Republic of the Philippines

Department of Justice

NATIONAL PROSECUTION SERVICE

OFFICE OF THE CITY PROSECUTOR

Zamboanga City

JUAN KAWAWA

NPS DOCKET NO: Complainant,

IX-08-INQ-15A-XY12

-versus-

-for-

PEDRO BALASOBAS

SLIGHT PHYSICAL INJURYRespondents.

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RESOLUTION

Pursuant to Section 8(a), Rule 112 of the Revised Rules of Criminal Procedure, as amended, undersigned will hereinafter resolve the complaint solely based on the evidence of the complainant and the respondent.

Complaint allege that on December 1, 2014 at 12 noon, more or less at Busog Lusog Carenderia, Guiwan, Zamboanga City, respondent suddenly boxed the right side back portion of complainants head without no reason at all. Thereafter, Respondent desisted and left. However, the complainant sustained an injury that required medical treatment of less than nine (9) months. After carefully reviewing the records of the foregoing complaint, the undersigned prosecutor finds that the allegations of the complaint bore out the crime of Slight Physical Injury. Respondents manner of attacking the complainant from behind and then for him to voluntary leave the latter are external manifestations that fell short of intent to kill, so that, a Frustrated Homicide can be filed. Moreover, there is also no basis to consider any stages of the crime of homicide since the respondent, without performing all the acts of executions, voluntarily desisted in pursuing his physical assault against the Complainant.

Nevertheless the complaint was able to substantiate that Complainant suffered injuries as a result of the attack done by the Respondent and which requires the healing period of less than nine (9) days and which constitute the criminal act of slight physical injury.WHEREFORE, premises considered, the undersigned prosecutor recommends that the filing of Slight Physical Injury against respondent Pedro Balasobas.

Let therefore the corresponding information be so filed against the respondent before the proper court.Zamboanga City, Philippines, January 20, 2015SHERMA TOTOH AHMAD

Associate City Prosecutor

Approved by:

SOCRATES PABAYO VILLOTA

City Prosecutor

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