HAMED, MOHAMAD KALID M.
IV – TEEHANKEE
JAIL VISIT
The accused is Mr. MARLON LUNA, 28 years old, single and a
resident of Brgy. Tubod, Iligan City. He is currently living with his parents and
unemployed.
The crime charged is “SERIOUS PHYSICAL INJURIES” violating
Article 263 of the Revised Penal Code. Under the said law:
“Art. 263. Serious physical injuries. — Any person who shall wound,
beat, or assault another, shall be guilty of the crime of serious
physical injuries and shall suffer:
1. The penalty of prision mayor, if in consequence of the physical
injuries inflicted, the injured person shall become insane, imbecile,
impotent, or blind;
2. The penalty of prision correccional in its medium and maximum
periods, if in consequence of the physical injuries inflicted, the person
injured shall have lost the use of speech or the power to hear or to
smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or
shall have lost the use of any such member, or shall have become
incapacitated for the work in which he was therefor habitually
engaged;
3. The penalty of prision correccional in its minimum and medium
periods, if in consequence of the physical injuries inflicted, the person
injured shall have become deformed, or shall have lost any other part
of his body, or shall have lost the use thereof, or shall have been ill or
incapacitated for the performance of the work in which he as
habitually engaged for a period of more than ninety days;
4. The penalty of arresto mayor in its maximum period to prision
correccional in its minimum period, if the physical injuries inflicted
shall have caused the illness or incapacity for labor of the injured
person for more than thirty days.
If the offense shall have been committed against any of the persons
enumerated in Article 246, or with attendance of any of the
circumstances mentioned in Article 248, the case covered by
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subdivision number 1 of this Article shall be punished by reclusion
temporal in its medium and maximum periods; the case covered by
subdivision number 2 by prision correccional in its maximum period
to prision mayor in its minimum period; the case covered by
subdivision number 3 by prision correccional in its medium and
maximum periods; and the case covered by subdivision number 4 by
prision correccional in its minimum and medium periods.
The provisions of the preceding paragraph shall not be applicable to
a parent who shall inflict physical injuries upon his child by excessive
chastisement.”
At around 7:00pm, May 4, 2019, in Barangay Tubod, the accused was
walking down the street when he saw a commotion in the street. He then
hurriedly went near it. To his surprise, he saw two of his friend having a
heated discussion. When the discussion turned into a physical altercation
between the two, the accused tried to pacify them by going straight to the
middle and separating the two. While trying to pacify them, the alleged
complainant pushed the accused down the ground. When the altercation did
not stop, the accused grabbed a flower vase and hurled it towards the alleged
complainant and hitting him in the chest and suffering injuries. Then the Police
Officers arrived and detained the accused, which were pointed by the street
witnesses. The complainant filed a case for serious physical injuries after he
was discharged from the hospital.
According to the accused, he was transferred to the tipanoy city jail on
May 6, 2019. He was told that he would be serving for at least six (6) months
if he is convicted. He has no lawyer yet and he is waiting for a hearing of his
case. He told us he is thinking if he will admit the said crimes or wait for a
lawyer and the latter’s advice.
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If I were the lawyer of the accused, I would search into detail the
complainants build up of the case. I would inquire if they have a strong case
against my client and if they have a evidences, such as medical certificates,
CCTV shots, pictures and credible witnesses. If they don’t have this strong
case, I would likely go into litigation. Or I could also advise him to admit the
said charges or plead guilty to those in order to lower the penalty imposed to
him, if the case against him is strong that going into litigation would waste the
time and effort of everyone else.
