Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
Zamboanga City

JUAN KAWAWA
Complainant,

NPS DOCKET NO:

IX-08-INQ-15A-XY12

-versus-

-for-

PEDRO BALASOBAS
SLIGHT PHYSICAL INJURY
Respondents.
x---------------------------------------------x
RESOLUTION
Pursuant to Section 8(a), Rule 112 of the Revised Rules of
Criminal Procedure, as amended, undersigned will hereinafter
resolve the complaint solely based on the evidence of the
complainant and the respondent.
Complaint allege that on December 1, 2014 at 12 noon, more
or less at Busog Lusog Carenderia, Guiwan, Zamboanga City,
respondent suddenly boxed the right side back portion of
complainants

head

without

no

reason

at

all.

Thereafter,

Respondent desisted and left. However, the complainant sustained

an injury that required medical treatment of less than nine (9)
months. After carefully reviewing the records of the foregoing
complaint, the undersigned prosecutor finds that the allegations of
the complaint bore out the crime of Slight Physical Injury.
Respondents manner of attacking the complainant from behind
and then for him to voluntary leave the latter are external
manifestations that fell short of intent to kill, so that, a Frustrated
Homicide can be filed. Moreover, there is also no basis to consider
any stages of the crime of homicide since the respondent, without
performing all the acts of executions, voluntarily desisted in
pursuing his physical assault against the Complainant.

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Nevertheless the complaint was able to substantiate that

Complainant suffered injuries as a result of the attack done by the
Respondent and which requires the healing period of less than nine
(9) days and which constitute the criminal act of slight physical
injury.
WHEREFORE,

premises

considered,

the

undersigned

prosecutor recommends that the filing of Slight Physical Injury

against respondent Pedro Balasobas.
Let therefore the corresponding information be so filed against
the respondent before the proper court.
Zamboanga City, Philippines, January 20, 2015

SHERMA TOTOH AHMAD

Associate City Prosecutor

Approved by:

SOCRATES PABAYO VILLOTA

City Prosecutor

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