Case Digest (G.R. No. 192150)
Facts:
Federico Sabay, G.R. No. 192150, October 01, 2014, Supreme Court Second Division, Brion, J., writing for the Court. The petitioner, Federico Sabay, sought review of the Court of Appeals decision dated October 23, 2009 and resolution dated March 22, 2010 (CA-G.R. CR No. 31532) affirming his conviction for two counts of slight physical injuries.On June 12, 2001, while petitioner and his daughter Erlinda Sabay were working on the property of Godofredo Lopez, a verbal altercation arose over an alleged intrusion. During the exchange Erlinda struck Godofredo on the head with a hard object; petitioner threw a stone at Godofredo, breaking his eyeglasses, and both allegedly shouted threats. Jervie Lopez intervened and was hit on the hand with a bolo. Medico-legal certificates dated June 12, 2001 showed a contusion on Godofredo’s left parietal area and an abrasion on his left cheek; Jervie sustained a wound on his right palm.
On June 13, 2001 Godofredo and Jervie filed a complaint before the barangay. A meeting before the Lupon produced a Kasunduang Pag-aayos dated June 20, 2001, but that agreement was conditioned on a building inspector’s recommendation and was not implemented. The barangay thereafter issued a Certification to File an Action, indicating no settlement was reached, and the complainants pursued criminal charges.
Petitioner was charged before the Metropolitan Trial Court (MTC) with two informations for Physical Injuries (Criminal Case Nos. 209934 and 209935) and, jointly with Erlinda, with Light Threats (Art. 285, RPC). Both accused pleaded not guilty. At trial the prosecution presented eyewitnesses Rodolfo Lata, Sr., Dina Perez, Godofredo, Jervie, and Dr. Melissa Palugod; the defense presented petitioner and two lay witnesses. Petitioner admitted hitting Godofredo but claimed self-defense, alleging earlier unlawful aggression (an iron bar blow and a .38-caliber shot by Jessie, Godofredo’s son).
The MTC convicted petitioner of two counts of slight physical injuries and dismissed the light threats as absorbed; it sentenced him to eleven days’ imprisonment for each count and rejected his self-defense plea for lack of proof. The Regional Trial Court (RTC) of Caloocan City, Branch 126, affirmed the MTC decision. On appeal, the Court of Appeals (CA) in a decision penned by Associate Justice Marlene Gonzales-Sison dated October 23, 2009 affirmed the RTC, ruling that (a) the Certification to File an Action was admissible despite the lack of a formal off...(Subscriber-Only)
Issues:
- Did the MTC have jurisdiction over the criminal cases given the alleged inadmissibility or invalidity of the Barangay’s Certification to File an Action (and the asserted prior settlement embodied in the Kasunduan) under the conciliation procedures of Presidential Decree No. 1508?
- Did the RTC and the CA err in finding the petitioner guilty and in rejec...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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