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Republic of the Philippines

DEPARTMENT OF JUSTICE
OFFICE OF THE PROVINCIAL PROSECUTOR
Province of _______
_________

EBA KUNCIANO, NPS-X-02a-INV-17E-76007


CONRAD FULHAN,
Complainants
-versus-
JERG FADSR, For: DIRECT ASSAULT and
Respondent RESISTANCE AND DISOBEDIENCE
UPON PERSON IN AUTHORITY
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RESOLUTION
For resolution is a complaint filed by Barangay Kagawad _________and
Barangay Kagawad _______ of ________ , ______ , _______ against _________.
The complainants aver that on May 17, 2017 at about 5 oclock in the
afternoon, they were on their way home when they saw ________ ______ who was
apparently drunk provoking trouble.
They tried to pacify him but instead of submitting, the respondent threatened
them saying Ukinnayo uray barangay opisyal kayo, haan kayo kabuteng. Sika Evelyn,
gaga ka, patayen kan to pay, translated as Vulva of your mother! Even if you are
barangay officials, Im not afraid of you! You, Evelyn, stupid, I can kill you. He then
picked up stones and threw it at them.
The commotion was temporarily pacified when ___________ tried to
intervene. However, after a few moment, respondent again started ranting and shouted
Uray sika, gago, paltogan kan to pay! This prompted them to stop him again but
respondent resisted. Barangay Captain _______________later arrived but when their
efforts were unfruitful, they were constrained to ask help from the police station.
Finding merit on the complaint, a subpoena was sent to the respondent.
However, no Counter-Affidavit was submitted.
Basing on the evidence at hand, there is probable cause to indict respondent of
the crime of Simple Resistance and Disobedience Upon a Person in Authority or his
Agent defined and penalized under Article 151 of the Revised Penal Code.
Respondent was aware __________ and ________ are Barangay Kagawad of
_____________ , _______ . Despite such knowledge, he went on cursing them and
resisting their authority. However, the force employed by the respondent was not
serious, thus there can be no direct assault.
WHEREFORE, premises considered, it most respectfully recommended that
an Information for Simple Resistance or Disobedience to an Agent of a Person in
Authority under Article 151 be filed against respondent ______________.
August 1, 2017.