia Manid-ing, a day care worker, earlier filed criminal complaint against Bao-idang on Nov.  24, 2015 for the death of her son, YckirJunliManid-ing, on August 21, 2015 at SitioTala, Namatec at the height of Typhoon “Ineng”.

In her complaint she alleged that Bao-idang was responsible for her son’s death because his project that was awarded by the power firm HEDCOR to him for stonewalling/slope protection project along the road above her house was delayed and neglected by said respondent.

She alleged the respondent had the authority being the punong barangay to initiate the immediate preparation of the risky slope until it eroded due to heavy rains brought about by Typhoon “Ineng” that resulted to the death of her son.  

The investigating prosecutor however was not convinced to the proof presented to indict the respondent for the alleged crime.  

The prosecutor gave credence to the answer of the respondent in their resolution issued on Dec.  29, 2015 that Mani-ing’s child died due to a landslide that hit the house of the complainant at the height of Typhoon Ineng at around 4 a.m. of August 21, 2015.

The mud and stones came from the Tabbac road just above the house of complainant and that of respondent which are adjacent to each other.

The heavy downpour of rain and its accompanying strong winds caused the slope below the day-care center to collapse, blocking the drainage and portions of the road, and with boulders, stones, soil and mud carried from the road on the upper elevation, the water changed course and hit the house of the complainant.

Stones and mud likewise hit the outside toilet of respondent’s house severing attachment with the house and moved it a meter away.

 The prosecutor said they are not impermeable to the complainant’s theory that had respondent constructed programmed-polylith  at the roadside soil erosion occurred or had not stockpiled stones thereat, this portion would not have been eroded, but this particular soil erosion was not proximate legal cause of questioned death, rather, Typhoon ineng was it.

Proximate legal cause is defined as “acting first and producing the injury, either immediately or by setting other events in motion, all constituting a natural and continuous chain of events, each having close causal connection with its immediate predecessor, the final event in chain immediately affecting the injury as a natural and probable result of cause which first acted, under such circumstances that the person responsible for the first event should, as an ordinary prudent and intelligent person, have reasonable ground to expect at the moment of his act or default that an injury to some person might probably result therefrom.”

The prosecutor, in dismissing the case, said not entrenched were reckless imprudence’s elements, rendering thus unfulfilled both substantive and procedural requirements.

These elements are 1.) The offender does or fails to do an act; 2.) The doing of or the failure to do that act is voluntary; 3.) It be without malice; 4.) Material damage results;  5.) There is inexcusable lack of precaution on the part of offender, taking into consideration: a. his employment or occupation; b. degree of intelligence, physical condition; and c. other circumstances regarding persons, time and place. In this instance, only third and fourth elements are present. Victim’s death resulted from accident not intentional.

When asked about his reaction to the outcome of the case and if he will be filing a counter-charge against the complainant, he said that he was contemplating to file a case against Manid-ing.

However he is thinking otherwise because his relatives and in-laws are advising him to put it as just one bad experience being a barangay official.

Manid-ing is in grief for losing her son and I won’t be adding more to it. “What really pisses me off on this case is that all the while that I was busy researching on how to help the complainant file a claim against HEDCOR or the Sta Clara international Corp. because it is their project and have introduced widening on the road in order that their heavy equipment can pass , I did not know that I was the one being pointed upon as the culprit instead and I heard that there are people close to HEDCOR and HEDCOR personnel who are giving assistance to Manid-ing to file the case against me”. Bao-idang said.

When asked about the result of his research, he said, “Ms. Manid-ing can claim over a million plus other benefits because her house was wiped out and even lost her son,  HEDCOR cannot resist because it would be the whole community against the company.”