The accused was charged with slight physical injuries against his neighbor. On July 14, 2015, the accused grabbed the complainant's arm and struck her chest with an open palm, causing her to fall onto the concrete pavement and sustain injuries to her right knee, arm, and left palm. The complainant presented a medico-legal report showing her injuries required 2-3 days of medical attendance. The court found the accused guilty based on the evidence and sentenced him to 15 days imprisonment and to pay 5,000 pesos in moral damages to the complainant.
The accused was charged with slight physical injuries against his neighbor. On July 14, 2015, the accused grabbed the complainant's arm and struck her chest with an open palm, causing her to fall onto the concrete pavement and sustain injuries to her right knee, arm, and left palm. The complainant presented a medico-legal report showing her injuries required 2-3 days of medical attendance. The court found the accused guilty based on the evidence and sentenced him to 15 days imprisonment and to pay 5,000 pesos in moral damages to the complainant.
The accused was charged with slight physical injuries against his neighbor. On July 14, 2015, the accused grabbed the complainant's arm and struck her chest with an open palm, causing her to fall onto the concrete pavement and sustain injuries to her right knee, arm, and left palm. The complainant presented a medico-legal report showing her injuries required 2-3 days of medical attendance. The court found the accused guilty based on the evidence and sentenced him to 15 days imprisonment and to pay 5,000 pesos in moral damages to the complainant.
MUNICIPAL TRIAL COURT IN CITIES ____________ PEOPLE OF THE PHILIPPINES, Plaintiff; Criminal Case No. xx For: SLIGHT PHYSICAL INJURIES -versusxxx Accused. x-------------------------------------------x DECISION Private complainant xxx and accused xxx are neighbors. An incident happened on 14 July 2015, which resulted in a criminal case filed by the former against the latter, to wit: That on or about the 14th day of July 2015, in the City of xxx, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, taking advantage of his superior strength, did, then and there, willfully, unlawfully and feloniously attack, assault and strike the chest of xxx who is a woman with use of his palm causing the latter to fall down to the concrete pavement which resulted to her injuries on the different parts of her body, which injuries require her medical attendance and or incapacitated her to a period of not less than two (2) days but not more than three (3) days.
When arraigned on 15 February, 2016, accused, assisted by
counsel de officio, entered a plea of not guilty. At the trial, the prosecution presented their sole witness, the private complainant herself who testified through her Judicial Affidavit.1 She narrated that at about 8:30PM on July 14, 2015, accused suddenly showed up at the front of their house shouting and challenging her husband to a fight. She told her husband to stay inside while she went to the door. Accused suddenly grabbed her right arm and struck her chest with an open palm causing her to fall down and scrape her right knee, right arm and left arm on the concrete pavement. The accused was pacified by his father and was brought inside their house, still being very angry and shouting curses. Private complainant and her husband went immediately to xxx PNP Precinct to ask assistance. They obtained a police blotter2 on the incident and sought medical treatment. A medico-legal report3 was issued to her from the xxx City Hospital showing the following findings: slight swelling right knee; slight swelling dorsum right foot; and greenish discoloration palm left 1 Records, pp. 8-9 2 Exhibit B; records, p. 18. 3 Exhibit A; records, p. 15. Page 1 of 3
hand, which require medical attendance for a period of two days
to three days. The witnesses identified the medico-legal report, an excerpt from the police blotter and the certificate to file action. 4 On the other hand, accused likewise presented himself as the sole witness for the defense. He testified through his Judicial Affidavit, 5 denying the version of the prosecution and stated that on the time of incident, he was drinking with his beer buddies near his house. After finishing several bottles he went home and saw the complainant at their door. She approached him and a quarrel ensued until he signaled to stop her as she was getting closer to his face. At his gesture, complainant stepped backwards and hit her heel on the hump causing her to fall down and sustain injuries. Accused identified pictures6 showing the elevated portion of the pavement where the complainant stumbled backwards. Ruling The Court is convinced that accused has pushed the complainant which caused her to fall and sustain injuries to the right knee, right foot and left palm, as shown in the medico-legal report issued by a government physician, which this court finds truthful pursuant to the rule on regularity of performance of duty. The extent of injuries suffered by the victim, xxx, shows that she did not fall on her back where her behind hit first, then immediately supported by her both hands, as stated by accused. The hump at the doorstep has nothing to do with xxx injuries. It is more consistent with human experience that Edmund grabbed the right hand of xxx with his one hand and his other hand pushed her chest which caused xxx to be thrown around downwards, with her right knee, foot and palm hitting the pavement altogether. Under Article 266 (1) of the Revised Penal Code, to wit: Art. 266. Slight physical injuries and maltreatment. The crime of slight physical injuries shall be punished: 1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period.
4 Exhibit C; records, p. 16 5 Records, pp. 62-69. 6 Exhibit 1 & series; recors, p. 69. Page 2 of 3
The penalty for slight physical injuries is arresto menor,
which ranges from one day to 30 days of imprisonment. The Indeterminate Sentence Law being inapplicable due to the penalty imposed not exceeding one year, the accused shall suffer a straight penalty of 15 days of arresto menor. The award of moral damages to xxx is appropriate. Such damages are granted in criminal cases resulting in physical injuries.7 The amount of P5,000.00 fixed as moral damages is consistent with the current jurisprudence. 8 WHEREFORE, ENTER a judgment: (a) finding accused xxx, GUlLTY beyond reasonable doubt of the crime of SLIGHT PHYSICAL INJURIES under paragraph 1, Article 266, of the Revised Penal Code; (b) sentencing him to suffer the penalty of 15 days of arresto menor; and (c) ordering him to pay xxx, the amount of P5,000.00 as moral damages. SO ORDERED. IN CHAMBERS, xxx
xxx Presiding Judge
7 Article 2219 (I) of the Civil Code.
8 People v. Villacorta, G.R. No. 186412, September 7, 20 II, 657 SCRA 270, 288.