Councilor to be charged over death of girl bitten by his dog

MANILA, Philippines – Quezon City Councilor Ramon Medalla will be charged with reckless imprudence resulting in the death of a girl who had been bitten by his dog. The case had been dropped earlier by the Quezon City Prosecutor's Office, but the girl's mother, complainant Remesita Dy Arcala, petitioned the Department of Justice (DOJ) for a review. Recently, Justice Undersecretary Ernesto Pineda issued the filing of charges after finding enough evidence to do so. According to court records, Arcala’s daughter, Jean-Jean Arcala-Aside, died on Feb. 26, 2003 due to complications caused by the dog bite. According to the mother, on Nov. 26, 2002, she and her daughter were buying food at the store owned by Medalla at 18 Buenamar St. in Novaliches, Quezon City, when the councilor's dog came out of the house and bit the victim at the back. When the mother and her child shouted, the houseboy of the councilor went out and pacified the dog. After being informed of the incident, Medalla allegedly gave the complainant P500 for medical treatment. Arcala said she was forced to report the incident to the barangay hall because the amount given by the respondent was not enough for treatment, the cost of which she had to shoulder at the San Lazaro Hospital Instead of summoning the respondent, barangay officials only issued Arcala a certification. Arcala said the dog bit cause some mental disorder in her daughter, who had to be confined at the Jimenez Mental Hygiene Clinic from January 22 to February 22 in 2003. Three days after, the girl died. In his counter-affidavit, Medalla denied the allegations against him saying that he was not a resident of 18 Buenamar St., where the incident happened. He argued that the case against him should be dismissed for lack of evidence evidence because there was no allegation showing the relationship of the child to the complainant. On July 14, 2005, Assistant City Prosecutor Eric Constantino recommended the filing of the case against the respondent after finding probable cause. But on review of the resolution, Constantino’s resolution was set aside and the case was dismissed. In her petition for review, Arcala argued that the Quezon City Prosecutor’s Office committed grave abuse of discretion in dismissing the complaint just because the respondent "is more credible than the complainant" for being an elected official. The DOJ found merit on the petition of the complainant, saying that mere denial could not prevail over the positive assertion of the complainant against Medalla as the dog owner. "There is no basis to reverse and set aside the initial finding of ACP Constantino upon the ground that the respondent is more credible because he is an elected official,” the DOJ resolution said. - GMANews.TV