Trial Memorandum Midterm Defendant

Republic of the Philippines
7th Judicial Region

13th MUNICIPAL CIRCUIT TRIAL COURT
BACLAYON-ALBURQUERQUE-LOAY
Loay, Bohol
PEOPLE OF THE PHILIPPINES

Plaintiff,
-versus-
Crim Case No.17745

For: Direct Assault
Upon A Person in
Authority
MARIA CIELITO SEGOVIA

Defendant
x- - - - - - - - - - - - - - x
MEMORANDUM FOR DEFENDANT
Defendant, by counsel, respectfully states that:
STATEMENT OF THE CASE

The Defendant, Maria Cielito Segovia (hereinafter Segovia) is
faced with a case of direct assault against the the Plaintiff, Tyrone
Hora (hereinafter Hora) The defendant has said to have allegedly
inflicted physical injuries upon the person the plaintiff who is a
Barangay Kagawad of Barangay Guiwanon, Baclayon, Bohol. The
plaintiff claims that Segovia knew that he was a person in authority
being a barangay kagawad and that he was attacked by Segovia
while he was performing his duties as such. The defendant rebuts
this claim and denying the claim of Hora. The defendant argues that
she merely acted upon self defense since it was Hora who attacked
her and that the former was not in the performance of his duties when
the altercation happened.
STATEMENT OF THE FACTS
1. On the 19th day of September 2013, in Barangay Guiwanon,

Baclayon, Maria Cielito Segovia met Tyrone Hora at the
store of Angeles Enoc.
2. Tyrone Hora then told Segovia Its a good thing that you just
had taken a bath and is very fragrant. My wife is not around.
Will you come with me to my home?
3. The other customers overheard this and laughed at the
comment made by Hora. Segovia then reprimanded Hora
due to the rude comment that he made.
4. The following day, September 20, 2013. Segovia went back
to the store of Angeles Enoc and found Evan Porlacin and
Merika Esmero playing tong-its. She seated next to them
waiting for a chance to play.
5. Hora then arrived and this prompted Porlacin and Esmero to
make jokes and mimicked the comment that Hora told
Segovia the previous day.
6. This prompted Hora to laugh and proceeded to put his hands
around the shoulder of Segovia and smelled her hair.
7. Segovia who was insulted by the actions of Hora elbowed
him in order to stop his advances.
8. This made Hora angry and he boxed and hit Segovia in her
right breast. Segovia then scratched and squeezed Horas
arm.
9. Hora was about to hit Segovia again but Esmero managed
to prevent him from doing so.
10. Segovia then hailed a motorcycle and proceeded to the
police station to have the incident recorded in a blotter.
11. She also went to the doctor to have her injury checked
since it resulted into a hematoma.
12. Segovia was able to secure a Certificate to File Action
due to the failure of the two of them to reach an amicable
settlement.
13. That a criminal case and administrative case is already
filed against Hora for physical injuries and his conduct
unbecoming of a duly elected official.
14. Hora then filed this present case for direct assault against
the defendant.
ISSUES
Given the foregoing facts and circumstances, the following

issue is presented for discussion:
1. Whether or not Maria Cielito Segovia is liable for Direct Assault
Upon a Person in Authority under Art 148 of the Revised Penal
Code
ARGUMENTS
I.
Maria Cielito Segovia is not liable for the commission of

Direct Assault against Tyrone Hora since the latter was
not in the performance of his duties as a barangay
kagawad when the incident happened.
A. The defendant only defended herself from the advances

made by Hora when he laid his hands around her and
proceeded to smell her hair which insulted Segovia since
both of them are married.
1. Article 148 of the Revised Penal Code provides that
any person or persons Any person or persons who,
without a public uprising, shall employ force or
intimidation for the attainment of any of the purpose
enumerated in defining the crimes of rebellion and
sedition, or shall attack, employ force, or seriously
intimidate or resist any person in authority or any of his
agents, while engaged in the performance of official
duties, or on occasion of such performance
2. Tyrone Hora was not in the performance of his duties
when he laid his hands around Segovia and smelled
her hair.
3. His actions were done in his capacity as a private
individual and this was not in anyway related to his
position as a barangay kagawad.
4. The action of Segovia was only borne out of natural
reaction since she was insulted by the action of Hora
and since she already reprimanded him due to his
boorish and lewd actions the previous day.
5. Segovia elbowed Hora in order to repel his advances
and to serve as a warning that she was not in any way
amused by his actions when in fact she was humiliated
and was insulted since there were other people who
witnessed it and were even making fun of her.
6. However, instead of stopping his actions, Hora got
furious and boxed and hit Segovia in her right breast
which prompted Segovia to defend herself and she

scratched and squeezed Horas arm.
7. This attack was evidenced by the medico legal that
Segovia suffered a hematoma due to the hitting of
Hora.
B. The defendant did not attack Hora with the intent and
purpose of injuring him as a person in authority.
1. Hora was a person in authority being a duly elected
Barangay Kagawad of Guiwanon, Baclayon as
evidenced by a copy of his Oath of Office as a
Barangay Kagawad and the Certification by the DILG
that Tyrone Hora is a Barangay Kagawad of Guiwanon
Baclayon.
2. Section 388 of the Local Government Code expanded
the definition of a PA by expressly providing that for
purposes of the RPC, the punong barangay,
sangguniang barangay members, and members of the
lupong tagapamayapa in each barangay
shall be deemed as persons in authority in their
jurisdictions. (People v. Sion, G.R. No. 109617, August
11, 1997)
3. Persons in authority are visible representatives of the
law. They are to be accorded with respect due to the
nature of their position. Direct assault is punished in
order to uphold the integrity of persons in authority and
to curve the lawlessness of the offender in such
crimes.
4. Nonetheless, In Direct Assault, the offender must know
that the victim is a person in authority for him to be
liable of the crime and that she attacks the person in
authority with the intention to offend, injure, or assault
the offended party as a person in authority as held by
the cases of People vs. Rellin 77 Phil 1038 and People
vs. Villaseor 35 SCRA 460.
5. It was also held in the case of People vs. Hernandez
59 Phil 343 that A person in authority who exceeds his
power or acts without authority is not in the exercise of
his functions of his office. Hence, Hora it is evident was
not in the performance of his duties and it can thus be
concluded that he was acting in his private capacity as
an individual and not as a person in authority.
6. From the foregoing facts, it was clear that Segovia only
elbowed Hora in order to repel his advances. It was
also a reaction borne out by the humiliation and insult
that Hora had inflicted upon Segovia. But instead of
refraining from doing such, Hora vehemently and
willfully attacked Segovia and thus resulted to the
physical injuries that the defendant had suffered as
evidenced by the medico-legal report.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed
that judgment be rendered in favor of defendant and against plaintiff
by:
FINDING Maria Cielito Segovia NOT GUILTY FOR THE
CRIME OF DIRECT ASSAULT UPON A PERSON IN
AUTHORITY under Article 148 of the Revised Penal Code.
Further, it is prayed for by counsel that actual damages of
P15,000.00 be awarded to the defendant Maria Cielito
Segovia for her hospital and medication expenses, moral
damages in the amount of P50,000.00.
Other just and equitable remedies under the circumstances are
likewise prayed for.
Tagbilaran City, Bohol, September 8, 2014
ATTY. LAWRENCE LOUIE G. UY

Counsel for Plaintiff
th
5 Floor Uy Bldg. CPG Avenue
IBP No.11112
PTR No.11112
Roll No.11118
MCLE No. 244122

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Republic of the Philippines

7th Judicial Region

PEOPLE OF THE PHILIPPINES

Crim Case No.17745

MARIA CIELITO SEGOVIA

MEMORANDUM FOR DEFENDANT

Defendant, by counsel, respectfully states that:

STATEMENT OF THE CASE

STATEMENT OF THE FACTS

1. On the 19th day of September 2013, in Barangay Guiwanon,

Given the foregoing facts and circumstances, the following

Maria Cielito Segovia is not liable for the commission of

A. The defendant only defended herself from the advances

which prompted Segovia to defend herself and she

ATTY. LAWRENCE LOUIE G. UY

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