Republic of the Philippines

DEPARTMENT OF JUSTICE
CITY PROSECUTION OFFICE
Cavite City

LALAINE PE,
Complainant,
-versus-

I.S. No. IV-14-INV-11I-00191

For: Frustrated Homicide

RICKSON EVANGELISTA,
Respondent.
x-----------------------------x
RESOLUTION
Submitted for resolution is the charge of Frustrated
Homicide filed by complainant John Mark M. Aquino against
respondent Rickson Evangelista.
According to the complainant, while he was walking, together
with his friend Bleyne Sasoy, along the street of Dos Voca,
Dalahican, Cavite City, they happened to pass by a group of
persons, five (5) males and three (3) females. Complainant, at
that moment, never knew the respondent Rickson Evanglista. After
going past the group, complainant felt something hard hit the
back of his head. When complainant turned his head to see the
direction where the hard object came from, he saw the group of
males, whom he passed by a while ago, approaching him and his
friend, simultaneously holding stones. Complainant ran, fearing
for his safety; while Bleyne Sasoy managed to throw a bottle of
soft drinks to the group. However, the group caught up with
complainant and his companion. He was, then, beaten up by this
group of individualshitting complainant on his head with stones
and throwing upon his face fistic blows. When he felt somewhat
unconscious with blood flowing from the injuries he sustained, he
saw the group going away. The same thing happened to
complainants companion Bleyne Sasoy, he was also beaten up by
the group. Witness Bleyne Sasoy corroborated the statements of
the complainant.
After a while, complainant also found out that his Nokia X3
Cell Phone amounting to P3,200 at that time was missing.
Complainant, his witness Bleyne Sasoy, and complainants
sister, with the help of a Brgy. Official, met with the
respondent. At the Brgy. Hall, complainant and Bleyne Sasoy
identified the respondent as one of the perpetrators; however,
they failed to identify the other culprits by their names but
only their faces. Complainant filed charges only against
respondent Rickson Evangelista.

Complainant submitted a medical certificate issued by Dra.

Salamanca Hospital, indicating the injuries the latter sustained
requiring a healing period of less than nine (9) days.
Respondent never submitted his counter-affidavit to refute
complainants accusations against him.
There is probable cause that a crime has been committed in
this case and that respondent is probably guilty thereof.
Jurisprudence has established rules on the determination of
probable
cause.
In Galario
v.
Office
of
the
Ombudsman
(Mindanao), (G.R. No. 166797, July 10, 2007, 527 SCRA 190,
204.)the Court held:
[A]finding of probable cause needs only to rest on
evidence showing that more likely than not a crime has
been committed and there is enough reason to believe
that it was committed by the accused. It need not be
based on clear and convincing evidence of guilt,
neither on evidence establishing absolute certainty of
guilt. A finding of probable cause merely binds over
the suspect to stand trial. It is not a pronouncement
of guilt.
The term does not mean actual and positive cause
nor does it import absolute certainty. It is merely
based on opinion and reasonable belief. x x x. Probable
cause does not require an inquiry into whether there is
sufficient evidence to procure a conviction. (Italics
in the original.)
However, since complainant alleged that his Nokia X3 was
missing and he did not know the motive of the complainant in
inflicting injuries upon him, it is safe to assume that the
objective of the respondent, together with his co-horts, was to
rob the complainant. And taking into account that the healing
period of complainants injuries was less than nine (9) days, he
only suffered slight physical injuries. The felony of Slight
Physical Injuries is inherent/absorbed in the offense of Robbery
with Force and Intimidation. Consequently, this office finds,
and so holds, that the respondent should be charged with the
crime of Robbery with Force and Intimidation instead of
Frustrated Homicide.
WHEREFORE, it is hereby recommended that an Information
charging respondents Rickson Evangelista for the crime of Robbery
with Force and Intimidation be filed against the said respondent.