Information Mark Patrick L. Nigos Kenneth RJ E. Pinto

INFORMATION
The undersigned, MARK PATRICK L. NIGOS, accuses KENNETH RJ E.

PINTO of the crime of SLIGHT PHYSICAL INJURIES, committed as follows, to
wit:
That on or about April 12, 2021, at about 3:00p.m., in the City of Angeles City,
Province of Pampanga and within the jurisdiction of this Honorable Court, the said
accused did there and then willfully, unlawfully and feloniously, and without
justifiable cause therefor, attack, assault, and beat one MARK PATRICK L.
NIGOS, punching him three (3) times on the stomach, and kick him two (2) on the
shoulder afterwards, thereby inflicting on the latter physical injuries, which have
required and will require medical attention for a period of nine (9) days, and have
incapacitated and will incapacitate him from labor for the same period of time.
Contrary to law.
Angeles City, Philippines, Date April 15, 2021.
Atty. Tony Alpacino Montana

PROSECUTOR
Witnesses:
KATLEEN ANN A. LAYSON
MARLON M. MASICLAT
DR. ALBERTO LUGUE
(Certification of Preliminary Investigation)

Republic of the Philippines
Department of Justice
CITY PROSECUTORS OFFICE
Angeles City
MARK PATRICK L. NIGOS, I.S. No. 99-15485
Complainant,
– versus – FOR: SLIGHT PHYSICAL INJURY
KENNETH RJ E. PINTO
Respondent,
x ————————————– x
RES0LUTI0N
This is a complaint for slight Physical Injury l filed by MARK PATRICK L.
NIGOS against KENNETH RJ E. PINTO.
On or about 3 o’clock in the afternoon of April 12, 2021, at Police Station 1, Pulung Maragul,
Angeles City. The undersigned received a report from the complainant, Mark Patrick Nigos,
21 years of age, single, student, and resident of 263 Magalang Road Pandan, Angeles City.
The complainant reported the respondent, Kenneth RJ E, Pinto, 20 years of age, single, a fast-
food crew, and resident of 2068 Harvard Street, Brgy. Ninoy Aquino, Angeles City of alleged
physical injury happened in the front of the house of the complainant. The respondent
allegedly punch the complainant three times in stomach followed by two kick in the latter’s
shoulder. This was denied by the respondent together with his witness Marlon M. Masiclat,
21 years of age, single, housekeeper and resident of 2068 Harvard Street, Brgy. Ninoy
Aquino, Angeles City.
SUMMARY OF ARGUMENTS
“35. In Summary, the matters stated by the complainant MARK
PATRICK L. NIGOS were found true and it was proven by the
witness together with the medical certificate provided therein.
“36. That the complainant provided sufficient evidence to convict

the respondent KENNETH RJ E. PINTO for the crime of Slight
Physical Injury.
“37. Also, the complainant’s witness testimony strongly supported

the facts provided the prosecution party.
“38. The respondent failed to support his claim on the crime

charged against him and the evidence insufficient to defend
himself and to granted acquittal by the court.
Thereafter, the complainant submitted a Complaint Affidavit, while the respondent

later submitted a Counter Affidavit.
Art. 266. Slight physical injuries and maltreatment. — The crime of slight physical
injuries shall be punished:
1. By arresto menor when the offender has inflicted physical injuries which shall
incapacitate the offended party for labor from one to nine days, or shall require
medical attendance during the same period.
2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender
has caused physical injuries which do not prevent the offended party from engaging in
his habitual work nor require medical assistance.
3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the
offender shall ill-treat another by deed without causing any injury. (Revised Penal
Code)
For Slight Physical Injury, the following requisites must concur:

1. Physical injuries which incapacitated the offended party for labor from 1 to 9 days
or required medical attendance during the same period;
2. Physical injuries which do not prevent the offended party from engaging in his
habitual work or which did not require medical attendance;
3. Ill-treatment of another by deed without causing any injury.
Paragraph 11 of the Counter-Affidavit reads:
I, KENNETH RJ E. PINTO, 20 years of age, single, residing at 2068 Harvard

Street, Brgy. Ninoy Aquino, Angeles City, after having been duly sworn in
accordance with law, do hereby depose and state that:
“I am the respondent in the case for Slight Physical Injuries filed by Mark Patrick L.
Nigos;”
“I admit that I was there in front of his house which is located beside the road that
afternoon of April 12, 2021. However, I deny the allegations of the complainant that I
shouted threatening words at him and the reason why I was there is that I am waiting
for my mother who works as a housekeeper in a shop nearby his house.”
“I admit that I punched him several times but it was all for self-defense. The
complainant is the one who insulted me first and provoked a fight that day that is why
I was forced to defend myself to avoid any injuries.”
“He went outside of his house and he said that “Kung di kayo aalis sa harap ng bahay
ko, lulumpuhin ko kayo”. After that he used a 2x2 wood and hit me once on the
shoulder and when the complainant was about to struck me for the second time. I
punched him on the stomach to stop him.”
“I also strongly deny that there was no amicable settlement in the Barangay. That
time, although it was not my fault, I agreed that I will pay him five (5) thousand pesos
for the injuries but the complainant want it to be doubled instead.”
“The Lupong Tagapamayapa then decided to transfer the case in the court because the
complainant disagreed with my payment.”
“That I am executing this counter-affidavit to attest the truth of the foregoing
statements, and for the purpose of denying the charges filed by MARK PATRICK L.
NIGOS.”
WHEREFORE, finding the existence of probable cause, let an Information for Slight
Physical Injury under Article 266 of the Revised Penal Code be filed against the
respondent in court.
Angeles City, Philippines, April 12, 2021.
ALBERT S. LAXAMANA
Prosecutor 11
APPROVD BY:
CARLITO A. ESPARAGOZA
City Prosecutor
Copy furnished:
Angeles City Hall of Justice
Pulung Maragul, Angeles City, Philippines

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INFORMATION

The undersigned, MARK PATRICK L. NIGOS, accuses KENNETH RJ E.

Angeles City, Philippines, Date April 15, 2021.

Atty. Tony Alpacino Montana

KATLEEN ANN A. LAYSON

DR. ALBERTO LUGUE

(Certification of Preliminary Investigation)

“36. That the complainant provided sufficient evidence to convict

“37. Also, the complainant’s witness testimony strongly supported

“38. The respondent failed to support his claim on the crime

Thereafter, the complainant submitted a Complaint Affidavit, while the respondent

For Slight Physical Injury, the following requisites must concur:

Paragraph 11 of the Counter-Affidavit reads:

I, KENNETH RJ E. PINTO, 20 years of age, single, residing at 2068 Harvard

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