Michelle Dee, Rhian Ramos' lawyer: Driver's assault claims 'physically impossible'

Michelle Dee and Rhian Ramos’ legal counsel, Atty. Maggie Abraham-Garduque, denied the allegations that the two were involved in the alleged mauling and illegal detention of Rhian’s driver, Totoy (not his real name). 

In a video statement sent to “Fast Talk with Boy Abunda" on Thursday, the lawyer cited Dee's travel records and the results of Totoy's inquest medical examination.

“Physically impossible and also incredible kasi based on the allegation of the driver, nangyari daw ‘yung alleged mauling and illegal detention January 17 to 19. So ‘yun ‘yung mga period na sinabi niya. However, records would show na si Michelle Dee was in Iloilo noong buong araw ng January 17 and she was able to go back to Manila only on January 18,” Abraham-Garduque said.

Per Abraham-Garduque, they have documents and materials to support this, including plane tickets and posts showing Dee’s presence in Iloilo.

She further pointed to the inquest process on January 19, saying it is standard procedure for arrested persons to undergo a medical examination.

“And there was no sign of any injury na nakita sa medical doon sa inquest. Otherwise, dapat nalagay na 'yun or na-alleged doon sa inquest investigation. Isa pa doon is, para sa amin, ‘yung allegations niya doon sa nangyaring mauling — hindi siya nagma-match doon sa mga injury na pinakita niya sa interview,” she said.

She also questioned the consistency between the driver’s reported account and the injuries shown in his media interview, claiming the alleged injuries did not match the description of repeated physical assault over three days.

“Ang allegation niya doon sa interview niya was sinuntok siya, sinipa, sinampal sa mukha, tapos sinipa at sinuntok, binugbog siya sa katawan. Tapos there was the one incident na tinusok siya ni Michelle ng kuko nito sa mata. Pero nung pinakita niya sa media kahapon, ‘yung mga alleged injury niya, napakalinis ng katawan niya. Tapos wala rin siyang injury sa mata. So kumbaga ‘yung mga affected area supposedly based on his allegations ay malinis, and would not support ‘yung sinasabi niya na nagkaroon ng mauling or pangbubugbog sa kanya for three days. Otherwise, the injury and the bruises should be manifested in his body.”

On the allegation of illegal detention, she maintained there was no intent to detain, saying the driver was brought to the police station for proper investigation.

“Para sa amin, there was no illegal detention because there was no intent to detain. Because on the 19th, dinala siya sa police station. If there was an intent to detain, dapat hindi siya dinala sa police station for proper investigation ng authorities,” she said.

Boy Abunda reported on the show that Dee’s camp filed a complaint affidavit for qualified theft against the driver, alleging that he took an angpao containing sensitive photos from a room in the condo unit. 

According to the same account, the driver later returned nine of the photos, but one was reportedly still missing, prompting Dee to pursue legal action.

The driver was arrested in connection with the complaint on January 19, but he was later released after the Makati Prosecutor’s Office dismissed the case on procedural grounds, her lawyer said.

In John Consulta's report on "24 Oras" Thursday, Abraham-Garduque also appealed to the public not to judge Dee and Ramos immediately, noting that the complaint sheet filed with the NBI is not yet a criminal case. 

“Sana lang they will not judge outright kasi syempre may accusation against them, under investigation pa po. ‘Yung complaint sheet na finile sa NBI di pa po 'yun criminal complaint, so let the NBI investigate about it. Tignan po natin ang magiging findings,” she said.

Meanwhile, Samantha Panlilio’s legal counsel said that they are still gathering all the facts and statements before releasing their own statement.

Per Consulta's report, Totoy returned to the NBI to provide additional details to his complaint. In his statement, Totoy alleged that some of Dee’s personnel later went to his home in Northern Samar following the incident.

“Kinabahan ako sir nung malaman ko na 'yung dalawang babae at isang lalaki. Pagdating doon, hinalughog ang bahay ko, tapos kinuha cellphone ng asawa ko. 'yung mga anak ko, pinalapit at pinagpipicturan,” he shared.

Abraham-Garduque, however, said that Dee’s camp only went to Totoy’s house because his wife called Dee.

“It’s the wife of Alias Totoy na tumawag kay Michelle at nagsabi na ang mga items na hinahanap ay nasa asawa niya,” she said. 

“Pumunta 'yung staff ni Michelle to get those items from the wife kasi nasa kanya daw. Nagsumbong 'yung wife talaga sa kanya na nandito 'yung hinahanap mo. Nagulat daw siya kung bakit may mga ganun sa asawa niya." 

She added that Dee confronted Totoy about this. 

"Constrained na 'yung driver na sabihin na 'ako talaga ang kumuha, akala ko may lamang pera,'" she said. 

Meanwhile, the Makati City Police released a statement saying that it will cooperate with the NBI in its investigation regarding Totoy’s allegations that two police officers allegedly assaulted him while he was in custody.

"[P]resently, they are in the process of taking [a] sworn statement of the complainant against the involved actress and still not yet filed with the concerned prosecutor's office or [Department of Justice]," the Makati Police said. 

"Early this morning, our legal officer already coordinated to the NBI for any possible assistance to their investigation. Rest assured the public, that we will do all necessary, proper actions to serve justice to the offended parties." 

NBI spokesperson and head agent Palmer Mallari also said that the agency needs to verify the truth behind Totoy's allegations. 

"Gagawin natin ito by number one interviewing witnesses, we would have to go to the place where the incident happened doon sa binabanggit niyang condo. Kung p-pwede tayo makakuha ng records ng report kung meron man," he said. 

He added that since the incident happened several days ago, they will ask the expert opinion of a medical doctor regarding Totoy's injuries. 

"Considering na nangyari ito several days pa, tatanungin natin yung expert opinion ng doctor kung pwede bang magheal 'yung mga injuries na ito," he said. 

"When all of these have been completed, para naman meron na tayong ihaharap sa acting mga respondents, magpapadala po tayo ng subpoena." 

The NBI will also request to obtain CCTV footage from Dee and Ramos' condo unit, as well as the CCTV footage from the Makati City Police.

The 40-year-old Totoy filed his complaint with the National Bureau of Investigation (NBI) against Ramos and Dee, as well as Samantha Panlilio, two of Dee’s bodyguards, and members of the Philippine National Police (PNP) for alleged illegal detention and assault. 

Totoy claimed that on January 17,  he was forcibly brought to Ramos and Dee’s condo unit, where he was told to admit that he stole an angpao with sensitive pictures from the condo unit.

He alleged that he was locked in the condo unit for three days while reportedly getting assaulted by Dee’s bodyguards and that she and Ramos also beat him up. He claimed that Panlilio also allegedly assaulted him. 

—Jade Veronique Yap and Carby Rose Basina/CDC/LA, GMA Integrated News