Mauling case involving cyclist ‘closed’ after victim settles

·2 min read

THE bakeshop deliveryman who was mauled by two cyclists in Mandaue City has withdrawn his complaint, opting to formally settle the case with the offending parties.

Capt. Armil Caloscos, Casuntingan Police Station chief, told SunStar Cebu they have received the affidavit of desistance from Marvin Lobitania, the victim.

During an interview with radio dyCM on Tuesday, Aug. 24, 2021, Lobitania said the cyclists thought that he had intentionally sideswiped them twice, which flustered one of the cyclists and caused her to stumble.

He said the handlebar of the motorcycle stiffens on occasion, which causes the motorcycle to suddenly change direction.

He said he was not aware that one of the cyclists had stumbled since he did not hit her.

Lobitania said he was also at fault after the cyclist who fell showed him her bruises and scratches.

“We agreed and signed that there would be no charges. That we would be friends. Then that was it. We’re okay,” he said in Cebuano.

Caloscos said they will stop their investigation since they consider the case closed.

With the development, the National Bureau of Investigation (NBI) 7 said it would be hard to prove that one of the cyclists allegedly identified himself as an NBI member during the altercation.

Without the testimony of a witness, they cannot prove usurpation of authority, said NBI 7 Assistant Director Dominador Cimafranca. The surveillance camera that caught the incident has no audio recording of the cyclist claiming to be an NBI member, he said.

He also doubted Lobitania would testify against the cyclist, especially since the two parties already signed a settlement.

NBI 7 Director Rennan Augustus Oliva said Lobitania was supposed to finish his complaint at the NBI 7 office on Aug. 24, but the latter was a no-show.

He said they wanted the result of Lobitania’s medical examination as support for his affidavit.

As for Lobitania’s companion during the incident, he did not fill up a complaint sheet or give his name, Oliva said. (KFD, WBS)

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