Based on the affidavits and counter affidavits submitted by the complainant and the respondent

and the evidence presented. The foregoing facts were established. That, on the night of July 8,
2013 at around 9:00 p.m. at Brgy. Magulo, Santo, Laguna, complainant Math Tapang, together
with his friend Kris Tsuper, were at the Videoke bar of Aling Ganda, singing and having a drink
over some bottle of beer. On that evening, the respondent Mack Kulet and his wife Missy Kulet
were also at the same Videoke bar. It was undisputed that there was an altercation which ensued
between Mack Kulet and Kris Tsuper, such vehement quarrel resulted in injuries sustained by
herein complainant, Math Tapang, and supported by a Medical certificate labeled as Annex “A”.
The medical certificate, examined and certified by a licensed physician, stating among other
things, that the herein complainant, Math Tapang, suffered wounds obtained from fragments of a
broken bottle. The healing period of which is more than 30 days. As to who and how the injuries
were inflicted, two conflicting versions were presented.

The version of the complainant narrates that while he and his friend Kris Tsuper, were singing on
the Videoke and having a drink over some bottles of beer, the respondent borrowed the songlist,
and when the complainant and his friend were unable to immediately handover the songlist to
respondent, the latter got angry and an altercation ensued. The respondent got hold of a bottle of
beer, broke it and attacked Math Tapang, hitting him on the buttocks. The respondent refrained
from attacking only when the other who witnessed the incident came to their rescue and pacify
them. An affidavit, consistent with the facts alleged by the complainant was executed by Kris
Tsuper and attached together with the complaint.

The respondent denied the allegations and come up with his own version, in his counter affidavit,
he stated that when he borrowed the songlist, Math Tapang who was obviously drunk, threw it
on him, hitting his face. When he asked calmly what is the problem, Math Tapang replied angrily
“bakit, lalaban ka?” and immediately wiped all the bottles of beer on top of their table thus
breaking or shattering those bottles when it the ground. Kris Tsuper boxed the respondent,
however Math Tapang pacified the two by embracing the respondent. That while embracing, the
respondent lost his balance thereby causing him and Math Tapang to fall on the ground where
the broken bottles were scattered, causing the latter’s back to fall towards the scattered broken