“REPUBLIC OF THE PHILIPPINES Department of Justice CITY PROSECUTION OFFICE Lapu-Lapu City PEOPLE OF THE PHILIPPINES, Complainant, NPS DOCKET NO. VII-12-INV -20A-00010 > versus - FOR: PHYSICAL ABUSE IN RELATION TO RA 7610 ELMER ARONG, Respondent, IN TO THE MOTION FOR RECONSIDERATION Accused, through counsel to this Honorable Office, most respectfully makes this Comment/Opposition to the Motion for Reconsideration filed by the private complainant, on the following grounds: 1. That the Motion for Reconsideration filed by the complainant was received by the Accused yesterday afternoon, August 26, 2020; Ny That this case is already filed in Court docketed as R-LLP-20-00815 and pending before RTC Branch 70; w . That there is no showing that there was a motion for suspension of the proceedings in that Branch to give way to the Motion for Reconsideration; B . That this case cannot be considered as Physical Abuse under RA 7610 as there is no evidence beyond reasonable doubt presented that the slapping was intended to debase, degrade or demean the intrinsic worth and dignity of the child as enunciated by the Supreme Court in the George Bongalon case; 5. That the reason for the slapping was to prevent harm or injury that may be caused on the child, as the water dispenser was about to fall and may hit the child;Page 2 6. That the child did not suffer any trauma as he still came to the house of the private complainant even after the incident, therefore, was not deprived of the chance to play and enjoy leisure time within the premises, as declared by the Supreme Court in Erlinda Escolano y Ignacio case. Wherefore, in view of the foregoing, it is respectfully prayed of this Honorable Office to deny the Motion for Reconsideration. Respectfully submitted. August 27, 2020, Lapu-Lapu City. ATTY. EVANGELIMYS, GICALE, CPA Covnsel Valle Compound, S. Osmena St., Lapulapu City Across Outlets at Pueblo Verde, Mepz Il Beside Wheeltek, Basak Lapulapu City Roll of Attorneys No. 25927 IBP No. AR30111085. 1/14/2020. Cebu Province PTR No. 8103153. 1/13/2020.Lapulapu City MCLE Compliance No. VI-0003614 Valid until April 14,2022 PLDT Landline No. 032-3411022; Mobile No. 09173244311 Copy Furnished: City Prosecution Office Lapu-Lapu City Atty. Danilo L. Pilapil Counsel for Complainant Butuanon Riverside, Maguikay, Mandaue City