A man who identified himself before the police as a “doctor’s son, owner of a pharmacy, nephew of a retired Judge, and relative of some lawyers” learned a costly lesson for a supposedly minor altercation over a parking spot.
Records from the Municipal Trial Court Branch 2 in Dumaguete showed that in an incident on June 3, 2019, a certain Alain Besario was trying to park his Honda car beside Portal West along Silliman Ave. but found himself sandwiched between a white car behind and an Isuzu Crosswind SUV in front, preventing him from entering the parking slot.
After failing to get the car behind him to move, Besario went to the Isuzu SUV in front of him, and asked the driver to move forward.
The Isuzu SUV moved forward, but not enough for him to park his car, causing the Accused to become upset and frustrated. He then returned to his car, and drove it to the next building to collect his son, but the driver of the Isuzu SUV took photos of Besario and his car.
The Court said this angered Besario that he stopped his car at the pedestrian crossing, accosted the driver, and held him by the collar.
In his reply to the Court, Besario said he refrained from further inflicting physical harm on the senior citizen who might collapse as he had just completed 100 tire flips and 100 burpees at the gym that morning.
The Court concluded that realizing that the senior citizen was not his match, Besario instead punched the SUV, causing a dent on the vehicle’s right side.
Police caught up with Besario in barangay Mangnao as he was heading back home to Oracion Subd., and was invited to the police station for a meeting with the senior citizen-complainant.
When Besario reached the police station, the complainant was there, accompanied by his wife.
Police Staff Sgt. Palomar Benarao, desk officer at the Dumaguete City Police Station that day, told the court that Besario, with hands on his waist, introduced himself, at the same time pointing a finger at the complainant’s face, shouting in the vernacular, “Who are you to summon me to the police station? I am a son of Dr. Besario. We have a drugstore. I am the nephew of Judge Fe Bustamante. I have many lawyers!”
Until that time, Besario still did not know who the driver of the SUV was. Soon, some policemen arrived and saluted the complainant, addressing him as “Judge”.
When Besario learned that the complainant was retired Judge Rosendo Bandal Jr., he could no longer take back everything he had said and done.
With the help of the police officers, Judge Bandal effected a citizen’s arrest on Besario, who had to stay in detention for 12 hours.
On Sept. 2 this year, MTCC Judge Ma. Corazon Gadugdug found Besario guilty of Unjust Vexation, Grave Threats and Malicious Mischief, and sentenced him to seven months in prison.
He was also ordered to pay Judge Bandal P400,000 as moral damages, P100,000 as exemplary damages, P31,139 as actual damages, and P4,200 as cost of the suit.
Besario’s lawyer, Atty. Cynthia Sulit-Portugaleza, said the court gave them 15 days from Oct. 15 to either appeal the decision, or apply for probation.
