Republic of the Philippines

Department of Justice
National Prosecution Service
Office of the City Prosecutor
City of Iligan
JOE ALWYN, NPS Doc No. X-08-PNV-23L-00669
(P-4, Upper Hinaplanon, For: LESS SERIOUS PHYSICAL
Iligan City) INJURIES
Complainant
- versus - D/F: Dec. 14, 2022
D/A: Jan. 03, 2023
D/S: Jan. 24, 2023
JAKE GYLLENHAAL,
(Cornelia St., Brgy. Sta. Filomena,
Iligan City)
Respondent.
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RESOLUTION
This resolves the instant complaint for Less Serious Physical Injuries
filed by the complainant against the respondent. The complainant is an
employee of Iligan Star Light, Inc. (ISLI) while the respondent is a
consumer. The respondent was able to file his counter-affidavit within the
prescribed period. Hence, this resolution is based on the pleadings and
evidence of both parties.
The alleged incident occurred on October 4, 2022 at around 2:30 PM
at Barangay Sta. Filomena, Iligan City. The complainant alleges that at
around 10:00 AM of the same day when he was assigned with a job order
(JO) pertaining to the account of Jake Gyllenhaal, located at Barangay Sta.
Filomena, Iligan City.
The purpose of the JO is to remove the service drop wire and kilowatt
hour meter serving Account No. P6969, which has been inactive since
March 15, 2022. Subsequently, herein complainant, formed a dragnet team,
and he is one of the maintenance crew tasked with the removal of the service
drop wire and kilowatt hour meter. The purpose of the dragnet team is to
enforce RA 7832 also known as the “Anti-electricity and Electronic
Transmission Lines/Materials Pilferage Act of 1994.”
When they arrived at the area covered by the account number P6969
at Cornelia St., Sta. Filomena, Iligan City, they were surprised to see that the
building thereon was lighted. They check the metering outfit that was
mounted on the wall and saw the tampered physical appearance of the
kilowatt hour meter of said account. They noticed that the meter glass was
painted and unreadable, the meter seal was removed, and the meter
rectangular box was closed at the sealing lock using a padlock.
As they propped the ladder to the ISLI Pole, they saw a man wearing
a bonnet over his face who emerged from the building and approached them.
They introduced themselves as employees of ISLI and told them the purpose
of their visit. When the complainant asked who he was since he was wearing
a bonnet in his face, the latter answered that he was Calvin Harris. As they
were about to mount the ladder, the bonneted man shouted at them “Tiwasa
na ninyo inyohang trabaho, kay tiwason ta mo!” (“You finish your job, and
I will finish you off!”).
The dragnet team were distress by the presence of the bonneted man,
hence, they decided to leave the area and called for police assistance at ICPS
3. They were then escorted by four (4) policemen when they came back.
They also went to the Barangay Hall of Sta. Filomena to secure a witness to
the execution of the Job Order.
When they proceeded to the area, the wife was hysterical and she
blocked the way of the dragnet team. They saw again the bonneted man who
was encircling them. The policeman approached the bonneted man but the
latter retreated to the area. While they were propping the ladder, the
bonneted man started throwing stones at them. He just stopped when his
wife held him. So the dragnet team was able to disconnect the service drop
of said account.
The bonneted man re-appeared on-board his motorcycle, while they
were about to leave the place. He went directly towards their team and
punched the complainant. The complainant pushed the motorcycle to the
ground, and the bonneted man fell to the ground. The bonneted man was
then held by the policemen and his bonnet removed and revealed that he is
JAKE GYLLENHAAL, herein respondent.
The Medical Certificate of the complainant shows the following
diagnosis, which requires medical attention for 7-10 days:
- Contusion Left Lower Jaw.
The respondent denied the allegations in the complaint. He argued
that he was using an electrical converter to light the building. He refused the
entry of the complainant and his team because they were not armed with a
search warrant. He denied having punched the complainant.
After careful evaluation of the pleadings and evidence of both parties,
this office finds that the evidence of the complainant is sufficient to form a
well-founded belief that an offense for slight physical injury under Article
266 of the Revised Penal Code has been committed and that the respondent
may be guilty thereof and may be held for trial.
Article 266 of the Revised Penal Code provides:
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.
In the case at bar, all the elements of slight physical injuries are
present, such that the respondent inflicted physical injuries to the
complainant, which incapacitated the complainant work for ten days.
The defense of the respondent is mere denial. Mere denial as a
defense has no probative value and cannot overcome the positive assertion
of the complainant and his witnesses that the respondent punched him at his
lower jaw. His Medical Certificate likewise supports his contention.
The Supreme Court in the case of PEOPLE OF THE
PHILIPPINES vs. MARIANITO MONTERON Y PANTORAS, G.R.
No. 130709, March 6, 2002, has held tome and again that negative
assertions cannot prevail over positive testimonies of the complainant and
his witnesses, viz.:
“It is axiomatic that negative assertions cannot prevail over the
positive testimonies of credible witnesses. Thus, the accused-
appellant’s denial, not being substantiated by clear and convincing
evidence, is negative and self-serving evidence bearing no weight in
law. Moreover, the defense of denial is inherently weak and has
always been viewed with disfavor by the courts due to the facility
with which they can be concocted.”
WHEREFORE, it is respectfully recommended to the Honorable City
Prosecutor that an Information for Slight Physical Injury under Article 266,
par. (1) of the Revised Penal Code be filed against the respondent.
Done on this 23rd day of February 2023 at Iligan City.