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MANILA, Philippines 鈥擜 Pasay City court has dismissed the criminal cases lodged against two Japanese fugitives Yuki Watanabe and Tomonobu Saito, suspected to be the kingpin of a string of robberies, 鈥淟uffy.鈥
The court granted the request to drop the case due to the lack of proof in compliance with Republic Act 9262 or the Violence Against Women and their Children.
According to the ruling for Watanabe鈥檚 case, the prosecution could not furnish a medical certificate to certify his wife鈥檚 accusation that he hit and slapped her several times. Only a psychological report was attached to the complaint.
鈥淩eport may prove the psychological aspect of the offense, there must likewise be a supporting document to prove the physical harm which caused the psychological, mental or emotional suffering of the complainant,鈥 the court noted.
It added that the complainant failed to state exactly when the abuse happened.
鈥淪he merely alleged that she resides in Pasay City. However, she failed to allege where the alleged acts were committed. The fact that she resides in Pasay City does not necessarily mean that the offense was likewise committed in Pasay City,鈥 the court said.
In the case of Saito, the lower court said only photos of the injuries were submitted.
鈥淭he photos did not show that the person depicted there is herein complainant,鈥 it said.
Also, the court said the filed case was for kicking and slapping. But it noted that the complaint-affidavit filed before the Office of the Prosecutor was for kicking and not slapping.
The court then cautioned the prosecutor to thoroughly scrutinize the complaints 鈥渢o avoid unnecessarily clogging the dockets of the trial courts.鈥
The dismissal of the case will clear Watanabe and Saito of deportation proceedings unless the complainant opt to file a motion for reconsideration.
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The Department of Justice has yet to announce the exact date of the two Japanese national鈥檚 deportation, although tentatively, it was set for Wednesday, February 8.
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