REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT OF GENERAL TRIAS

Province of Cavite

PEOPLE OF THE PHILIPPINES,

Plaintiff,

- versus -

CRIM. CASE NO. 55-10

For: RIR TO SERIOUS
PHYSICAL
and

INJURIES

ATTEMPTED

HOMICIDE
PO1 DAN MARK DOMINGO y
BALAJADIA,
Accused.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - x

TRIAL BRIEF
I. Conflicting Claims of the Parties
A. Claim of the Plaintiff
On or about December 29, 2009, PO1 Dan Mark Domingo (Domingo)
was walking towards a store owned by the family of the private
complainant, Gilbert Clarito (Gilbert). Domingo approached the store and
talked to the brother of Gilbert. After a while, Domingo took a few steps and
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suddenly pulled his gun and fired several shots aimed at the brother of
Gilbert resulting to the latters death. Gilbert tried to restrain Domingo but
was unsuccessful. Then, Gilbert ran towards a tricycle and hid therein.
Domingo then turned towards the direction of Gilbert and fired several
times. However, only the tricycle was hit. Gilbert then ran to the municipal
hall to acquire assistance. Afterwards, Domingo fired indiscriminately
causing a bullet to hit Maricon Viniegra on her right thigh which remained in
the said area up to this day.
B. Claim of the Defendant
That on December 29, 2009 at around 7:45 in the evening, accused
PO1 Dan Mark Domingo went out of his house to buy soft drink. Since he
came from the shop where he had his car stereo repaired, he forgot to leave
his 9mm service pistol at home. Thereafter, he passed by complainant
Gilbert Clarito who was then having a drinking spree. He was shocked when
somebody was trying to take his firearm which was tucked on his waist. He
learned that it was Gary Clarito, brother of the complainant, and they
struggled with each other for the firearm. In the course of their struggle,
accused fired a warning shot but accidentally hit Gary in the head, causing
the latters death and likewise, hit Maricon Viniegra on her right thigh. Then
suddenly, when Gilbert embraced him from behind with the latters arm
around his neck, he fired his weapon downwards to loose hold of accused.

II. Issues
A. Factual Issues
1. Whether or not the firing of the service pistol of the accused was
with intent to harm or injure the private complainants

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2. Whether or not the firing of the service pistol was only a warning
shot
B. Legal Issues
1. Whether or not the crime of reckless imprudence resulting to
serious physical injuries and the crime of attempted homicide are
present in the case
2. Whether or not the accused was merely acting in self-defense
III. Relevant Law and Jurisprudence
A. As to reckless imprudence resulting to serious physical injuries
Under the Art. 365 of the Revised Penal Code, reckless imprudence
has been defined as;
Reckless imprudence consists in voluntary, but without
malice, doing or falling to do an act from which material
damage results by reason of inexcusable lack of
precaution on the part of the person performing of failing
to perform such act, taking into consideration his
employment or occupation, degree of intelligence,
physical condition and other circumstances regarding
persons, time and place.
Under Art. 262 of the Revised Penal Code, serious physical injuries
shall be committed among others by;

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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:
xxxx
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.
xxxx

In Pilares vs. People, the Supreme Court enunciated the elements of

Serious Physical Injuries,
Based on this provision, the elements of the crime of
serious physical injuries under paragraph 4 of the
Revised Penal Code may be deduced as follows:
1. That the offender has wounded, beaten, or assaulted
another; and
2. That the physical injuries inflicted shall have caused
the illness or incapacity for labor of the injured person
for more than 30 days.
Further, there must be no intent to kill on the part of the
offender in inflicting the injury.
B. As to attempted homicide
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Article 6 of the Revised Penal Code states and defines the stages of a
felony in the following manner:
xxx ART. 6. Consummated, frustrated, and attempted
felonies.
There is an attempt when the offender commences the
commission of a felony directly by overt acts, and does
not perform all the acts of execution which should
produce the felony by reason of some cause or accident
other than his own spontaneous desistance. Xxx
In Colinares vs. People, the Supreme Court elucidated that the main
element of attempted or frustrated homicide is the accuseds intent to take
his victims life. The prosecution has to prove this clearly and convincingly
to exclude every possible doubt regarding homicidal intent. And the intent to
kill is often inferred from, among other things, the means the offender used
and the nature, location, and number of wounds he inflicted on his victim.
The Supreme Court ruled that when the accused intended to kill his
victim, as shown by his use of a deadly weapon and the wounds he inflicted,
but the victim did not die because of timely medical assistance, the crime is
frustrated murder or frustrated homicide. If the victims wounds are not fatal,
the crime is only attempted murder or attempted homicide.
IV. Testimony of the witness to support the plaintiffs theory of the case
Maricon Viniegra, of legal age, neighbor of the accused and one of the
private complainants, deposed and stated that on or about December 29,
2009, while she was on the streets near her house, saw one PO1 Dan Mark
Domingo approach the store owned by the private complainant Gilbert
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Clarito. As Domingo was about to leave the store, he fired several shots
aimed at Gary Clarito, the brother of private complainant Gilbert Clarito.
Maricon likewise saw Gilbert restraining Domingo trying to pacify him.
However, Gilbert was unsuccessful, hence he ran to a nearby tricycle.
Domingo tried to shoot Gilbert twice but due to poor aim, he missed. He
then fired indiscriminately in several directions. One of the bullets struck
Maricon injuring her right thigh.
V. Probable Testimony of the Defense Witness
The defense will probably present the accused Dan Mark Domingo as
its witness. It is possible based on the accuseds counter-affidavit that he will
state that he had no intent to injure or harm any person during that day of
December 29, 2009. Domingo will probably allege that he was unduly
provoked by the Clarito brothers. This caused Domingo to fire his pistol
upwards which when the bullet hit the ground, ricochet causing the death of
Gary and injury of Maricon.
VI. Evidence to be presented
A. Plaintiff
1. Testimony of the victim Maricon Viniegra
2. Police report of the General Trias Police Department
3. Joint Affidavit of the arresting police officers
4. Ballistics Report from the PNP Crime Laboratory
5. Hospital Billings incurred by Maricon Viniegra
6. Medical Certificate of Maricon Viniegra
7. Vicinity Map of the Barangay
8. Order of dismissal from service rendered by the PNP
9. Photographs of the scene of the crime

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B. Defendant
1. Testimony of the accused Dan Mark Domingo

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