QC court dismisses case vs Arboleda

Philippine Basketball Association (PBA) player Wynne Arboleda can now heave a sigh of relief after the case filed against him by a fan whom he allegedly mauled was dismissed. In a one-page order, QC Metropolitan Trial Court Branch 33 Presiding Judge Alfredo Ampuan dismissed the slight physical injury charges filed against Arboleda after complainant Alain Katigbac withdrew the case against the veteran cager. Katigbac, one of the fans that heckled Arboleda in a PBA game, on April 18, 2011 filed an affidavit of desistance withdrawing the case, saying that he was no longer interested in the prosecution of the case. "Without the active participation of the complainant, it would be impossible for the prosecution to prove the guilt of the accused," Ampuan said in his one-page order. Katigbac and Arboleda, during the mediation proceedings, agreed to an out-of-court settlement which is in pursuant to a Supreme Court Circular No. 20-2002. "After a thorough re-evaluation of the case and after personally talking with the accused as to the circumstances surrounding the case, I and (Arboleda) have already reconciled and agreed to amicably settle the case out of court," said Katigbac in his two-page affidavit. Katigbac, in the same affidavit, stated that he also released Arboleda from any liability and waived all causes of action which he may have against the veteran cager. Arboleda, who is playing for then Burger King (Air21 Express), was charged for mauling Katigbac in their PBA game against Pilipinas-Smart Gilas on October 16, 2009 at the Araneta Coliseum. Katigbac, who was watching the game at court side, said that Arboleda mauled him when the veteran cager got irked over the endless heckling he received from the former and other fans. – JVP/KBK, GMA News