UPDATE FEB 4 2019 (MON), San Pablo City, Laguna:
ONE GIANT LEAP TO VICTORY TOWARDS JUSTICE for BROWN, a “LANDMARK CASE” for the ANIMAL WELFARE ADVOCACY!
On JANUARY 30, 2019, after 166 days (5 months & 13 days) from the alleged cold-blooded shooting of an aspin dog named BROWN, Assistant City Prosecutor JOHN-JOHN A. CABRAL (Investigating Prosecutor), approved by City Prosecutor DOMINADOR A. LEYROS, the JOINT RESOLUTION was issued recommending that an INFORMATION for VIOLATION of SECTION 6 of RA 8485, the ANIMAL WELFARE ACT of 1998, as amended by RA 10631, be FILED against a POLICE SENIOR INSPECTOR in the province of LAGUNA, with recommendation for issuance of WARRANT OF ARREST.
On FEBRUARY 4, 2018, accused filed a MOTION TO POST BAIL Pending Raffle and it was granted by Presiding Judge ANTONIO O. DEL VAL. RECOMMENDED BAIL for the PROVISIONAL LIBERTY of the accused was hereby fixed in the amount of EIGHTEEN THOUSAND PESOS (P18,000) which was paid in cash on the same day.
The 18-page formal complaint was filed directly with the CITY PROSECUTOR’S OFFICE of San Pablo, Laguna, with the assistance of NORMAN C. MARQUEZ, Senior Animal Welfare Advocate of Baguio Animal Welfare (BAW) Cordillera to the Rest of the Philippines (BAW CoRe PH), on AUGUST 24, 2018, ONLY 6 DAYS after the gruesome incident.
On OCTOBER 4, after 47 days (1.5 months) of preliminary investigation (exchanges of affidavits), the case was submitted for resolution by the investigating prosecutor. Since the RESPONDENT (accused) complicated the case with COUNTER-CHARGES, it took the prosecutor unusually long (119 days, or 4 months, instead of 1 month only) to come out with a Resolution.
In a desperate bid to thwart the complaint, the RESPONDENT filed COUNTER-CHARGES to all the participants (complainant and witnesses) including a family member and 2 advocates who are sympathetic with the complainant. However, they were all effectively countered and were all DISMISSED for LACK of PROBABLE CAUSE or LACK of MERIT.
DISMISSED for LACK of PROBABLE CAUSE:
1. PERJURY vs. complainant LAMBERTO A. TY
2. UNJUST VEXATION vs. complainant LAMBERTO A. TY
3. PERJURY vs. witness RALPH A. ENOBIO
4. PERJURY vs. witness MARLON A. TY
5. PERJURY vs. witness MARWIN T. TAYAG
6. PERJURY vs. witness LORNA A. TY
7. PERJURY as an accomplice vs. niece RIEZZA A. TY
8. OBSTRUCTION OF JUSTICE as accomplice vs. niece RIEZZA A. TY
9. PERJURY as an accomplice vs. advocate NORMAN C. MARQUEZ
10. OBSTRUCTION OF JUSTICE vs. advocate NORMAN C. MARQUEZ
11. CYBER-LIBEL vs. advocate NORMAN C. MARQUEZ
12. PERJURY as an accomplice vs. advocate MARIBETH ALAGON
DISMISSED for LACK of MERIT:
1. NEGLIGENCE vs. complainant LAMBERTO A. TY: DISMISSED for LACK OF MERIT.
2. CYBER-LIBEL as an accomplice vs. niece RIEZZA A. TY
3. CYBER-BULLYING vs. advocate NORMAN C. MARQUEZ
4. CYBER-BULLYING vs. advocate MARIBETH ALAGON
5. OBSTRUCTION OF JUSTICE as an accomplice vs. advocate MARIBETH ALAGON
6. PERJURY vs. witness 11-year-old minor
DISMISSED for INSUFFICIENT EVIDENCE:
1. CYBER-LIBEL vs. advocate MARIBETH ALAGON
WE ARE NOW AWAITING the schedule of ARRAIGNMENT (reading of charges) AND PRE-TRIAL (admission of evidences and setting of calendar of hearings) to be announced soon.
THIS CASE SHOULD SERVE AS AN EXAMPLE TO EVERYONE THAT EVEN A DOG OWNER (PART-TIME PAINTER) WITH POOR EDUCATION & ECONOMIC STANDING COULD RIGHTFULLY SEEK JUSTICE FOR HIS ABUSED PET . . . TO RESTORE OUR HOPE & FAITH IN THE JUSTICE SYSTEM.
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UPDATE OCT 4 2018 (THU), San Pablo City, Laguna:
The parties held their 3rd Preliminary Investigation Meeting at the office of Investigating Prosecutor JOHN-JOHN A. CABRAL, wherein RESPONDENT submitted his REJOINDER-AFFIDAVIT.
Investigating prosecutor shall then prepare the RESOLUTION and INFORMATION should he find probable cause to hold the respondent for trial for the crime of violation of the Animal Welfare Act of 1998, for, having with felonious intent, deliberate malice, premeditation and stealth, cold-heartedly shot a defenseless and unsuspecting dog, named BROWN, at around 11:15 p.m. in the evening of August 18, 2018, causing instant death thereto.
UPDATE SEP 27 2018 (THU), San Pablo City, Laguna:
The parties held their 2nd Preliminary Investigation Meeting at the office of Investigating Prosecutor JOHN-JOHN A. CABRAL, wherein COMPLAINANT submitted his REPLY AFFIDAVIT and presented 2 more witnesses. Next schedule of meeting will be on October 4 for the final submission of REJOINDER-AFFIDAVIT by RESPONDENT.
UPDATE SEP 13 2018 (THU), San Pablo City, Laguna:
The parties were called for 1st Preliminary Investigation Meeting at the office of Investigating Prosecutor JOHN-JOHN A. CABRAL, wherein Respondent submitted his GANTING SINUMPAANG SALAYSAY (Counter Affidavit in Pilipino).
AUGUST 24 2018 (Friday), San Pablo City, Laguna.
FORMAL COMPLAINT was filed with the City Prosecutor's Office against the San Pablo City Police Station POLICE INSPECTOR for Violation of RA 8485 or "The Animal Welfare Act of 1998" as amended by RA 10631, in the cold-blooded shooting of a 5-year-old male aspin dog named BROWN on the 18th of August 2018 at around 11:15 pm.
READ STORY HERE:
https://web.facebook.com/media/set/edit/a.1782750748504080
VIEW ABSCBN VIDEO: https://web.facebook.com/tvpatrol.abscbn/videos/469240453577883
VIEW CCTV FOOTAGE: https://web.facebook.com/100010895767214/videos/pcb.657396901300163/657396494633537
According to the Affidavit of Complaint, owner narrates:
"THAT on the 18th of August, 2018, at around 11:45 pm, I came home and discovered that one of the three dogs, BROWN, was missing, his leash must have slackened and he escaped with the chain still attached to him. The other two dogs, however, were still there, one was tied by leash on the leg of the bed, while the other one, which have not been feeling well lately, was sleeping untied on the floor;
"THAT I came out of the house to try to look for BROWN and discovered that he was lying on the ground by the roadside, leash chain attached to his neck, lifeless and lying on his blood from the wound at the back of his head. The sight broke me into tears and wondering who could have ruthlessly killed a member of my family which have been my companion for 5 years. Photos of the lifeless BROWN are hereto attached as Exhibits “C-1” and “C-2”;"
The barangay CCTV footage of the incident attested to the following:
THAT on August 18 at 11:34PM (Camia Street CCTV system time), a male adult in civilian clothes, who turned out to be the RESPONDENT, was seen approaching while carrying a bag. He was accompanied by a female adult, who turned out to be his live-in partner carrying a baby, and a female teen.
At that point, a dog, which turned out to be my dog, BROWN, was viewed looking the oncoming group with tail wagging.
Before reaching a parked black car, facing the direction of the camera, which turned out to be his vehicle, RESPONDENT turned on the flashlight of his mobile phone 11:35:13PM and directed the beam to the car.
At 11:35:19PM, the female companion disappeared towards the direction of the pathway. Meanwhile, BROWN has moved casually, but not in straight path, halfway closer to the location of the RESPONDENT, the dog now unmindful of the human as if sniffing into the ground.
At 11:35:20PM, RESPONDENT handed the bag to the teen companion and continued to inspect the car until he touched the side mirror at 11:35:30PM. At this point, the teen companion has already disappeared in to the pathway.
At 11:35:34PM, RESPONDENT appeared to have noticed BROWN who was walking towards the direction of the rear of the car, still unmindful of the human. Meanwhile, RESPONDENT turned to his right to face the direction of the dog and stopped at 11:35:40PM, while the dog was already hidden by the car.
At 11:35:42PM, RESPONDENT started pulling out his gun and abruptly fired the gun at 11:35:47PM. From the angle of the shooting arm, the location of the target at the time of shooting was around 1.5 meters away from the shooter.
Then as if on continuous motion, RESPONDENT casually walked towards the direction of the pathway, past the location of the target, and disappeared at 11:35:54PM
Four other witnesses have attested in their Affidavits of Witness the actual commission of the crime, actions and statements of the suspect before and after the crime, and his natural hatred for dogs.
LEGAL BASIS of the Complaint :
Section 6 of Republic Act No. 8485 is hereby amended to read as follows:
SECTION 6. It shall be unlawful for any person to torture any animal, to neglect to provide adequate care, sustenance of shelter, or maltreat any animal or to subject any dog or horse to dogfights or horsefights, KILL or cause or procure to be tortured or deprived of adequate care, sustenance or shelter, or maltreat or use the same in research or experiments not expressly authorized by the Committee on Animal Welfare. [emphasis supplied].”
THAT Section 6 of Republic Act No. 8485 as amended by Republic Act 10631 is punishable, upon conviction by final judgment, as follows:
“Section 8 of Republic Act No. 8485 which shall now become Section 9 is hereby amended to read as follows:
“SECTION 9. Any person who subjects any animal to cruelty, maltreatment or neglect shall, upon conviction by final judgment, be punished by imprisonment and/or fine, as indicated in the following graduated scale:
x x x
“(1) Imprisonment of ONE (1) YEAR and SIX (6) MONTHS and ONE (1) DAY to TWO (2) YEARS and/or a FINE not exceeding ONE HUNDRED THOUSAND PESOS (P100,000) if the animal subjected to cruelty, maltreatment or neglect DIES;” [emphasis supplied]
x x x
“HOWEVER, regardless of the resulting condition to the animal/s, the PENALTY of TWO (2) YEARS and ONE (1) DAY to THREE (3) YEARS and/or a FINE not exceeding TWO HUNDRED FIFTY THOUSAND PESOS (P250,000) shall be imposed if the offense is committed by any of the following: (1) a syndicate; (2) an offender who makes business out of cruelty to an animal; (3) a public officer or employee; or (4) where at least three (3) animals are involved.”
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