Monday, March 7, 2016

Immediate filing of counter charges. - "The element of immediacy in the filing lends credence to petitioner’s profession of innocence, particularly of the charge of disobeying lawful order or resisting arrest. "


EDMUND SYDECO y SIONZON vs. PEOPLE OF THE PHILIPPINES, G.R. No. 202692, November 12, 2014

“x x x.

Parenthetically, the Office of the City Prosecutor of Manila, per its Resolution35 of November 21, 2006 found, on the strength of another physical examination from the same Ospital ng Maynila conducted by Dr. Devega on the petitioner on the same day,June 12, but later hour, probable cause for slight physical injuries against P/Insp. Aguilar et al. 

That finding to be sure tends to indicate that the police indeed man handled the petitioner and belied, or at least cancelled out, the purported Dr. Balucating’s finding as to petitioner’s true state.

The Court must underscore at this juncture that the petitioner, after the unfortunate incident, lost no time in commencing the appropriate criminal charges against the police officers and Dr. Balucating, whom he accused of issuing Exh. "F" even without examining him. 

The element of immediacy in the filing lends credence to petitioner’s profession of innocence, particularly of the charge of disobeying lawful order or resisting arrest. 

Certainly not to be overlooked is the fact that petitioner, in so filing his complaint, could not have possibly been inspired by improper motive, the police officers being complete strangers to him and vice versa. 

Withal, unless he had a legitimate grievance, it is difficult to accept the notion that petitioner would expose himself to harm’s way by filing a harassment criminal suit against policemen.

X x x.”