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REPUBLIC OF THE PHILIPPINES
MUNICIPAL TRIAL COURT IN CITIES
SIXTH JUDICIAL REGION BRANCH 7 Iloilo City
PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO.
S-23-1234X
-versus- FOR: LESS SERIOUS CQ, PHYSICAL INJURIES Accused. x------------------------x
MEMORANDUM
COMES NOW, COMPLAINANT, through the
undersigned counsel, unto the Honorable Court, respectfully submits this memorandum and avers that:
STATEMENT OF THE CASE
This case is for LESS SERIOUS PHYSICAL
INJURIES committed by the accused CQ with deliberate intent and without any justifiable motive attack the victim QT by hitting the latter with a nightstick causing dark contusions and back pains upon the latter, which injuries require healing for a period of Fourteen (14) Days as per Medico-Legal Certificate dated January 2X, 202X.
BRIEF STATEMENT OF FACTS
Complainant, QT, alleges that on the night of
January X5, 202X, he suffered injuries at the hands of Accused, CQ, while in the vicinity of the road in Brgy. Madilim, Jaro, Iloilo City.
At approximately 10 in the evening, QT met
with his sweetheart, XZ, at the designated location, as previously arranged. The two parties had been apart for a prolonged period and had planned to meet that evening. As they were reuniting, QT embraced XZ tightly due to their prolonged separation.
Unbeknownst to the both of them, Accused CQ
suddenly appeared and struck QT with a nightstick, causing him to suffer dark contusions and back pains on his back. As a result of these injuries, QT was required to rest for a period of 14 days, as certified by Dr. CM of WV Hospital. The injuries sustained by QT also prevented him from performing his duties at work.
Accused, CQ, counters that he witnessed QT
holding his first cousin, XZ, in a suspicious and inappropriate manner. When CQ approached the pair and asked what they were doing, QT and XZ failed to respond. Believing that QT was harassing XZ, CQ intervened by striking QT with a nightstick to stop the alleged harassment. CQ asserts that he acted reasonably and justifiably to protect his cousin’s well-being and safety.
The prosecution has diligently pursued the
case against CQ, despite the uncooperative behavior of the alleged victim, XZ, who refused to testify despite repeated demands from the court. In the absence of any corroborating evidence or witnesses, the prosecution still believes that sufficient evidence exists to support a prima facie case against CQ, and therefore recommends that the case be filed against the accused.
ISSUE/S
Whether or not the accused CQ is guilty of the
crime of Less Serious Physical Injuries.
ARGUMENTS AND DISCUSSIONS
To properly determine whether the respondent
is probably guilty of the charge, a thorough examination of the elements of the crime charged is necessary. Based on the allegations of the complainant’s judicial complaint-affidavit with attached supporting documents, the respondent was being charged with the crime of Less Serious Physical Injuries defined and penalized under Article 265 of the Revised Penal Code, as amended by R.A. No. 10951, which provides:
“Art. 265. Less serious physical injuries.
- Any person who shall inflict upon another physical injuries not described in the preceding articles, but which shall incapacitate the offended party for labor for ten (10) days or more, or shall require medical assistance for the same period, shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor. xxx”
Based on the foregoing provision of law, the
elements of the crime of Less Serious Physical Injuries are, namely: (1) That the offender inflicted physical injuries upon another; and (2) That the physical injuries inflicted either incapacitated the victim for labor for ten (10) days or more, or the injuries required medical assistance for the same period.
In the instant case, all the elements of the
crime of Less Serious Physical injuries as defined and penalized under Article 265 of the Revised Penal Code were duly alleged and substantiated in the judicial complaint-affidavit with attached supporting documents, viz:
First, records reveal that the respondent
inflicted physical injuries upon the person of QT. Respondent was positively identified by the complainant who attacked and injured him. Based on the judicial affidavit of the complainant, he was attacked and beaten by CQ which resulted to the injuries suffered by him as evidenced by his Medico-Legal Certificate. Second, the physical injuries sustained by QT required medical attendance for fourteen (14) days as evidenced by a Medico-Legal Certificate dated January 2X, 202X.
Accused’s defense centers only on his claim
that he acted in defense of his first cousin XZ. Thus, he invokes the second justifying circumstances under Article 11 of the Revised Penal Code:
ARTICLE 11. Justifying Circumstances. –
The following do not incur any criminal liability:
XXX
2. Anyone who acts in defense of the
person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or of his relatives by affinity in the same degrees, and those by consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the provocation was given by the person attacked, that the one making defense had no part therein.
A person invoking self-defense (or
defense of a relative) admits to having inflicted harm upon another person - a potential criminal act under Title Eight (Crimes Against Persons) of the Revised Penal Code. However, he or she makes the additional, defensive contention that even as he or she may have inflicted harm, he or she nevertheless incurred no criminal liability as the looming danger upon his or her own person (or that of his or her relative) justified the infliction of protective harm to an erstwhile aggressor. (Velasquez vs. People, G.R. No. 195021, March 15, 2017) The accused's admission enables the prosecution to dispense with discharging its burden of proving that the accused performed acts, which would otherwise be the basis of criminal liability. All that remains to be established is whether the accused were justified in acting as he or she did. To this end, the accused's case must rise on its own merits: (Ibid)
It is settled that when an accused admits
[harming] the victim but invokes self-defense to escape criminal liability, the accused assumes the burden to establish his plea by credible, clear and convincing evidence; otherwise, conviction would follow from his admission that he [harmed] the victim. Self-defense cannot be justifiably appreciated when uncorroborated by independent and competent evidence or when it is extremely doubtful by itself. Indeed, in invoking self- defense, the burden of evidence is shifted and the accused claiming self-defense must rely on the strength of his own evidence and not on the weakness of the prosecution. (Belbis vs. People, 698 Phil. 706, 719 (2012). NOT YET DONE SOOO SLEEPY
PRAYER
Wherefore, premises considered, it is most
respectfully prayed before this Honorable Court that the judgment be rendered in favor of the complainant and find the accused guilty of Less Serious Physical Injuries.
RESPECTFULLY SUBMITTED.
Iloilo City, Philippines.
June 14, 2024.
NORRI VEE M. LUMAWAG
Public Prosecutor Roll No. 123X78 MCLE COMPLIANCE NO. VII-001245X Valid until May 28, 2030 Copy Furnished:
