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Republic of the Philippines

Department of Justice
National Prosecution Office
City Prosecutor’s Office
City of Naga

RICKY ADORZE NPS V INV -10-17C


Complainant, For: SERIOUS PHYSICAL INJURY
-versus –

RONALDO ADORZE
Respondent

x-------------------------------------------------x

RESOLUTION

Submitted for a resolution is acomplaint for violation of Article 263 par 4 of the Revised
Penal code. The complaint was filed on August 31 2017 but was assigned to the herein-
investigating Prosecutor on Sept 5 2017 . A subpoena was sent to the respondent on Sept 10
2017 for him to submit his counter affidavits and the affidavits of his witness,if any, to rebut the
allegation of the complainant within period required by the rule The Respondent, RONALDO
ADORZE, was charged of the crime of SERIOUS PHYSICAL INJURY in the complaint filed by RICKY
ADORZE. The respondent submitted his counter affidavit on Sept 12 2016 and that of his
witness in the same date

STATEMENT OF FACTS

That on or about 10:15 pm while they were inside their house the person of Ronald
Adorze, married, resident of same barangay due to old grudge went at their house and shouting
at the top of his voice challenging everyone for a fight and after a while he left the place but
after several minutes when he returned he was already armed with a knife and while the said
person in the front of their house he kicked the pedicab for several times promptly his father
Ricky Adorze y Lim, 42 years old, married, of the same place went outside but he was stabbed
by his brother on his way out. On that juncture, upon seeing the incident by brother Ramon
Adorze, Ricky Adorze, 15 year old Monching Adorze and 15 year old Ricky Adorze by helping
one another mauled Ronaldo Adorze, Ricky Adorze sustained stabbed wounds and was brought
to Mother Seton Hospital for treatment while his brother Ronaldo Adorze sustained physical
injuries on the different parts of his body and was brought to BMC for medical treatment.
However, in the filed of the respondent Ronaldo Adorze, he allegedly denies all the
accusations which is being thrown to him by the complainant.

DISCUSSION

The respondent is charge of the crime of serious physical injuries as defined: Serious Physical Injury
generally defined by our penal law Art. 263. Serious physical injuries. — Any person who shall
wound, beat, or assault another, shall be guilty of the crime of serious physical injuries and shall
suffer:

1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the injured
person shall become insane, imbecile, impotent, or blind;

2. The penalty of prision correccional in its medium and maximum periods, if in consequence of
the physical injuries inflicted, the person injured shall have lost the use of speech or the power
to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost
the use of any such member, or shall have become incapacitated for the work in which he was
therefor habitually engaged;

3. The penalty of prision correccional in its minimum and medium periods, if in consequence of
the physical injuries inflicted, the person injured shall have become deformed, or shall have lost
any other part of his body, or shall have lost the use thereof, or shall have been ill or
incapacitated for the performance of the work in which he as habitually engaged for a period of
more than ninety days;

4. The penalty of arresto mayor in its maximum period to prision correccional in its minimum
period, if the physical injuries inflicted shall have caused the illness or incapacity for labor of the
injured person for more than thirty days.

On the assumption that Joefil Sam, the respondents witness, alleging that he saw the
respondent and his nephew going outside the gate of the respondents house is a false
statement because the said witness is at that time already inside their house and that the
statement of the other witness Larry Marcesa is also a false statement baecuse he had already
left the said place without noticing said commotion, so it is impossible for the two of them to
say some facts as evidence to the event.
Under Article 263 par 4 of the Revised Penal Code provides that: The penalty of arresto mayor in
its maximum period to prision correctional in its minimum period ,if the physical injuries
inflicted shall have caused the illness or incapacity for labor of the injured person for more than
30 days.
The fact of the case before us squarely falls under the crime of Serious physical injury

WHEREFORE, IN VIEW OF TE FOREGOING, it is most respectfully recommended that


information for the crime of SERIOUS PHYSICAL INJURY be filed against the respondent
Ronaldo Adorze.

SO RESOLVED

Naga City, Sept ___, 2017

William Henry
Assistant City Prosecutor

Approved By:

Robert Dandal
Chief City Prosecutor
University of Nueva Caceres

College of Law

J Hernandez Ave. Naga City

In partial Fulfillment of the requirements in the


subject

Practicum II

Prepared by: Rahzel Anthony B. Sumpay

Submitted to: Prosecutor Marrietta Ascaraga

September 23, 2017

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