Serious Physical Injuries

Good day! Please we badly needed your legal advice. We have a brother who was charged with serious physical injuries sometime in November 2007. We received the subpoena last January 2008. We have a lawyer friend at PAO Manila and he advised our brother not to prepare counter affidavit anymore. According to him, if my brother will provide counter affidavit, the complainant will surely submit a reply-affidavit. With that, the case will just be prolonged. At the moment po, ongoing ang hearing sa Metropolitan Trial Court. Is it still okey if our brother will no longer submit his counter affidavit? The last time they had hearing this August, the complainant is supposed to present his witness but the witness was not ready to testify. The court then reset the trial this October. Is it true that if after two consecutive hearings that the complainant has failed to present any witness, will this be a cause for the court to dismiss the case? How many years will this kind of case run? Please help us in this matter. We greatly appreciate whatever useful information you may share. God bless

since your bro did not submit a counter affidavit (during the preliminary investigation stage), the investigating officer or prosecutor resolved the complaint based on the evidence presented by the complainant. The prosecutor found that there is probable cause that your bro committed the crime kaya na file na ung case sa MTC. The preliminary investigation is already over hence he can no longer submit a counter affidavit. He may testify in open court when he takes the witness stand those things which he may have stated in his counter affidavit.

It is not true that the mere failure of the complainant to present his witness after two consecutive hearings is a ground for dismissal of the. While an accused has the right to speedy trial, the following facts are to be considered if right to speedy trial has been violated:

1. length of the delay
2. reason for the delay
3. the accused’s assertion or non assertion of the right
4. prejudice to the accused resulting from the delay.

Some Rules on Speedy Trial
The limitation of this right is that the State must not be deprived of its day in court and the right of the
State and the prosecution of due process must be respected. There is NO violation of the right where the delay is
imputable to the accused. (Solis v. Agloro, 64 SCRA 370)

The right to a speedy trial is violated when there are UNJUSTIFIED postponements (People v. Declaro, 170 SCRA 143)

A speedy trial is one conducted according to the law of criminal procedure and the rules and regulations, free from vexatious, capricious and oppressive delays. The primordial purpose of this constitutional right is to prevent the oppression of an accused by delaying criminal prosecution for an indefinite period of time.

The right of an accused to speedy trial is not violated by the mere postponement of scheduled hearings of the case. Unjustified postponements which prolong the trial for an unreasonable length of time are what offend the right of the accused to speedy trial. The right to speedy trial allows reasonable continuance so as not to deprive the prosecution its day in court.

tnx for the reply. tanong ko lng din po kung ano mangyayari if the prosecution fails to present the attending physician na nanggamot at nakapangalan sa affidavit ng complainant?

Thank you so much atty. for your immediate response. We would like to know what happens if the prosecution fails to present the attending physician na nanggamot at nakapangalan sa affidavit ng complainant? Our bro was charged with serious physical injuries because he punched on the head part of the complainant. But this was in self defense because the complainant was the first one to attack our bro. Aside from that, before this case happened, the complainant was too boastful broadcasting his alleged wealth even the many women he has engaged with. Worst was in front of my bro's girlfriend, the complainant was too obscene by saying that he has a big genitals which made our bro get pissed.

Attorney, please have time to scrutinize our brother's case. We thank you so much for sharing your knowledge.

^^ If the doctor would not be presented the prosecutor will be having a hard time to prove the case against your brother. I submit that the doctor is very vital to the case because he has the first hand knowledge as to the degree of injury that was inflicted upon the complainant. Kung ganon baka ma dismiss yung kaso nyo. Pero syempre tetistigo pa rin yung nasuntok..who will testifythe fact that he was punched.but then again how will you prove the crime of serious physical injuries kung walang doctor di ba, at most opinion lang ng isang layman sa medical matters and magtetestigo which is in my POV is purely speculative and therefore inadmissible.

Atty., thank you very much for your reply. This forum is absolutely a big help. We just hope that this case will come to its end soon. Our brother is really having a hard time to look for a job because of this pending case. He is actually a registered criminologist and this profession of him is probably the reason why he sometimes can't control his anger over the animalistic behavior of his opponents.

Again, many thanks.. God speed!

I agree with boss Admiral Thrawn. If the attending physician does not testify in court, the medico-legal report shall be considered as mere hearsay hence inadmissible as evidence

We are so grateful for your invaluable help. May God bless you always.

Atty., we have a follow-up question please. Does the court allow the complainant to change his/her complaint affidavit?

Yesterday, the complainant has presented his witness in the court hearing. The witness has uttered some statement in contrary of the contents of the complaint affidavit. The witness told the court that he saw my brother punching out the complainant. It was mentioned in the counter affidavit that that particular person was actually out-of-scene when the incident happened because before my brother hit the complainant, that person went away from the area.

And after the hearing, the witness approached my brother and told him "Napag-utusan lang." This only shows that the witness was paid by the complainant just to fabricate stories.

Please atty., advise us what to do next. My bro's PAO lawyer seems not minding much on the case. We just hope that during the cross examination, the lawyer will give his best to throw mind-boggling questions to the witness. By the way Atty., the witness is a minor one who has a pending juvenile case in the barangay.

Thank you and more power! God bless you.

attorny gud am,

panu po ba gagawin nmin kc po ung tita q n bangga ng motor at ayaw panagutan

nag karuon po ng arrangement sa traffic office n sasagutin po nila ung medical bills ng tita q pero n isang suport wa opo cla binigay.. noh po ba gagawin po nmn thanks

you can initiate a criminal complaint for reckless imprudence resulting in injury. ask the police if they can still endorse the case, otherwise you have to file it directly at the prosecutor's office.

Atty.my tanong po sana aq sana po magreply kayo 2x po ksi aq d nakakapunta sa hiring q kc po ngtrtrabaho po aq para makabayad sa nagsampa ng kaso skin magkakawarant po b aq agad?? Slight pysical injury po kaso q.

Atty.Ano po ang hatol sa kasong kagaya po ng skin?