CLINICAL LEGAL EDUCATION

CRIME: UNJUST VEXATION

TEAM JURIS

PRINCESS ADRIANO
GUIA BATUNGBACAL
RIFFY MAE ANN GARADOS
JOBELLE DELA ROSA
 THEORY OF DEFENSE
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Crime: UNJUST VEXATION

1. As provided under the Complaint Statement filed by Reynalyn San Gabriel, that on
January 31, 2016 at the Barangay Hall of Brgy. Bilog, Valenzuela City, she sustained
injuries from the accused Mark John De Guzman.

The Brgy. Chairman Ricardo De Guzman issued a Brgy. Certificate in favor with the)
accused that there was NO ASSAULT happened on Jan. 31, 2016. Reynalyn San
Gabriel, being an epeleptic (see Annex D and E for PWD and Medical Certificate
issued by the Local Government of Valenzuela), experienced seizures of epilepsy on
such time. (Attached herein is a copy of Brgy. Certification- ANNEX 4)

2. According to Reynalyn San Gabriel in her complaint statement (paragraph 2c) there
was no person who witnessed such altercation between her and Mark John who could
help her in case of trouble.
She suddenly presented a witness named Jayson Guevarra who testified that on Jan.
11, 2016 around 6pm he heard someone who keeps on shouting, then he decided to
look out of, then he saw Mark John and Reynalyn’s altercation. Therefore, it is not
true to say that no one witnessed such matter, that could help her.
Another witness named Regine Gabuctan Francisco before Women and Children
Protection Desk, Valenzuela, Police Station led by PO2 Joan H. De Leon, on March
25, 2016, around 9:30pm, who was assisted by her aunt Eva Basalo, stated that, on
Jaanuary 11, 2016 at Suha St. Bilog, Balangkas, Valenzuela she witnessed the whole
incident between Mark John and Reynalyn. She testified that she was four steps away
from the plaintiff and to the accused.
It was impossible for Reynalyn that she did not noticed the presence of Regine which
was four steps away to her, to considered as a witness, to proved her innocence.
The allegations of Reynalyn that there was no person that could help her in case of
trouble is not accurate.

3. Jayson Guevarra stated that he was residing at No. 126 San Luis, San Pascual,
Obando, Bulacan.
 Such testimony of the latter, is not true, for the reason that, such altercation between
Mark John and Reynalyn happened at Suha St. Bilog, Balangkas, Valenzuela. It was
impossible for him to look out of when he was residing from San Pascual, Obando,
Bulacan.

In case at bar, statement of Jayson Guevarra as witness against the defendant is

without merit.

4. As provided under the testimony of Reynalyn San Gabriel (Sumbong-Salaysay 2h,

dated on March 23, 2016) the accused was not present during the barangay
conciliation dated as follows: February 21, 28, 2016).
Attached herein is a copy of Brgy. Certification (ANNEX 5 AND ANNEX 5.A), that
on Feb. 21 and 28, 2016 both falls on Sundays, the accused named Mark John De
Guzman and December De Guzman personally appeared before the Barangay, signed
by Mr. Ricardo De Guzman as Brgy.Chairman, with the signature of the plaintiff and
the accused.

5. Reynalyn San Gabriel said in her (Sumbong-Salaysay 2i) that the Barangay issued a
Certificate to File an Action (CFA) because of the absence of the accused during the
Brgy. Conciliaton proceedings.

The record from the barangay dated on Feb. 28, 2016, page 591 that it was Reynalyn
who talked with the Brgy. Councilor Onyong about the CFA. The Brgy. Councilor
then issued a CFA order upon the request of Reynalyn, but not because of the alleged
absence of the accused.

6. Reynalyn pointed out from her (Kontra-Salaysay) that nothing on Mark John’s
allegations was true, that on Jan. 11, 2016 she spot at his child and shouted invective
at him and his son, because according to her she was at Obando, Bulacan until 5pm.

Therefore, since Reynalyn was not present on Jan. 11, 2016 at the Suha St. Brgy.
Bilog, Valenzuela then there is no proof that there was altercation happened between
her and Mark John on Jan. 11, 2016.