MANILA, Philippines --- The arraignment of a tobacco firm executive caught on video assaulting a Metropolitan Manila Development Authority (MMDA) traffic enforcer in Quezon City (QC) on August 11, 2012 was postponed yesterday pending the resolution of the motion seeking the quashal of the case against him.

In a four-page motion filed before the QC Metropolitan Trial Court Branch 42, accused Robert Blair Carabuena said the direct assault upon a person in authority charge could not be filed against him as the facts of the case failed to allege that MMDA enforcer Saturnino Fabros was an agent of authority.

“The information simply states that the alleged victim in this case, Saturnino M. Fabros, is a traffic constable, and that the accused knew him to be an agent of authority,” said the motion. “It does not allege the facts showing that the alleged victim is an agent of a person in authority or is imbued with functions constituting an agent of a person in authority.”

“The statement that Mr. Fabros is an agent of authority is a mere conclusion of law, not a statement of fact constituting an element of the offense charged,” it added.

The motion said the case against Carabuena should be quashed as the information failed to allege that Fabros was a person in authority.

During the altercation, a TV5 researcher videotaped Carabuena physically assaulting Fabros after he was flagged down for traffic violation.

Despite Carabuena’s public apology, the case filed before the city prosecutor’s office has pushed through. Carabuena is out on bail.

Meanwhile, the QC government hosts today the global celebration of the 2013 Relay for Life at the Amoranto Sports Complex track oval.

Mayor Herbert Bautista and Vice Mayor Joy Belmonte are expected to join cancer survivors for a walk to highlight the formal opening of the 24-hour relay, aimed at raising public awareness on cancer prevention and control.

The mayor is set to deliver an inspirational message while Belmonte will do the remarks.

Aside from QC officials, Health Undersecretary Teodoro Herbosa was invited to grace the event.

The 2013 Relay for Life was originally scheduled on February 22 but was moved on March 8 due to rainy weather.

In partnership with the Philippine Cancer Society (PCS), QC has been hosting the anti-cancer campaign for the ninth consecutive year to raise funds to support PCS programs, which organizers said would also be beneficial for local residents.