Mandaluyong Prosecutors Office finds probable cause for direct assault vs Chinese behind taho-throwing incident

Dismisses charges for unjust vexation, disobedience filed vs her 

(Eagle News)—The Mandaluyong Prosecutors Office has found probable cause to indict the woman behind the taho-throwing incident at a Metro Rail Transit 3 station over the weekend for direct assault.

In ordering the indictment of Jiale Zhang, senior assistant prosecutor Leynard Dumlao said that in the crime of direct assault, “the assault and force employed must be serious in character as to indicate respondent’s determination to defy the law and its representative at all hazards.”

In this case, he said the throwing of the cup of taho to P01 William Cristobal, who was in uniform at that time, “is considered a deliberate and serious defiance to a police officer who was performing his duties at that time.”

“Simply put, respondent’s unwarranted act is an abrasive affront against an officer in uniform representing a national institution,” he said.

Dumlao, however, dismissed the charges of disobedience to an agent in person of authority and unjust vexation filed against the Chinese national.

In dismissing the first, Dumlao said disobedience was a “necessary consequence of the assault.”

As for the second, he said the offense of unjust vexation was already “deemed absorbed” in the direct assault offense.

“It is recommended that the foregoing  resolution be approved indicting respondent for direct assault to an agent of person in authority under Article 148 of the Revised Penal Code and the attached information therefore be filed in court,” he said in the resolution dated Feb. 11.

The resolution was approved by City Prosecutor Bernabe Augusto Solis.

The Bureau of Immigration’s legal department has also recommended the filing of a deportation case against Zhang, who has apologized for the incident.