Characters:

a. Private complainant- Josef Pasion Reyes

b. Accused - Jani Misterio

c. Customer/ Judge - Jeremiah N. Caballero

d. Defense lawyer - Aven Caubang

e. Prosecutor - Gem

Art. 265. Less serious physical injuries. — Any person who shall inflict upon another physical
injuries not described in the preceding articles, but which shall incapacitate the offended
party for labor for ten days or more, or shall require medical assistance for the same period,
shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor (1
day - 30 days).

Whenever less serious physical injuries shall have been inflicted with the manifest intent to
kill or offend the injured person, or under circumstances adding ignominy to the offense in
addition to the penalty of arresto mayor, a fine not exceeding 500 pesos shall be imposed.

Any less serious physical injuries inflicted upon the offender's parents, ascendants, guardians,
curators, teachers, or persons of rank, or persons in authority, shall be punished by prision
correccional in its minimum and medium periods, provided that, in the case of persons in
authority, the deed does not constitute the crime of assault upon such person.

Elements of the crime:

1. That the offended party is incapacitated for labor for 10 days or more (but not more than
30 days), or shall require medical attendance for the same period; and,

2. Physical injuries must not be those described in the preceding articles.

Scenes:

Process Scene

A. Commission of the crime
1. October 5, 2019: Jani and Josef kay mga bayot sa gay bar.
Then nagilog sila sa isa ka customer (si Jim). Thereafter, gi
attack ni Jani, si Josef. Syempre na puruhan si Josef, niadto
syag hospital nga bloody para magkuha og Medical
Certificate. Then, the medcert will indicate na "the probable
disability period of healing is 10 to 12 days”.

2. After sa hospital, Josef will go to the nearest police

precinct to file a Police Blotter. The police will also advice
Josef to file a complaint in the barangay.
B. Barangay Conciliation 3. October 7, 2019: Josef will go to the barangay the following
Proceedings day to file his complaint. Upon receipt of Josef’s complaint,
the Lupon Chairman, within the next working day, summon
Jani, with notice to Josef, for them and their witnesses to
appear before him for a mediation of their conflicting
interests. If he fails in his mediation effort within fifteen (15)
days from the first meeting of the parties before him, he shall
forthwith set a date for the constitution of the pangkat in
accordance with the provisions of this Chapter. Resolution:
The Lupon Chairman fails to arrive at an amicable settlement
and he will issue the Certificate to File Action.

C. Filing of Complaint and 4. October 12, 2019: Josef will go to PAO and file his
Payment of Docket Fees complaint. PAO will process the Information and the Judicial
Affidavits of the witnesses, then Josef will pay the docket
fees. Information will be filed in court. Sample below:

That on the 12th day of October 2019, at around 7:30 in the

evening more or less, in Brgy. Pandayan (St. Francis Subd.),
Davao City, Republic of the Philippines and within the
jurisdiction of this Honorable Court, the above named
accused motivated by anger by conspiring, confederating and
mutually helping with another did then and there wilfully,
unlawfully and feloniously attack, assault and strike the face
of one Josef, thereby inflicting upon his (sic) physical injuries
that will require a period of 10 to 12 days barring healing and
will incapacitate his customary labor for the same period of
time attached Medical Certificate (sic).

D. Determination of the 5. Upon filing of the criminal action. The case will be raffled,
Judge if the case falls under then it will assigned to Judge Jim. Judge Jim, will determine
Rules on Summary the applicability of the Summary Procedure in the case.
Procedures

E. Issuance of the Order and
Service of Summons
6. Resolution: Action is under Rules on Summary Procedure.
Judge Jim will issue an Order declaring that it is governed by
the Rules on Summary Procedure, with the copies of the
affidavits and other evidence submitted by the prosecution.
The order shall require Jani to submit his
counter-affidavit and the affidavits of his witnesses as well
as any evidence in his behalf, serving copies
thereof on the complainant or prosecutor not later than
ten (10) days from receipt of said order.

7. When Josef receives the counter-affidavit of Jani, dili na

sya mag file of reply affidavits, pero pwede sya magfile within
10 days after receipt of the counter-affidavit).

8. Judge Jim will decide based on the documents received

that there is ground to hold Jani for trial. Judge Jim will set
the case for arraignment and trial. Then before trial, Judge
Jim will call both parties for the Preliminary Conference.

F. Preliminary Conference 9. Preliminary conference - Before conducting the trial, the

 court shall call the parties to a preliminary conference during
which: stipulation of facts may be entered into, the
propriety of allowing the accused to plead guilty
to a lesser offense may be considered and/or other
matters as may be taken up to clarify the
issues and to ensure a speedy disposition of the case.

G. Submission of the 10. Note: Gi complete na niya sa letter E above.

Position Paper and
Affidavits of Witnesses

H. Trial 11. The affidavits of the parties shall constitute the direct
testimonies of the witnesses who executed the same. The
witnesses of Josef will take the stand to testify based on his
affidavit. Then the defense lawyer (Aven) will conduct the
cross examination. Thereafter, the witness of Jani will take
the stand to testify on his affidavit, afterwhich may cross
examination ang prosecutor.

12. Case will be submitted for judgment.

I. Rendition and 13. The court shall promulgate the judgment not later than
promulgation of judgment thirty (30) days after the termination of trial. Judge Jim will
find Jani guilty for less serious physical injuries. Make Order of
Judgment.