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On (date), I (bought, leased, rented, or had repaired) a (name of the product, with serial or
model number, or service performed) at (location and other important details of the
transaction).
Unfortunately, your (product or service) has not performed well (or the service was
inadequate) because (state the problem). I am disappointed because (explain the problem:
for example, the product does not work properly; the service was not performed
correctly; I was billed the wrong amount; something was not disclosed clearly or was
misrepresented; etc.).
To resolve the problem, I would appreciate your (state the specific action you want:
money refunded, charge card credit, repair, exchange, etc.). Enclosed are copies (do not
send originals) of my records (include receipts, guarantees, warranties, canceled checks,
contracts, model and serial numbers, and any other documents).
I look forward to your reply and a resolution to my problem and will wait until (set a time
limit) before seeking help from a consumer protection agency or the Better Business
Bureau. Please contact me at the above address or by phone at (home and/or office
numbers with area code).
Sincerely,
Your name
Enclosure(s)
Share This Pa
Your Address
Your City, State, ZIP Code
(Your email address, if sending via email)
Date
Name of Contact Person (if available) Name of Contact Person (if available) Name of
Contact Person (if available)
Title (if available) Title (if available) Title (if available)
Company Name Company Name Company Name
Consumer Complaint Division (if you have no specific contact) Consumer Complaint
Division (if you have no specific contact) Consumer Complaint Division (if you have
no specific contact)
Street Address Street Address Street Address
City, State, ZIP Code City, State, ZIP Code City, State, ZIP Code
On (date), I (bought, leased, rented, or had repaired) a (name of the product, with serial or
model number, or service performed) at (location and other important details of the
transaction). On (date), I (bought, leased, rented, or had repaired) a (name of the product,
with serial or model number, or service performed) at (location and other important
details of the transaction). On (date), I (bought, leased, rented, or had repaired) a (name of
the product, with serial or model number, or service performed) at (location and other
important details of the transaction).
Unfortunately, your (product or service) has not performed well (or the service was
inadequate) because (state the problem). I am disappointed because (explain the problem:
for example, the product does not work properly; the service was not performed
correctly; I was billed the wrong amount; something was not disclosed clearly or was
misrepresented; etc.). Unfortunately, your (product or service) has not performed well (or
the service was inadequate) because (state the problem). I am disappointed because
(explain the problem: for example, the product does not work properly; the service was
not performed correctly; I was billed the wrong amount; something was not disclosed
clearly or was misrepresented; etc.). Unfortunately, your (product or service) has not
performed well (or the service was inadequate) because (state the problem). I am
disappointed because (explain the problem: for example, the product does not work
properly; the service was not performed correctly; I was billed the wrong amount;
something was not disclosed clearly or was misrepresented; etc.).
To resolve the problem, I would appreciate your (state the specific action you want:
money refunded, charge card credit, repair, exchange, etc.). Enclosed are copies (do not
send originals) of my records (include receipts, guarantees, warranties, canceled checks,
contracts, model and serial numbers, and any other documents). To resolve the problem,
I would appreciate your (state the specific action you want: money refunded, charge card
credit, repair, exchange, etc.). Enclosed are copies (do not send originals) of my records
(include receipts, guarantees, warranties, canceled checks, contracts, model and serial
numbers, and any other documents). To resolve the problem, I would appreciate your
(state the specific action you want: money refunded, charge card credit, repair, exchange,
etc.). Enclosed are copies (do not send originals) of my records (include receipts,
guarantees, warranties, canceled checks, contracts, model and serial numbers, and any
other documents).
Court Staff: Please Rise. The Court is now in session, The Honorable Judge Maria
Clarita Casuga Tabin presiding.
Judge: Please be seated. Please call the case.
Court Staff: Criminal Case No. 136930, People of the Philippines Versus Grace Benito
Anton, for Slight Physical Injuries now comes for hearing.
Judge: Counsels make your Appearance.
PROSECUTION:
Prosecutor 1: Your Honor, I am Atty. Michelle Joy Concepcion, appearing under the
direct control and supervision of the Public Prosecutor.
Prosecutor 2: Your Honor, I am Atty. Sheryll Lerry Antido, appearing under the direct
control and supervision of the Public Prosecutor.
Prosecutor 3: Your Honor, I am Atty. Joyce Fe Magannon, appearing under the direct
control and supervision of the Public Prosecutor.
Prosecutor 4: Your Honor, I am Atty. Rea Jane Moreno, appearing under the direct
control and supervision of the Public Prosecutor.
DEFENSE:
Defense Lawyer 1: Respectfully appearing for the defense, Your Honor, I am Atty. John
Cris Gaayon.
Defense Lawyer 2: Respectfully appearing for the defense, Your Honor, I am Atty.
Moises Fortunato.
Defense Lawyer 3: Respectfully appearing for the defense, Your Honor, I am Atty.
Jeffrey Reyes.
Defense Lawyer 4: Respectfully appearing for the defense, Your Honor, I am Atty. Gil
Jan Ganon.
Judge: Are you ready for the arraignment of the accused, preliminary conference and
pre-trial?
Prosecution: Yes your Honor.
Defense: Yes your Honor.
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ARRAIGNMENT:
Complainant
in your direct, you said that on April 1, 2016 at around (4 pm?), you
Defense counsel were walking when you passed by the sari-sari store where the
respondent and his friend were, am I correct?
Complainant
were you walking fast or slowly at the time?
Defense counsel
Complainant
As you were walking, the respondent followed you… correct?
Defense counsel
Complainant
What can you observe in his behavior when he is following you if
Defense Counsel
any?
Complainant
How can you tell that when you are not facing him. Did you look
Defense Counsel
behind?
Complainant
Defense Counsel When he finally keep up with you, what did he do?
Complainant
Defense Counsel What did he say?
Complainant
Defense Counsel Can you remember exactly what he said?
Complainant
Defense Counsel Did someone hear what he said aside from you?
Complainant
Defense Counsel What made you believe that she heard that?
Complainant
Defense Counsel What is the witness doing at that time?
Complainant
Defense Counsel You said the respondent heckled you. What do you mean by that?
Complainant
Defense Counsel What do you think is the reason why the respondent do that?
Complainant
Defense Counsel How can you say that? Did he tell you the reason?
Complainant
Defense Counsel He did not explain?
Complainant
Do you think he got mad because as you admitted, you purporsely
Defense Counsel
ignored him?
Complainant
Defense Counsel Can you recall/remember how many times?
Complainant
Defense Counsel can you tell how hard?
Complainant
Defense Counsel Saan ka tinamaan?
Complainant
Defense Counsel Did it hurt?
Complainant
Defense Counsel Can you tell how hard/strong?
Complainant
Defense Counsel How do you feel?
Complainant
Defense Counsel After that what did you do?
Complainant
Defense Counsel When did the neighbors interfere? What did they do exactly?
Complainant
Defense Counsel They pulled you off correct?
Complainant
Defense Counsel You fell to the ground correct?
Complainant
Defense Counsel Why did you fall?
Complainant
Defense Counsel You fell hard correct?
Complainant
Defense Counsel Are you out balanced?
Complainant
Defense Counsel And you bumped you head hard on the pavement. Correct?
Complainant
Defense Counsel What did you feel?
Complainant
Defense Counsel After that…
Complainant
When you are out balanced, you mean to say you lose control over
Defense Counsel
your body movement? Am I right?
Complainant
Defense Counsel you lost consciousness…
Complainant
Defense Counsel How long you’ve been absent from work?
Complainant
Judge
Prosecution
Judge
Your Honor, I would like to call Mrs. Charm Lascota to the witness
Prosecution counsel
stand.
Judge Swear in the witness.
Raise your right hand. Do you swear to tell the truth, the whole truth
Clerk of Court
and nothing but the truth?
Witness (Complainant) I do.
Interpreter Please state your name and other personal circumstances.
I am CHARM LASCOTA, 61 years old, married, and a resident of
Witness (Complainant)
Purok 1, Barangay Binitayan, Daraga, Albay.
Clerk of Court The witness is now ready, your Honor.
Judge Prosecution counsel, your witness is now ready.
With the kind permission of the Honorable Court, we are offering the
testimony of this witness to prove the material allegation in the
criminal information and the same person is the witness in this case,
Prosecution counsel that she saw how the accused assaulted the victim; to identify the
perpetrator and likewise to identify the affidavit she executed in
relation to this case and to testify on other matters relative thereto,
Your Honor.
Judge Any comment defense counsel to the offer?
Defense counsel We reserve our right to conduct cross-examination, Your Honor.
Judge You may now proceed.
Prosecution counsel You said in narration of your personal circumstance that your name is
CHARM LASCOTA?
Witness #2 Yes, ma’am. I am the same person.
Prosecution counsel Do you personally know the plaintiff in this case?
Witness #2 Yes ma’am.
Prosecution counsel How do you know her?
Witness #2 She is the daughter of my amiga.
Prosecution counsel Do you know LEO SIRIOS, Jr., the accused in this case?
Witness #2 Yes ma’am.
Prosecution counsel How do you know him?
Witness #2 He has been my neighbor for years.
The plaintiff is accusing respondent for less serious physical injuries
Prosecution counsel
caused by the latter’s assault in her person. Are you aware of this?
Witness #2 Yes ma’am.
Prosecution counsel How so?
I saw Leo Sirios attack Rizza in front of our house that evening. I was
Witness #2
also the one who took Rizza to the hospital when she was passed out.
Prosecution counsel Do you recall executing a judicial affidavit in relation to this case?
Witness #2 Yes, ma’am.
I present to you this Judicial Affidavit, will you kindly tell this
Prosecution counsel honorable court if this is the same Judicial Affidavit that you
executed? (shows the document to witness)
(Looks at the document) Yes ma’am, that is the judicial affidavit I
Witness #2
executed.
May I manifest your honor that this medical certificate was marked
during preliminary conference as Exh. “A” and page 2 as Exh. “A-1”
and page 3 as “A-2. I am adopting the said marking your honor as the
same exhibit.
Prosecution counsel
May I likewise pray your honor that the printed name and the
signature appearing above the printed name which was duly identified
by this witness as her signature be bracketed and marked as Exh. “A-
1-1”.
Judge Mark it accordingly.
Prosecution counsel That would be all, Your Honor.
CROSS-EXAMINATION BY DEFENSE COUNSEL
Judge Cross-examination by the defense?
Defense counsel Just a few questions, Your Honor.
Judge Subject to cross. Proceed.
With the kind permission of this honorable court.
Defense counsel
kilala mo ba ang nasasakdal
Witness (Complainant) opo kilala ko po sya. matagal n kaming magkapitbahay
Defense counsel Ano ang ginagawa mo nung mga sandaling iyon
Witness (Complainant) Nagwawalis ako s harap ng bahay
Defense counsel Ano ang nakitang mong nangyari
Napalingon ako nang narinig ko si Sirios na sinisigaw ang pangalan ni
Witness (Complainant)
Rizza at si Rizza naman ay mabilis n lumalakad palayo sakanya
Defense counsel Gaano ka kalayo nung nagana pang mga pangyayari
Witness (Complainant) Mga 5 metro po
Base s iyong sinumpaang salaysay sinabi si Sirios kay Rizza na:
Defense counsel “Pucha ka, ika ang rason kung nata nag-wal kami buda nilayasan ako
kan agom ko” Tama ba
Witness (Complainant) Opo.
Defense counsel At narinig mo ito nung nabanggit ito ni Sirios
Witness (Complainant) Uhm…sabi kc ni ano…na pinagmumura daw si Rizza
Ang ibig sabihin hindi mo naman talaga narinig si Sirios na sinabi
Defense counsel
iyon. Tama ba
Witness (Complainant) Hindi po, sinabi lang poi yon sakin ng aming kapitbahay
Defense counsel Bukod doon ano pa ang nakita mo
Tumalikod na po nun si Rizza at nakita ko si Sirios na hinila niya sa
Witness (Complainant)
buhok si Rizza
Defense (counsel) Paano mo nasabi na hinila sa buhok si Rizza
Witness (Complainant) Nakita ko po na hawak ni Sirios ang buhok nya
Defense (counsel) Kapag nakahawak n ba s buhok hinihila n agad
Witness (Complainant) Uhm…depende po
Defense (counsel) Ibig sabihin hindi ka sigurado
Witness (Complainant) Opo.
Defense (counsel) Anong ginawa ni Rizza
Witness (Complainant) Nakita ko po na humarap sya at sinampal nya si Sirios sa mukha
Defense (counsel) At ano naman ang reaksyon ni Sirios
Witness (Complainant) Nagalit po at hinawakan nya ang kamay ni Rizza sabay suntok po dito
Defense (counsel) Natumba ba si Rizza nung sinuntok sya.
Hindi po, pero s pagkaka-alala ko po ntaumba sya nung inawat n sila
Witness (Complainant)
nung mga kapit bahay naming dahil nabitawan n sya ni Sirios
Defense (counsel) At anong nagyari pagkatapos nun
Witness (Complainant) Dinala na si Rizza s hospital ng mga kapitbahay namin
Judge Re-direct from prosecution?
Prosecution No. That would be all, Your Honor.
Judge Any more witness for the prosecution counsel?
Your Honor, I would like to call Dr. LILIA-MARI NIEVA to the
Prosecution counsel
witness stand.
Judge Swear in the witness.
Raise your right hand. Do you swear to tell the truth, the whole truth
Clerk of Court
and nothing but the truth?
Witness #3 I do.
Interpreter Please state your name and other personal circumstances.
I am Dr. Lilia-Mari Nieva, 28 years old, married, and a resident doctor
Witness #3
at the Bicol Regional Training and Teaching Hospital.
Clerk of Court The witness is now ready, your Honor.
Judge Prosecution counsel, your witness is now ready.
Prosecution counsel Thank you, your Honor.
Dr. Nieva, in your narration of your personal circumstance you said
that you are a Resident Doctor at the BRTTH. Is that correct, yes?
Witness #3 Yes, that is correct.
Prosecution counsel How long have you been a resident doctor at the BRTTH?
About a year and 11 months. I started immediately after passing the
Witness #3 medical board exams and I am almost finished with my mandatory
residency.
Dr. Nieva, do you recall treating a patient named Rizza Mangalleno at
Prosecution counsel
the BRTTH?
Yes, I remember that patient. She was brought to the hospital
Witness #3
unconscious and with a bruised face.
Prosecution counsel Can you tell this court what injuries the patient sustained?
The patient had multiple injuries specifically the avulsion of her left
upper first pre-molar and Cerebral contusion with neurologic deficits. I
ordered that a CT Scan for the patient and it showed that she had
Witness #3
hematoma or blood clot caused by an impact or blow to the head. She
was confined at the hospital for four days and I prescribed two weeks
of rest.
Do you recall issuing a medical certificate to the victim, Rizza
Prosecution counsel
Mangalleno, detailing the severity of her injuries?
Witness #3 Yes, ma’am.
Part of the records of this case is a medical certificate from the
BRTTH, will you kindly go over this and tell the honorable court if
Prosecution counsel
this is the same medical certificate that you issued in favor of Ms.
Rizza Mangalleno. (Shows document)
(looks at document) Yes, ma’am, that is the medical certificate I
Witness #3
issued.
May I manifest, your honor that the medical certificate has been
previously marked as Exh. “C”.
Prosecution counsel
No further questions, your honor.
CROSS-EXAMINATION BY DEFENSE COUNSEL(IYA)
Judge Cross-examination by the defense?
Defense counsel Just a few questions, Your Honor.
Judge Subject to cross. Proceed.
With the kind permission of this honorable court.
Defense counsel Is it possible that a single punch would result into an injury such as
cerebral contusion.
Witness (Complainant) It depends on the strength of he aggressor
Defense counsel If the aggressor is drunk, will that have an effect on his strength
Witness (Complainant) Yes
Defense counsel What would be the effect. Will it decrease or increase his strength
Witness (Complainant) Being intoxicated by alcohol actually amounts to depression of self
control. Among the principal effect of alcohol is to slow down brain
activity depending on what and how much a person drinks. It also
slows reaction time dulls hearing, fogs memory and it weakens the
muscles
Defense counsel So it is higly probable that his strength decreased because he is drunk
Witness (Complainant) Yes
Considering that hos strength decreased, will it be possible that a
Defense counsel
single punch would not result into a cerebral contusion
Witness (Complainant) Yes, it is highly probable
If a person hits his head on hard surface is it highly probable that it
Defense counsel
would result to contusion
Witness (Complainant) Yes there is a high possibility
Your honor in this court/proceeding we were able to establish that the
cerebral contusion suffered by the complainant is due to the impact she
sustained when she fell hard on the pavement and not due to the single
Defense counsel
punch made by the accused.
Your honor we would like to offer this as a mitigating circumstance on
the case at hand.
Defense Counsel No more further questions, Your Honor.
Judge Re-direct from prosecution?
Prosecution counsel Yes, your Honor, I would like to ask a few more questions.
Judge Proceed
Thank you, Your Honor.
Prosecution counsel Dr. Nieva, in the medical certificate that you issued, you mentioned
the term “neurological deficits.” Could you kindly tell the court
exactly what this means and can you give examples?
A neurologic deficit refers to abnormal function of a body area due to
weaker function of the brain, spinal cord, muscles, or nerves. In cases
Witness #3 of blunt head trauma, it is common for the patient to experience
abnormal reflexes, inability to speak, loss of balance, mental function
problems like memory loss, to name a few.
Is it possible for a person to have sustained these injuries due to
Prosecution counsel
punches inflicted by a man?
Yes, ma’am. These injuries are common to boxers and professional
Witness #3
fighters.
Prosecution counsel I have no further questions your honor.
Judge Re-direct from prosecution?
Prosecution counsel We have no more questions, your Honor.
Judge Any more witness for the prosecution counsel?
Your Honor, I have no more witness to present. I would like to make
Prosecution counsel
now our formal offer of evidence.
Judge Granted. You may now formally offer your evidence now.
Prosecution counsel Thank you, Your Honor.
Your Honor, I respectfully offer our evidence as follows:
Respectfully submitted.
Judge Any objection from the defense?
Exhibits “B, B-1 and B-2 ”, the sworn statement of the complainant is
Defense Counsel objected for being self serving, Your honor.
As to other exhibits, no objection, Your Honor.
ORDER
The Prosecution counsel manifested that it has no more witness to
present. The prosecution counsel offered the Exhibits A to E and sub-
Judge
markings. Such exhibits are admitted as prosecution’s evidence
considering that these exhibits are not disqualified under the rules of
evidence.
Judge Defense counsel, Are you ready to present your witness this afternoon?
Yes your honor. I would like to call Mr. LEO SIRIOS, Jr. to the
Defense Counsel
witness stand.
Judge Swear in the witness.
Raise your right hand. Do you swear to tell the truth, the whole truth
Clerk of Court
and nothing but the truth?
Witness #3 I do.
Interpreter Please state your name and other personal circumstances.
I am LEO SERIOS, Jr., 38 years old, married, and a resident of Purok
Witness #3
1, Barangay Binitayan, Daraga, Albay.
Clerk of Court The witness is now ready, your Honor.
Judge Defense counsel, your witness is now ready.
Prosecution counsel Thank you, your Honor.
Judge Cross from prosecution?
Prosecution counsel Yes, your Honor. I have a few questions.
Judge Proceed.
Mr. Sirios, you mentioned earlier that plaintiff Rizza allegedly spread
Prosecution counsel
malicious rumors against you. Is that correct?
Sirios Yes, ma’am. She told the neighbors that I have a mistress
Mr. Sirios, how do you know that it was Rizza who was spread these
Prosecution counsel
rumors?
My wife told me that it was Rizza who told her that I have a mistress.
Sirios
Because of what Rizza said, my wife got mad and left me.
Prosecution counsel What did you feel when your wife left you?
Defense counsel Objection your honor, immaterial.
Judge Sustained.
Prosecution counsel What did you feel towards Rizza when your wife left you?
Defense counsel Objection your honor, immaterial.
Judge Overruled. Mr. Witness, answer the question.
Of course, I got mad. I was furious because she told my wife those
Sirios
rumors.
Prosecution counsel Is that why you confronted Rizza?
Defense counsel Objection your honor. Leading question.
Judge Sustained. Counsel, rephrase your question.
Prosecution counsel Why did you confront Rizza?
I wanted to talk to her, ask her about the rumors she is spreading about
Sirios
me.
You said earlier that you only wanted to talk to her, but then why did it
Prosecution counsel
end up in a violent tussle?
It was Rizza who got violent. She slapped me across the face that is
Siros
why I got mad. I only defended myself.
So, you are saying that you punched her in the face because you were
Prosecution counsel
defending yourself from Rizza?
Sirios Yes, ma’am.
Prosecution counsel Mr. Sirios, what is you occupation.
Sirios I am an amateur boxing coach.
How many hours a day do you spend for training and sparring
Prosecution counsel
practices?
Defense counsel Objection your honor. Immaterial.
Judge What is the purpose of your question, counsel?
You honor, I am trying to establish that the accused is fully capable of
Prosecution counsel
inflicting such severe injuries to the victim.
Judge Sustained. Witness, answer the question.
Sirios I usually train my athletes for 12 hours a day.
Your honor, as what the accused admitted, he punched the victim as
self defense. However, as what has been established earlier, the victim
only slapped the accused but he inflicted a strong punch to her face.
His retaliation is obviously disproportionate to the attack of the victim
and cannot be considered a mere self-defense.
SO ORDERED.