Republic of the Philippines MUNICIPAL TRIAL COURT FIRST JUDICIAL REGION BRANCH i BAGUIO CTY THE PEOPLE OF THE INDS INVA-7INV46-3162 DHILIPPINES. CRIM.CASE NO. Plaintiff 136083 ~ verse = for: KAREN MANAL© y Malonzo, UNIUST VEXATION Qhega Tower Residence, Salud Mitra Broy,, Baguio Cty) A INFORMATION The undersigned accuses KAREN MANALO y MALONZO of the crime of UNJUST VEXATION, committed as follows: That on or about the 34 day of DECEMBER, 2016, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, without any justifiable cause whatsoever. did then and there willfully, unlawinlly and feloniously vex and annoy the complainant, MARK CHRISTOPHER A. DY, py fepeatediy fippiag her middle finger to the complainant, whfch is the uni of “fuck you”, to his grea 7 CONTRARY TOL AM, RIGANUEL SAGSAGO KOSECUTOR + Holl Mo. 31252This ws to ¢ jucted in the above-sntitled ca: éworn stalements anc SUBSCRIBED AND SWORN tolpefore me this JANUARY 36. 2017, a aguio City, Philippines BAI RECOMMENDED bail not required WITNESS MALLARI ST. MIDDLE JEZON HILL, Bagui 2 And others Brouned ang filed :REPUBLIC OF THE PHILIPPINES Department of Justice NATIONAL PROSECUTION SERVICE Office of the City Prosecutor Baguio City KAREN MANALO y MALONZO and JEB ALLEN MANALO, Complainants, NPS DOCKET No. I-17-INV-16-3162 -versus- for: MARK CHRISTOPHER DY y AQUINO (No. 6 ‘Alleged UNJUST VEXATION and Mallare St, Middle Quezon Hil, Baguio City), PHYSICAL INJURIES Respondent. MARK CHRISTOPHER DY y AQUINO, Complainant, NPS DOCKET No. -17-INV-16-3167 -versus- for: Alleged PHYSICAL INJURIES JEB ALLEN MANALO y RESURRECION (GF3 and SLANDER BY DEED Megatower Residences, Salud Mira Brgy., Baguio City), GREG VITENO y AWICHEN (Ucab Tram, togon, Benguet), and KAREN MANALO y MALONZO (Moga Tower Residence, Salud Mitra Broy., Baguio City), Respondents. JOINT RESOLUTION This is to jointly resolve the above-entitled cases which are under Summary Investigation. As ‘such, this resolution is based on the evidence presented by the parties. NPS no, 16-3162: ‘Among others, KAREN MANALO y MALONZO (‘KAREN’) claims that on 3 December 2016, While walking along Sandico St, Salud Mitra, Baguio City, together with her husband - JEB ALLAN MANALO y RESURRECION (‘JEB ALLEN’), their 4-year old son and Elmer Diga, MARK CHRISTOPHER DY y AQUINO (“DY") blew the hom of his motor vehicle, prompting them to turn their back and they saw DY rolled down the window of his vehicle and shouted “UKINNAM MO". in response, KAREN gave DY a “FUCK YOU" sign. In retaliation DY again uttered unsavory words against her to wit: “0 ANO ANG YABANG MO, UKINNAM MO", and thereafter they continued walk going up. Unknown to them, DY alighted from his vehicle, took a shoe and threw it at them hitting KAREN and JEB ALLEN. Out of fear, KAREN ran inside Mega Tower and hid from DY, On the other hand, JEB ALLEN alleges among others that: At around 6:00 pm of the same day, he together with his wife (KAREN), their son, and an office mate were crossing along Sandico St. and was about to reach the opposite side of the road when the vehicle of DY approached near them and blew the horn prompting them to run and avoid the vehicle; When they reached the sidewalk and while walking towards Megatower, DY slowly drove his vehicle and rolled down its window and uttered UKKINAM" to them but they ignored DY; While they were about to reach the entrance of Megatower, DY alighted from his vehicle, brought outa shoe and threw the same at them hitting him in the process; Page 1 of 4 - Resolution“~ DY then ran towards KAREN but he was able to intervene and asked him what is the problem but DY Pushed him hard causing him to fall onthe ground; He immediately got up but was again pushed by DY resulting to his left hand hitting the cemented portion near the main entrance door of Megatower; Then DY tried to attack him but his office mate (Greg) came and tried to pacify DY but the latter also tried to attack Greg by inflicting fist blows; He also tried to pacify Mr. DY but the latter continued to hit him and he was able to evade the first blows, and he then ran inside Megatower, Inside the Megatower, he was chased by Mr. DY. The latter caught him and pushed him at his back towards the elevator. He was able to ran away from DY because the latter slipped on the floor. Afterwards, he was able to seek assistance from the guard of the establishment. |n support of the foregoing claims, the swom statements of ELMER DIGA y OBRERO ("ELMER") and GREGIE VITENO y AWICHEN (‘GREGIE’) were submitted together with several pictures and other pieces of evidence. KAREN and JEB ALLEN now charge DY for committing the crimes of UNJUST VEXATION and PHYSICAL INJURIES, NPS no, 16-3167: On the other hand, DY avers that: The incident transpired at around 6:30 pm of 3 December 2016 outside the vicinity of Megatower Residences, Sandico St., Salud Mitra, Baguio City: He was driving his car atthe said place. Together with him were his daughter, mother, father , sister, brother-in- law, @ nephew and a niece; While he was slowly maneuvering his car, she noticed one (1) female person and two (2) male persons were walking in the middie of the road prompting him to honk the hom once; The female person wearing a red dress whom he later identified as KAREN flipped her ‘middle finger at him which is the universal sign of “FUCK YOU"; He was constrained to honk the hom again as KAREN and her companions did not move to the side of the road. Again, KAREN raised her middle finger and started mouthing off words he could not decipher in the vicinity of the public and many people; He tried his best to ignore the woman but the later continued to raise her middle finger at him many fimes as she and her companions were moving close to Megatower; He then parked his Vehicle in front of Megatower and told his brother-in-law to fix the parking as he would catch up with KAREN and to confront her and her companions about KAREN's earlier conduct against him; When he entered the building, he tried to speak with KAREN but was prevented by her two (2) companions by blocking the way while KAREN made her way inside; He was not able to catch KAREN but was able to make his way inside the lobby of Megatower. He then called his wife forthe latter to come meet thereat instead of going to the office located at rooms 5 and 6; He was again blocked by the two (2) male Companions of KAREN. He then confronted the two regarding KAREN. While they were talking and without waming, he felt a sharp pain in his back that caused him to fall down. While down on the floor, he received a barrage of punches, kicks and strikes from individuals, one wearing green tshirt and the other wearing a white tshirt; The two did not stop until he mustered enough strength to get up and defend himself; During the assault, he was punched in the face and his eye glasses flew onto the floor. In his defense, he kept punching every way and he felt that he hit one of them: He then noticed the one in green ran towards the elevator prompting him to go after the person but he accidentally fell on the floor. Thereafter, he went to the middle ofthe lobby when he saw the one in white t-shirt who tried to hit him again. He then defended himself and eventually, they were pacified by the people who were Present; Later on, the individual wearing green t-shirt kept apologizing as he did not know the entire Story. He was able to talk also to the person in white t-shirt outside the lobby when his wife came. 'n the same manner, the swom statements of Marcos Dy, Melaida Gahid, Samuel Atolba and Tommy Boclao were all submitted along with other pieces of evidence to purportedly support the claims of DY. With the foregoing, DY charges JEB ALLEN and GREG AWICHEN for Physical Injuries, and Slander by Deed against KAREN Page 2 of 4 - ResolutionDISPOSITION To begin with, it must be stressed that this Office is merely tasked with the determination of the existence of probable cause to charge the fespondent for the alleged offenses. In doing so, we are reminded that “Probable cause has been defined as the existence of such facts and circumstances as would excite the bellef in a reasonable mind, acting on tho facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted. Probable cause is a reasonable ground of presumption that a mattor is, or may be, well founded on such a state Of facts in the mind of the prosecutor as would lead a person of ordinary caution and prudence to believe, or entertain an honest or strong suspicion, that a thing is so. The term does not mean actual or Positive cause nor does it import absolute certainty. It is merely based on opinion and reasonable belief. xxx Significantly, “A finding of probable cause needs only to rest on evidence showing that more likely than not a crime has been committed by the suspects. It need not be based on clear and convincing evidence of guilt, nt on evidence establishing guilt beyond reasonable doubt, and definitely not on evidence establishing absolute certainty of guit. In determining probable cause, the average ‘man weighs facts and circumstances without resorting to the calibrations of the rules of evidence of which he has no technical knowledge. He relies on common sense. What is determined is whether ‘here is sufficient ground to engender a well-founded belief that a crime has been committed, and that the accused is probably guilty thereof and should be held for trial. t does not require an inquiry as to whether there is sufficient evidence to secure a conviction”? Taking into consideration the foregoing principles, we now resolve After a painstaking consideration of the respective claims and versions of the parties in these cases, including the pieces of evidence submitted, this Ofice resolves as follows 1. To charge KAREN MANALO of the crime of UNJUST VEXATION (not Slander by Deed) considering that the latter repeatedly fipped her middle finger which is the universal sign of “FUCK YOU" at MARK CHRISTOPHER DY which caused irritation, annoyance and vexation to the said individual; 2. To charge MARK CHRISTOPHER DY with the crime of SRIcaPHYSICAL INJURIES as the latter pushed JEB ALLEN MANALO causing "Fracture, closed, complete, undisplaced, ‘middle phalanx, head, head partial articular ring finger, LEFT.”. DY may have been a victim of the unjustified acts of KAREN but it must be stressed that one should not put the law in his hands. DY’s intention to confront KAREN cannot be a license for him to injure other persons; 3. To charge GREG VITENO with SLIGHT PHYSICAL INJURIES when the latter kick MARK CHRISTOPHER DY causing him to suffer “Abrasion on Left upper back, hematoma left deltoid’; 4. To charge JEB ALLEN MANALO and GREG VITENO of SLIGHT PHYSICAL INJURIES for aiding one another in inficting several injuries to MARK CHRISTOPHER DY, as follows “Soft Tissue Contusion, Right Zygomatic Area: Abrasion, Upper & Lower Lip Buccal Mucosa’ and “Abrasion, Upper Lid, Right, Soft Tissue Contusion, Periorbital area, Bilateral’, 5. To DISMISS the charge of UNJUST VEXATION filed by KAREN MANALO against MARK CHRISTOPHER DY. For one, the alleged unsavory words that may have hurled by DY | METROPOLITAN BANK versus HON SECRETARY OF JUSTICE, G.R. No. 180165, 7 April 2009 * AGUILAR versus DEPARTMENT OF JUSTICE, et. a, G.R, No, 197522, 11 September 2013. Page 3 of 4 - Resolution- > against KAREN was a result ofthe latter’s act of fipping her finger (FUCK YOU’) at DY. There can be no good reason for KAREN to fip her finger at DY because in the first place, it appears that DY honked the hom at KAREN as she and her group were walking in the wrong side of the road. In the same manner, when DY threw a shoe at KAREN and her group, it was a reaction to the act of KAREN in repeatedly flipping her finger at DY. Moreover, it was not established that the act of DY in throwing a show at KAREN's group caused annoyance, initation or vexation to KAREN or any one of her group. WHEREFORE, premises considered, and there being probable cause to do so, the undersigned recommends that i a. KAREN MANALO y MALONZO be charged with UNJUST VEXATION; b. MARK CHRISTOPHER DY y AQUINO be indicted for Sexicus PHYSICAL INJURIES; ©. GREG VITENO y AWICHEN be charged with SLIGHT PHYSICAL INJURIES; and d. JEB ALLEN MANALO y RESURECCION and GREG VITENO y AWICHEN be indicted for SLIGHT PHYSICAL INJURIES. The charge for UNJUST VEXATION against MARK CHRISTOPHER DY y AQUINO be dismissed for lack of probable cause. Considering that one of the parties in these cases (GREG VITENO y AWICHEN) is not a resident of the City of Baguio, referral to the Barangay for mediation and conciliation proceedings is not required under the law, Done this 30% day of January 2017, Baguio City, Philippines CHRISTIAN B. AMISTAD Associate City Prosecutor Roll No, 57299; 5 May 2009; Manila IBP O.R. no. 1062076; 27 January 2017; Bag-Beng. MCLE Compliance Cert. No. V~ 0008629 APPROVED: IBP Lifetime No. 733882 MCLE Compliance No. V-0006651 Copy furnished: Party / Person / Office 1. MARK CHRISTOPHER DY y AQUINO Address - 6 Mallari St, Middle Quezon Hil, Baguio Cily GF3 Megatower Residences, Salud 7 | Mitra Broy., Baguio City 3. GREG VITENO y AWICHEN |___-_Ucab Tram, Itogon, Benguet 4. KAREN MANALO y MALONZO ~ Mega Tower Residence, Salud Mitra Bigy., Baguio City 2. JEB ALLEN MANALO y RESURRECION Page 4 of 4- Resolution