Man sued for resisting arrest

A MAN is facing charges before the court after he resisted arrest and insulted a policeman at corner Cervantes and Generoso streets, Barrio Obrero in Davao City on November 15, Wednesday.

Charged with two counts Resistance and Disobedience to a Person in Authority, and Grave Threats under the Revised Penal Code, is Eric Sambalod Nasser, a resident of the same place.

Nasser was also charged with violation of the City Ordinance 00413 or The Liquor Ban, but Prosecutor Maria Estrella Dulla-Valles has recommended to dismiss the complaint due to insufficient evidence.

In a two-page resolution dated November 23, Dulla-Valles only found probable cause to charge the accused with the first two complaints filed by PO1 Gilbert A. Tanamal, of the Sta. Ana Police Station.

Tanamal, in his affidavit, attested that he, together with a volunteer police auxiliary, was designated to conduct patrol in Barrio Obrero following the implementation of liquor ban and curfew for minors.

He said he saw Nasser with another man drinking in front of a store at corner Cervantes and Generoso streets, prompting him to get down from the mobile and introduce himself as police officer.

The complainant with the police auxiliary asked

the two men to already stop from drinking as it is already past 2 a.m. But the accused defied Tanamal and refused to heed the latter’s demand.

Nasser reportedly intimidated and uttered invective words toward the policemen as he tried to place a bottle of beer under the table. The accused insisted that they have no more beer left.

Tanamal verified the bottle under the table through his foot and discovered that it was partially consumed, thus, he warned Nasser. The latter continued with his rude attitude and insulted the police.

The complainant then accosted the accused and held him, but the latter resisted and became uncontrollable. He was only restrained when Tanamal used reasonable force to subdue and arrest the accused.

The accused was brought to Sta. Ana Police Station for recording and proper disposition. But the accused continued being rude and refused to give his name. He threatened Tanamal in front of others.

Nasser was submitted to liquor test wherein he tested positive based on a medical certificate. But during the inquest proceeding, Tanamal failed to retrieve the alcoholic drink following Nasser’s action.

The accused is currently detained at the Sta. Ana Police Station. ICT