Robert Blair Carabuena, whose bullying of a traffic constable in August 2011 was caught on video in August last year, has asked a Quezon City court to void an assault charge against him. The court has postponed Carabuena’s arraignment until it decides on his motion.
The Manila Bulletin reports Carabuena wants the Direct Assault Against a Person in Authority charge against him quashed because it was filed improperly. He said the information filed in court “does not allege the facts showing that the alleged victim is an agent of a person in authority or is imbued with functions constituting an agent of a person in authority.”
“The statement that Mr. Fabros is an agent of authority is a mere conclusion of law, not a statement of fact constituting an element of the offense charged,” Carabuena said.
The video, which went viral, was taken by a researcher for TV5 and showed Carabuena haranguing and hitting Saturnino Fabros, a uniformed traffic constable of the Metropolitan Manila Development Association.
Carabuena has apologized for the incident and is out on bail.
