Need Information on Slight Physical Injury Case

sir/madam

please i need help

this is the actual incident:

i boxed a police officer not on duty and in civilian attire, after i was elbowed thrice by him in a disco bar here in surigao city approx.4am yesterday the said PO told me to just wait because he will just come back, my friend brought me to a safe corner inside the disco house but no commotion or fist fight happened after i boxed the said policeman.
after around 3 to four minutes band of police officer came together with the PO i boxed.
they then brought me inside a toyota inova police car and the police officer i boxed started hitting with punches and kicks so as the other police officers who accompanied him.

when we reached the police department they dragged me inside, heading towards the lobby and they started hitting me with more punches and kick, the police officers on duty together with those who accompanied us in the transport police vehicle without any mercy boxed and kicked me inside the police station.

i sustained bruises and i experienced unimaginable pain after the incident, one noticeable is on the left eye portion.

the police officer i boxed filed a criminal complaint specifically slight physical injuries in the city prosecutors office at around 4pm same day.

we are prevented to undergo medical check up while we are in detention, and our request for police blotter entry for the incident of us being beaten by police officers was not granted.

on the morning the next day my cousin posted a bail and we are released from jail, we immediately have the incident written in the police blotter and requested for medical check up after about 39 hours after the incident.

please help me on what will i do and please answer the following question:

1. can we still file a criminal charge for light physical injuries to the policemen?

2. what is the appropriate administrative action we will file to the police officers and where?

thanks

Yes.

Secure the medico-legal certificate which will show the extent of the injuries you sustained. This is a vital piece of evidence. If you indeed sustained injuries from the police mauling, I believe it will be reflected in the medical examination even if it was conducted 39 hours after the incident. Secure also a police report (you mentioned that you have the incident written in the police blotter).

As you will be taking legal action against policemen, I suggest that you file the criminal charges directly with the Office of the City Prosecutor of Surigao. Find a lawyer who will draft your Affidavit-Complaint (as well as the Affidavits of your witness/es, if any). Then all you have to do is to go to the Prosecutor’s Office and affirm your Affidavits before a prosecutor. Do not waste time and file the criminal charges ASAP. If the prosecutor determines that the policemen merely committed a light offense, then such light offense prescribes in 2 months. Meaning, the complainant must file criminal charges within a period of 2 months from the date of commission of the crime.

File criminal charges against ALL police officers who took part in your mauling.

In addition to the charges for physical injuries, the police officers can also be held liable for “maltreatment of prisoners”. You may also want to charge them for arbitrary detention (if your can show that your arrest has no legal basis) or for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities). Note that under Art. 125, criminal charges must be filed in court against the person detained within a period of 12 hours for crimes punishable by light penalties, such as slight physical injuries which is the charges brought against you. Just indicate in the charge slip the criminal violations committed by respondents (police officers), i.e., physical injuries, maltreatment of prisoners, arbitrary detention, and violation of Art. 125 of the Revised Penal Code. In any case, it is the prosecutor who will decide what criminal charges will be elevated to the court. You will simply narrate the facts in your Affidavit-Complaint.

Though I have not read the anti-torture law..i have a gut feeling that you just suffered torture from these men in uniform....the penalty for such offense is serious per what had been written in the news paper...baka pwedend test case itong nangyari sa iyo as the law is very new..in fact last november lang ito na pirmahan!

Dear Atty,
I would like to know if when do the 2 months period of time start the counting,is it from the day stated in the medical certificate up to the filing of the criminal case in the prosecution office? what about the days that the complain was filed in the barangay will it be included?
God Bless You!

thank you,
william

it is counted from the date of the incident.

i am not aware of a declaration by the supreme court that filing in the bgy stops the counting of time, but i would argue that it does.