On August 2010, the Department of Justice (DOJ) has decided to re-open the serious physical injuries and malicious mischief case filed by Arnel Cruz and Ram de Vera against brothers Richard Gutierrez and Rocky Gutierrez (Eduardo Gutierrez Jr. in real life) after it was dismissed five years ago.
The Taguig City Prosecutor’s Office dismissed the case for “lack of probable cause.” The Gutierrez' brothers already pleaded “not guilty” to both accusations last November 12.
It will be remembered that Arnel Cruz and Ram de Vera were left bloodied inside a Mitsubishi Pajero whose rear windshield had been shattered at a parking lot in The Fort, Taguig City, on January 30, 2005, at 2:30 a.m.
They later identified the suspects as actor Richard Gutierrez and his brother Rocky Gutierrez.
The Medico Legal Report from the Makati Medical Center as signed by Dr. Teresita Sanchez indicated the following injuries sustained by Arnel Cruz:
Lacerated wound, 1 cm, right supraorbital area
Hematoma, nasal
Hematoma, left maxillary area
Fracture at the tip of nasal bones.
The same Medico Legal Report indicated these injuries sustained by Ram de Vera:
Soft tissue injury, nasal area
Lacerated wound, .3 cm upper lip
Hematoma, upper lip.
However, Richard and Rocky denied that allegations as stated on the Joint Rejoinder-Affidavit they submitted last March 3, 2005.
Richard's response stated: "On or about 2:00 a.m. of January 30, 2005, I noticed an unidentified male person sneak into my birthday party who was not my guest and I approached him and politely asked him to leave because the party is exclusive to my guests. However, the man suddenly punched me on my temple and dashed down the stairs of the Embassy Bar & Restaurant.
"I fell backwards and my elder brother Rocky rushed to me and asked me what happened. I told him that I was punched by an outsider who gate crashed the party.
"Some of my guests also rushed to me and asked me what happened. Then, they went down the stairs apparently to look for the outsider.
"Sometime later, I and my elder brother Rocky went down to see what happened outside. Thereafter, I noticed a commotion around a vehicle which we [spotted] on a dark portion of the road. As I was about to go to the scene of the incident to check on some of my guests, I was informed by my relatives and friends that the commotion was already over and it was nothing serious, hence, I went back inside the bar."
The eight-page legal document underscored that Richard and Rocky were not part of the group that attacked Arnel Cruz's car.
The Gutierrez brothers' Joint Rejoinder-Affidavit concluded: "It is obvious that the complaint of Arnel Cruz and Rammel de Vera is a tapestry of conjectures, speculations, surmises to incriminate us for acts which we have not done. In their failure to identify the culprits who allegedly punched them, complainants conveniently point to me, Richard Gutierrez, because I am easily identifiable since I was the host and celebrant of the birthday party and the several men who allegedly assaulted them came from the party. So it is with my brother Rocky who was nowhere at the scene of the crime, like me."
Both parties are again set to face in court on June 9, 2011.
The Taguig City Prosecutor’s Office dismissed the case for “lack of probable cause.” The Gutierrez' brothers already pleaded “not guilty” to both accusations last November 12.
It will be remembered that Arnel Cruz and Ram de Vera were left bloodied inside a Mitsubishi Pajero whose rear windshield had been shattered at a parking lot in The Fort, Taguig City, on January 30, 2005, at 2:30 a.m.
They later identified the suspects as actor Richard Gutierrez and his brother Rocky Gutierrez.
The Medico Legal Report from the Makati Medical Center as signed by Dr. Teresita Sanchez indicated the following injuries sustained by Arnel Cruz:
Lacerated wound, 1 cm, right supraorbital area
Hematoma, nasal
Hematoma, left maxillary area
Fracture at the tip of nasal bones.
The same Medico Legal Report indicated these injuries sustained by Ram de Vera:
Soft tissue injury, nasal area
Lacerated wound, .3 cm upper lip
Hematoma, upper lip.
However, Richard and Rocky denied that allegations as stated on the Joint Rejoinder-Affidavit they submitted last March 3, 2005.
Richard's response stated: "On or about 2:00 a.m. of January 30, 2005, I noticed an unidentified male person sneak into my birthday party who was not my guest and I approached him and politely asked him to leave because the party is exclusive to my guests. However, the man suddenly punched me on my temple and dashed down the stairs of the Embassy Bar & Restaurant.
"I fell backwards and my elder brother Rocky rushed to me and asked me what happened. I told him that I was punched by an outsider who gate crashed the party.
"Some of my guests also rushed to me and asked me what happened. Then, they went down the stairs apparently to look for the outsider.
"Sometime later, I and my elder brother Rocky went down to see what happened outside. Thereafter, I noticed a commotion around a vehicle which we [spotted] on a dark portion of the road. As I was about to go to the scene of the incident to check on some of my guests, I was informed by my relatives and friends that the commotion was already over and it was nothing serious, hence, I went back inside the bar."
The eight-page legal document underscored that Richard and Rocky were not part of the group that attacked Arnel Cruz's car.
The Gutierrez brothers' Joint Rejoinder-Affidavit concluded: "It is obvious that the complaint of Arnel Cruz and Rammel de Vera is a tapestry of conjectures, speculations, surmises to incriminate us for acts which we have not done. In their failure to identify the culprits who allegedly punched them, complainants conveniently point to me, Richard Gutierrez, because I am easily identifiable since I was the host and celebrant of the birthday party and the several men who allegedly assaulted them came from the party. So it is with my brother Rocky who was nowhere at the scene of the crime, like me."
Both parties are again set to face in court on June 9, 2011.
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