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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 Horas 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 Segovias 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 wasnt 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
Segovias 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,

2.

3.

4.

5.

6.

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! (youre 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