1.) Prepare a judicial affidavit for the complaining party.

The judicial affidavit of Maria Mercedes together with

annexes and affidavits of witnesses are herewith attached to
this document.

2.) Prepare the accompanying letter of complaint for the

complaining party.
That the cover letter addressed to the City Prosecutor which
is necessary for the initiation of criminal complaint is
herewith attached to this document.

3.) What are the civil and criminal cases that arises from the
incident,
explain.
The criminal cases that arises from the incident are as
follows:

1.) Violation of R.A 9262

Pedro is liable for violation of Sec. 5 (a) of R.A 9262, the
crime of violence against women and their children through
the following acts:

a.)

Causing physical harm to the woman or her child;

- Any person who inflicts physical harm against a

woman who is his wife, former wife, or against a
woman with whom the person has or had a sexual or
dating relationship, or with whom he has a common
child, or against her child whether legitimate or
illegitimate, within or without the family abode shall
constitute as violence against women and their
children.

In the case at bar, the overt act of inflicting physical

harm to the wife through punches and slapping
constituted a violation of the aforesaid mentioned
law and therefore, Pedro must be held accountable
for his actions.
xxxxxxxxx
h.) Engaging in purposeful, knowing, or reckless
conduct, personally or through another that alarms or
causes substantial emotional or psychological distress
to the woman or her child by engaging in any form of
violence.
- Acts or omissions causing or likely to cause mental or
emotional
suffering of the victim by causing or
allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which
the victim belongs shall constitute a violence against
women and their children.
In the case at bar, through the overt act of inflicting
physical harm to the mother, it caused or is likely to
cause mental or emotional suffering of the child by

witnessing such abuse and is considered to be

psychological violence against the latter, an act which
is prohibited by law and shall make Pedro liable.

The civil case that arises from the incident are as

follows:
1. Actual Damages
a.) For the natural and probable consequences of the
act or omission complained of.
- In crimes, the defendants are liable for all damages
which are the natural and probable consequences of
the act or omission complained of, whether or not
such damages have been foreseen or could not be
reasonable foreseen by the defendant.
b.) For the loss or impairment of earning capacity in
cases of temporary or permanent personal injury, as
applicable in this case.
2.) Moral Damages
a.) For causing physical suffering, mental anguish,
fright, serious anxiety. Though incapable of pecuniary
computation, moral damages may be recovered if
they are the proximate result of the defendants
wrongful act or omission.
- These damages are not punitive in nature but are
designed to compensate and alleviate the physical
suffering, mental anguish, fright, serious anxiety
caused against the wife and her child and is awarded
to the injured party to obtain means, diversions or

amusements that will serve to alleviate the moral

suffering that they have undergone, by reason of the
defendants culpable action.
3.) Legal Separation
As stated in the affidavit, Pedro is a habitual drinker for
the past year, and is incapacitated to perform his
marital obligations properly because of his dependence
to it.
Thus, as provided for by law, by reason of such habitual
alcoholism which occurred during the marriage, it can
be used as a ground to file for legal separation within 5
years from the time knew of such ground done by his
husband.
4.) Prepare a complaint for Maria.
By reason that the offended party instituted a civil
action prior to the institution of the criminal action, the
civil action shall be considered independent and shall
not be deemed instituted with the criminal action.
That in light of the circumstances stated in the
complaint- affidavit, a request for preliminary
investigation has been made, as the penalty prescribed
for the offense involved is more than four (4) years two
(2) months and one (1) day.
Furthermore, when the Asst. City Prosecutor conducted
the preliminary investigation, she found cause to hold
respondent for trial and prepared information certified
by her under oath, and which was approved by the City
Prosecutor.

Thus, the civil complaint of Maria Mercedes and

criminal information filed by Asst. City Prosecutor
Conchita Po are herewith attached to this document.

5.) Can the Barangay Tanod be criminally prosecuted for trespass

to dwelling?

No, the Barangay Tanod cannot

prosecuted for trespass to dwelling.

be

criminally

As provided for by law, In every case of violence against

women and their children as herein defined, any
person, private individual or police authority or
barangay official who, acting in accordance with law,
responds or intervenes without using violence or
restraint greater than necessary to ensure the safety of
the victim, shall not be liable for any criminal, civil or
administrative liability resulting therefrom.
In the case at bar, being a person who intervened and
only used sufficient force that is necessary to ensure
safety of the victim, the Barangay Tanod cannot be
criminally prosecuted, as he is exempted therefrom, as
provided for by law.

6.) Appropriate Remedies

As provided for by law, the offended party may file for

Protection orders, which includes either Barangay

Protection Order (BPO), Temporary Protection Order

(TPO) or Permanent Protection Orders (PPO), its purpose
is to prevent further acts of violence against a woman
and her child as specified in R.A 9262, which is
necessary to safeguarding the victim from further harm,
minimizing any disruption in the victims daily life, and
facilitating the opportunity and ability of the victim to
independently regain control over their life.