Makati prosecutors dismiss driver's complaint vs. Rhian Ramos, Michelle Dee, others

The Makati City Prosecutor’s Office has dismissed the complaint of Rhian Ramos’ former driver, alias Totoy, against the actress, Michelle Dee, Samantha Panlilio, Chester Ian Galicia, and Felipe Brabante III.

In a 17-page joint resolution obtained by “Fast Talk with Boy Abunda” dated September 1, the Makati Office of the City Prosecutor (OCP) recommended the dismissal of the complaint for slight illegal detention, slight physical injuries, and unlawful arrest for "insufficiency of evidence."

The office said it was not convinced that Totoy was held against his will in Rhian and Michelle’s condominium. He also failed to establish that he was detained, despite CCTV evidence that he tried to escape the condominium.

“Based on the foregoing, it is established that respondent had access to outside of the window and had in fact entered the condo unit voluntarily,” the resolution said.

The office also found it “highly suspect” why Totoy never sought the assistance of the security personnel who retrieved him following his alleged escape.

The office likewise said that his act of jumping out the window may not be to escape his detention but his charge of theft.

Moreover, the resolution noted that there is CCTV footage showing several people inside the condo unit on the day of Totoy’s alleged detainment, including Totoy's own cousin.

“If respondents indeed committed the crime, then all those inside the condo could be liable for the crime charged, including, with emphasis, his cousin and the helper who took care and assisted complainant inside of the condo unit,” the resolution said.

“In simple terms, there is lack of evidence submitted to indicate or establish that complainant was forced to stay inside the condo unit,” the resolution said, noting that his allegation was insufficient.

There was also nothing in Totoy’s sworn statements that he was prevented from leaving the unit.

Regarding slight physical injuries and maltreatment, the OCP said the evidence on record is insufficient to establish that Totoy sustained injuries from being punched, kicked, and slapped by the respondents.

Finally, regarding unlawful arrest, the OCP stated that the evidence on record does not establish that Michelle, Rhian, and the other respondents deprived him of his liberty and there is no detention to begin with.

The respondents also contacted the police after Totoy admitted to taking the missing photographs, and he was taken into police custody on the same day.

Michelle and Rhian's legal counsel, Atty. Maggie Abraham-Garduque, sent a statement to GMA News Online on Monday welcoming the OCP's joint resolution.

“We are very happy with the resolution. At the onset, it is our vehement submission that this complaint against our clients [is] bereft of merit. In the end, justice and truth prevail,” Abraham-Garduque said.

VACC to file motion for reconsideration

Meanwhile, the Volunteers Against Crime and Corruption (VACC), the organization helping alias Totoy, said in a press release obtained by "Fast Talk with Boy Abunda" that it respects the legal process, but finds the dismissal of his complaint "unexpected and highly questionable."

"A careful review of the case reveals glaring evidence and substantial bases that appear to have been glaringly overlooked, underappreciated, or altogether ignored in the decision to dismiss the complaint," the VACC said.

The VACC also said that it will wholly support and guide Totoy in filing a motion for reconsideration.

"The filing of an MR is a legitimate legal remedy intended to correct what we believe is a skewed appreciation of the facts. It is our hope that through this motion, the prosecutors will take a second, more meticulous, and unbiased look at the entirety of the evidence presented," the agency said.

“Our support for Totoy does not end here. The VACC will stand by his side and guide him through every available legal remedy—taking this battle all the way to the Supreme Court, if necessary."

In January, Totoy filed a complaint against Ramos, Dee, Panlilio, two of Dee’s bodyguards, and members of the Philippine National Police (PNP) before the National Bureau of Investigation (NBI).

He alleged that they locked him in a room, beat him up, and accused him of stealing an angpao that contained private photos.

Michelle and Rhian’s legal counsel, Atty. Maggie Abraham-Garduque, has denied that her clients were involved in the alleged mauling and illegal detention.

In May, Abraham-Garduque, said that alias Totoy had been indicted for theft by Makati OCP.

—Nika Roque/CDC, GMA News