Beruflich Dokumente
Kultur Dokumente
s
Quezon City )
COMPLAINT-AFFIDAVIT
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to pay the former in the amount of Php200, 000.00 to the
respondents.
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remained quiet and calm, for again, they understood the
said unwelcoming behaviour.
17. Initially, the complainant asked for the first time the
respondent, Ano po ba ang problema ninyo saamin?
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22. Suffice it to say that respondents CHERYL LAMPONG
and ANTHONY MONTALVO, conspiring together, willfully,
unlawfully and feloniously attack, assault, and employ
personal violence upon the person of ANNA JOY
SORIANO, thereby inflicting upon her physical injuries
which required medical attendance for less than nine (9)
days.
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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.
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32. As a result of which, the complainant was incapacitated
for less than 9 days, reflecting the duration of medical
attendance indicated in the medico legal slip, proving the
violation of Art. 266 of the Revised Penal Code by the
respondents.
2 People of the Philippines vs. Sandiganbayan and Jose Jinggoy Estrada, G.R.
No.158754, August 10, 2007.
3 People v. Ponce, G.R. No. 126254, September 29, 2000, 341 SCRA 352, 361.
4 People v. Del Rosario, G.R. No. 127755, April 14, 1999, 305 SCRA 740, 755.
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some complete whole. If it is proved
that two or more persons aimed by
their acts towards the accomplishment
of the same unlawful object, each doing
a part so that their combined acts,
though apparently independent,
were in fact connected and
cooperative, indicating a closeness
of personal association and a
concurrence of sentiment, a
conspiracy may be inferred though no
actual meeting among them to concert
is proved. That would be termed an
implied conspiracy. (Underscoring
ours)
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38. Such circumstances was similar in the case of People
vs. Vega5 citing the case of People vs. Campa6, putting in
plain words the conspiracy committed by siblings in the
commission of a crime, to wit:
5 People of the Philippines vs. Carlos Patrolla , Jr. y Vega, G.R. No. 112445,
march 7, 1997.
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41. Ultimately, an aggravating circumstance of Abuse of
Superior Strength was attendant in the incident concerning
the physical constitutions of the 2 assailants-respondents
and the weaker victim as to age and size.
43. The facts of the case reveal that there was a huge
disparity about the size of the complainant considering that
she was only 18 years old at the time of the incident
having a typical body size of a Filipino, while the respondent
CHERYL LAMPONG was 43 years old having also the built of
a strong matured and adult woman to engage in a brawl
with a teenager.
8 Ramie Valenzuela vs. People of the Philippines, G.R. No. 149988, August 14,
2009.
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45. To shed light, the recent 2014 case of People vs.
Duran and Arco11, was instructive on this point citing the
case of People vs. Bediya12 stating inter alia, thus:
11 People of the Philippines vs. Arnel Villalba y Duran and Randy Villalba y
Sarco, G.R. No. 207629, October 22, 2014.
12 People v. Beduya, G.R. No. 175315, August 9, 2010, 627 SCRA 275, 284.
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Art. 2217. Moral damages include
physical suffering, mental anguish,
fright, serious anxiety, besmirched
reputation, wounded feelings,
moral shocks, social humiliation,
and similar injury. Though incapable
of pecuniary computation, moral
damages may be recovered if they are
the proximate result of the defendant's
wrongful act or omission.
13 People v. Flores, G.R. Nos. 143435-36, November 28, 2003, 416 SCRA 612
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49. The case of People vs. Villacorta14 citing the case of
Aradillos vs. Court of Appeals15 and People vs. Loreto16,
expounds that:
14 People of the Philippines vs. Orlito Villacorta, G.R. No. 186412, Septemper
7, 2011.
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52. That, I am executing this COMPLAINT AFFIDAVIT to
attest to the truth of the foregoing facts and to hereby give
due course to my verified complaint to prosecute the
respondent as justice and fair play demands.
JAZEN TOLENTINO
Complainant-Affiant
____________________
Office of City Prosecutor
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