Republic of the Philippines

Department of Justice
Office of the City Prosecutor
City of Manila

ERLINDA DELA CRUZ,

Complainant,

XV-07-INV-19F-04190
FOR: Serious Physical Injuries, Grave
Threats and Oral Defamation
-versus-

LERMAFLOR CASTILLO SUVA,

Respondent.
x-------------------------------------------x

RESOLUTION

This is the resolution on the complaint of ERLINDA DELA CRUZ against respondent
LERMAFLOR CASTILLO SUVA for the crimes of Serious Physical Injuries, Grave T
hreats and Oral Defamation.

Both parties were subpoenaed for purposes of preliminary investigation. On the sche
duled hearing dated July 10 and 17, none of them appeared. This case was submitte
d for resolution.

The complainant alleged that on March 20, 2019, at 6:30AM, more or less, she get of
f from the jeepney in Zapanta Street and saw Lermaflor Castillo Suva looking at her b
adly, mouthing the following disparaging remarks when she passed by:

“ADDICT ANG ASAWA MO!”

“MAG ASAWA KAYONG ADDICT! MGA DEMONYO KAYO!”

Afterwards, the respondent spitted, grabbed, shouted and strongly kicked her on the r
ight knee that she almost could not stand, as if her knee was broken. Lermaflor point
ed her finger close to the complainant’s face and uttered the following words:

“PAPATAYIN KO SI DARREL AT IKAW,” with a gesture of slashing her neck.

On the same day, the complainant was rushed to the Ospital ng Maynila. On April 16
, 2019, she decided to see an Ortho Surgeon because she was unable to walk his r
ight foot since March 20, 2019. The MRI procedure resulted that the complainant h
as a fracture on her right knee.

In support of her complaint, she submitted the following documentary evidence:

 Complaint Affidavit
  Certificate to File Action in Court
 Medical Certificate issued by the Ospital ng Maynila (A, A1, A2)

The Revised Penal Code defines and penalizes the crimes of Serious Physical I
njuries, Grave Threats and Oral Defamation, to wit:

Article 263. Serious Physical Injuries. - any person who shall wound, beat, or
assault, another, shall be guilty of the crime of serious physical injuries and s
hall suffer:

4. The penalty of arresto mayor in its maximum period to prision correcional i

n its minimum period, if the physical injuries inflicted shall have caused the i
llness or incapacity for labor of the injured person for more than thirty days.

xxxxxxxxxx

Article 282. Grave threats. - Any person who shall threaten another with the in
fliction upon the person, honor or property of the latter or of his family of any w
rong amounting to a crime, shall suffer:

2. The penalty of arresto mayor and a fine not exceeding 500 pesos, if the t
hreat shall not have been made subject to a condition.

xxxxxxxxxx

Article 358. Slander. - Oral defamation shall be punished by arresto mayor in i

ts maximum period to prision correcional in its minimum period if it is of a seri
ous and insulting nature; otherwise, the penalty shall be arresto menor or a f
ine not exceeding 200 pesos.

The elements of oral defamation are: (1) there must be an imputation to a c

rime, or of a vice or defect, real or imaginary, or any act of omission, status o
r circumstances; (2) made orally; (3) publicly; (4) maliciously; (5) directed to a
natural or juridical person, or one who is dead; (6) which tends to cause di
shonour, discredit or contempt of the person defamed. Oral defamation may e
ither be simple or grave when it is of a serious and insulting nature. (De Leon
v. People of the Philippines, GR No. 212623, January 11, 2016)

xxxxxxxxxxx

In the case at bar, the complaint was able to substantiate that complainant suffered i
njuries as a result of the attack done by the respondent which incapacitated her c
ustomary labor for more than 30 days. Furthermore, the threat embodied by the p
hrase “Papatayin ko si Darrel, at ikaw,” inflicted upon the person and his family amou
nting to a crime. Pointing a finger in the heat of anger will not constitute oral defamati
on. Unquestionably, the uttered words “ADDICT ANG ASAWA MO!”, “MAG ASAWA
KAYONG MGA ADDICT! MGA DEMONYO KAYO!”, were defamatory directed to the
person and her deceased spouse. Considering however, the factual backdrop of the
case, the oral defamation was only slight. Obviously, the intention was to show his fe
elings of resentment and not necessarily to insult the complainant.

WHEREFORE, premises considered, it is most respectfully recommended that an IN

FORMATION for the crimes of SERIOUS PHYSICAL INJURIES, GRAVE THREATS,
and ORAL DEFAMATION be filed against LERMAFLOR CASTILLO SUVA.

Manila, September 17, 2019.

____________________________
Senior Assistant City Prosecutor

Copy furnished:
1. Erlinda C. Dela Cruz - 2458 Camachili St., Singalong, Manila 1004
2. Lermaflor Castillo Suva - 2284 F. Munoz St., Singalong, Manila 1004