Can damages be filed against the Plaintiff during case...

Hi Good Day Sir/ Ma'am,

There is this one person currently charged with "Direct Assault in Person of Authority". Though charged was made because he tried to block (stood in between the Barangay Captain and the accused who is being mauled),he tried to pacify the Barangay Captain in short. However,different story was fabricated and charge was pressed both against the accused and this person (Mark) who tried to pacify the Chairman. They were inquested and imprisoned for three days and temporarily freed after posting bail.

They've been on case-hearing for about one year now, and during these times, Mark have been leaving for work to attend those hearings plus the absenses incurred while in jail upon inquest. He travels from Cavite to Pangasinan just to attend the hearings.

In about roughly 3 to 5 months (since the Plaintiff had only 1 left out of 4 witnesses to stand in court) there case may reach the verdict.

Mark's question Attorney is, can he file case against the Barangay Captain / Plaintiff while the hearing procedures are still ongoing? If so, what particular charges can be filed against the Barangay Captain particularly on the monetary losses due to absences/ leaves. And in effect, those absences was detriment to his grade he received from his work- evaluation which is the basis of his salary increase?
- How about the moral damages inflicted both the his community and work place?



>> One more thing Attorney, 2 municipal police officers testify in court for the Barangay Captain saying that they were the one who responded on the scene when the Captain called at the Station. They uttered in court stories created by them saying the 2 accused and the Barangay Captain were still exchanging hated words when they arrived, yet the truth was, neither of the 2 offivers came at the scene. Instead they were just the ones who made the blotter in the precinct. There were 4 policemen who came at the Scene but have not testified.

What case can be filed against these 2 false witnesses who testified under oath with their uniforms Attorney? And where should he file po?


Thank you Attorney. Please advise...

regards.

he should wait until he is acquitted, and even so I don't believe his complaint will prosper. remember, it was the prosecutor who charged him with the offense.

you will have to prove that they lied under oath and that is very difficult. he should first focus on getting acquitted.

remember that these are all govt officials. their testimony is presumed true under the presumption of regularity and you will need to provide clear and convincing evidence that they are lying.

attyLLL wrote:he should wait until he is acquitted, and even so I don't believe his complaint will prosper. remember, it was the prosecutor who charged him with the offense.

you will have to prove that they lied under oath and that is very difficult. he should first focus on getting acquitted.

remember that these are all govt officials. their testimony is presumed true under the presumption of regularity and you will need to provide clear and convincing evidence that they are lying.

Hi Attorney, Thank you for the clarification..

We would like to ask further Attorney that if the accused have no other witness to stand proving there innocence, or witness that could prove that the Captain did really boxed the first suspect and Mark being hit on the right eye as he tried to pacify the chairman, aside from there medical records would it be acceptable in the court attorney? Will the medical certificate add substance to the defense?

In line with the case filed against the accused Attorney, "Direct Assault in Person of Authority", what is the usual verdict po if the court convicts the accused? Some say it's 2 years & 2 months imprisonment while other lawyer say "probation" ... What is really the usual verdict po ba? and or what are the underlying circumstances?

Lastly po, I tried some research on the grounds of "Direct Assault... charge, there were some grounds, points given so that an accused be convicted... Shall all the grounds constitute to reach the conviction, or pwede na po either of the conditions/ element present e pwede ng ma-convict ang isang accused?

Thank you Attorney and best regards.

The penalty for direct assault depends on the manner that it was committed.

When the assault is committed with a weapon or when the offender is a public officer or employee, or when the offender lays hands upon a person in authority, the penalty is prision correccional in its medium and maximum periods (from 2 years, 4 months and 1 day to 6 years) and a fine not exceeding P1,000 pesos;

If none of above-mentioned circumstances are present, the penalty of prision correccional in its minimum period (from 6 months and 1 day to 2 years and 4 months) and a fine not exceeding P500 pesos shall be imposed.

Probation is not a penalty but is a disposition under which an accused, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer. Upon application of the accused, the execution of sentence is suspended in the meantime.

wolverine wrote:The penalty for direct assault depends on the manner that it was committed.

When the assault is committed with a weapon or when the offender is a public officer or employee, or when the offender lays hands upon a person in authority, the penalty is prision correccional in its medium and maximum periods (from 2 years, 4 months and 1 day to 6 years) and a fine not exceeding P1,000 pesos;

If none of above-mentioned circumstances are present, the penalty of prision correccional in its minimum period (from 6 months and 1 day to 2 years and 4 months) and a fine not exceeding P500 pesos shall be imposed.

Probation is not a penalty but is a disposition under which an accused, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer. Upon application of the accused, the execution of sentence is suspended in the meantime.

Good Day Attorney. May we ask a follow up question Sir regarding the case.. If ever convicted (we hope & pray should not), what are the possible reasons or conditions so that the court will allow the release of the accused and will undergo probation? Example, if the accused have a permanent job? Will it be granted to him or denied?

Another thing Attorney, could you please clarify what does " laying of hands" means? The Assault charged was committed without any weapon... The first suspect allegedly held the Barangay Captain's collar and the second suspect went in between the Barangay Captain and the first suspect with hands stretched out (nakadipa) facing the Captain who is mauling the first suspect... The second suspect then embraced the Barangay Captain after the 2 were separated and pacified. Will the second suspect considered/ qualified in the word " laying of hands" Attorney?

If not, please explain how is the "laying of hands qualified?

Thank you Attorney..

you can get more info on probation here:
http://www.chanrobles.com/presidentialdecreeno968.htm
http://www.chanrobles.com/presidentialdecreeno1990.htm

laying of hands is literally putting your hands on the person of authority. it is a sign of disrespect.

attyLLL wrote:you can get more info on probation here:
http://www.chanrobles.com/presidentialdecreeno968.htm
http://www.chanrobles.com/presidentialdecreeno1990.htm

laying of hands is literally putting your hands on the person of authority. it is a sign of disrespect.

Hi Attorney, Thanks again for the immediate reply..

Would this also mean that what Mark had done (Pacifying the Barangay captain as he saw him mauling the first accused), arms stretched and pleading to the captain to stop and then eventually embraced the Barangay Captain because they personally know each other and once were close neighbors- still qualify him to the said ground, laying of hands that would convict him to Assault Attorney?

Thanks & regards...

of course your version shows that it was not assault. i hope he is able to convince the judge that this was what really happened.

attyLLL wrote:of course your version shows that it was not assault. i hope he is able to convince the judge that this was what really happened.

I also hope so Attorney.. Thanks a lot & more Power to all of you....