Trial Memorandum Prac Court

Republic of the Philippines 7th Judicial Region 13th MUNICIPAL CIRCUIT TRIAL COURT BACLAYON-ALBURQUERQUE-LOAY Loay, Bohol

PEOPLE OF THE PHILIPPINES Plaintiff,

-versus-

Crim Case No.17745 For: Direct Assault Upon A Person in Authority

MARIA CIELITO SEGOVIA Defendant x- - - - - - - - - - - - - - x

MEMORANDUM FOR PLAINTIFF

Plaintiff, by counsel, respectfully states that:

STATEMENT OF THE CASE The Plaintiff filed the present action for direct assault against Defendant Maria Cielito Segovia (hereinafter “Segovia”). The defendant has inflicted physical injuries upon the person of Tyrone Hora (hereinafter Hora) who is a Barangay Kagawad of Barangay Guiwanon, Baclayon, Bohol. The assault upon the person of Tyrone Hora who is a person in authority and with this fact known to Segovia would thus make her liable for the crime of Direct Assault Upon A Person In Authority under Article 148 of the Revised Penal Code. The Defendant maintains that she only attacked Hora after she was punched by the former.

STATEMENT OF THE FACTS 1. On the 20th day of September 2013, in Barangay Guiwanon, Baclayon, Bohol. Kag. Tyrone Hora passed by the store of Evan Porlacin. 2. He then saw Segovia and company playing an illegal card game called Tong-its. 3. Being a duly elected Barangay Kagawad, he requested them to stop playing tong-its.

4. It was at this point that Segovia got angry and employed force against Hora. The defendant pounded Hora’s breast and pinched his left arm. Segovia even attempted to bite Hora but he was able to repel most of her attacks but the ferocity of the Segovia’s attacks still resulted to injuries on the part of Hora this was witnessed by Merika Esmero and Evan Porlacin who were present at that time. 5. Hora sustained multiple superficial wounds on his left arm upper medial location. This is evidenced by the medico-legal certificate that was issued by the medico legal officer, Dr. Janice Parilla. 6. On the other hand, Segovia claims that a day before the incident, Hora was at the house of Evan Porlacin and was making ungentlemanly comments about her after she had taken a bath. 7. Hora supposedly told Segovia to go to his house since his wife wasn’t around. This insulted Segovia since there were many people who heard the rude comments. 8. That on the day of the incident, Hora stopped by the store again which prompted the tong-its players to re-enact what happened the other day and mimicked the nasty comments. 9. After which, Hora laid his hands on the shoulder of Segovia which insulted her and prompted her to elbow Saren. 10. Hora got mad after being elbowed and supposedly punched Segovia which allegedly resulted to a hematoma on Segovia’s breast.

ISSUES

Given the foregoing facts and circumstances, the following issue is presented for discussion: 1. Whether or not Maria Cielito Segovia is liable for Direct Assault Upon a Person in Authority under Art 148 of the Revised Penal Code

ARGUMENTS

I.

Maria Cielito Segovia is liable for the commission of Direct Assault against Tyrone Hora.

A. The defendant unlawfully attacked Hora when he requested them to stop playing the illegal card game of tong-its which resulted to multiple superficial wounds 1. Article 148 of the Revised Penal Code provides that “any person or persons Any person or persons who,

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without a public uprising, shall employ force or intimidation for the attainment of any of the purpose enumerated in defining the crimes of rebellion and sedition, or shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance” He was in the performance of his duty as a barangay kagawad when he requested the group to stop playing tong-its when he was attacked by Segovia. This was attested to by Merika Esmero in her affidavit wherein she witnessed that Segovia and company were playing tong-its when Hora arrived and told them to stop playing the game since it is not good to look at since there were people passing by the store. Upon hearing this, Segovia got mad and started attacking Hora, punching him breast and pinching his left arm. Esmero tried to pacify the two. She witnessed that Hora was trying to parry the attacks of Segovia. The incident was also witnessed by Evan Porlacin and collaborates the allegations made by Hora and Esmero. According to him, he immediately stopped playing when they were ordered by Hora but Segovia who was losing in the game got furious and attacked Hora and was even cursing and shouting “piste kang yawaa ka!” (“you’re such a pest demon”) which only shows her total disrespect to Hora while he was in the performance of his duty. The medico legal even shows that Hora had indeed suffered injuries on his left arm that was caused by the punching and pinching attacks of Segovia.

. B. The defendant was aware that Hora was person in authority when she unlawfully attacked him. 1. Hora was a person in authority being a duly elected Barangay Kagawad of Guiwanon, Baclayon as evidenced by a copy of his Oath of Office as a Barangay Kagawad and the Certification by the DILG that Tyrone Hora is a Barangay Kagawad of Guiwanon Baclayon. 2. Section 388 of the Local Government Code expanded the definition of a PA by expressly providing that for purposes of the RPC, the punong barangay, sangguniang barangay members, and members of the lupong tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdictions. (People v. Sion, G.R. No. 109617, August 11, 1997)

3. Persons in authority are visible representatives of the law. They are to be accorded with respect due to the nature of their position. Direct assault is punished in order to uphold the integrity of persons in authority and to curve the lawlessness of the offender in such crimes. 4. In Direct Assault, the offender must know that the victim is a person in authority for him to be liable of the crime. From the facts of the case, Segovia knew that Hora was a person in authority being a kagawad in their barangay and that she even included in her affidavit the title “Kagawad” affixed to the name of Tyrone Hora. She did not question such fact in her affidavit and never did she state that she did not know that Hora was a kagawad, thus, she acknowledges that Hora is a person in authority

PRAYER WHEREFORE, premises considered, it is respectfully prayed that judgment be rendered in favor of plaintiff and against defendant by: FINDING Maria Cielito Segovia GUILTY BEYOND REASONABLE DOUBT FOR THE CRIME OF DIRECT ASSAULT UPON A PERSON IN AUTHORITY under Article 148 of the Revised Penal Code when she unlawfully attacked Tyrone Hora who was a duly elected Barangay Kagawad of Guiwanon, Baclayon, Bohol, causing multiple injuries upon his person. Further, it is prayed for by counsel that actual damages of P10,000.00 be awarded to the complainant Tyrone Hora for his hospital and medication expenses, moral damages in the amount of P50,000.00. Other just and equitable remedies under the circumstances are likewise prayed for. Tagbilaran City, Bohol, July 17, 2014

ATTY. LAWRENCE LOUIE G. UY Counsel for Plaintiff th 5 Floor Uy Bldg. CPG Avenue IBP No.11112 PTR No.11112 Roll No.11118 MCLE No. 244122