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-versus-
ISSUES
ARGUMENTS
I.
2.
3.
4.
5.
6.
.
B. The defendant was aware that Hora was person in
authority when she unlawfully attacked him.
1. Hora was a person in authority being a duly elected
Barangay Kagawad of Guiwanon, Baclayon as
evidenced by a copy of his Oath of Office as a
Barangay Kagawad and the Certification by the DILG
that Tyrone Hora is a Barangay Kagawad of Guiwanon
Baclayon.
2. Section 388 of the Local Government Code expanded
the definition of a PA by expressly providing that for
purposes of the RPC, the punong barangay,
sangguniang barangay members, and members of the
lupong tagapamayapa in each barangay
shall be deemed as persons in authority in their
jurisdictions. (People v. Sion, G.R. No. 109617, August
11, 1997)
PRAYER
WHEREFORE, premises considered, it is respectfully prayed
that judgment be rendered in favor of plaintiff and against defendant
by:
FINDING Maria Cielito Segovia GUILTY BEYOND
REASONABLE DOUBT FOR THE CRIME OF DIRECT
ASSAULT UPON A PERSON IN AUTHORITY under Article
148 of the Revised Penal Code when she unlawfully
attacked Tyrone Hora who was a duly elected Barangay
Kagawad of Guiwanon, Baclayon, Bohol, causing multiple
injuries upon his person. Further, it is prayed for by counsel
that actual damages of P10,000.00 be awarded to the
complainant Tyrone Hora for his hospital and medication
expenses, moral damages in the amount of P50,000.00.
Other just and equitable remedies under the circumstances are
likewise prayed for.
Tagbilaran City, Bohol, July 17, 2014