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    RESTY JUMAQUIO V

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    iezner1
    The petitioner Resty Jumaquio is accused of abusing and threatening two boys aged 13 and 17. He is charged with two counts of child abuse - one for using threatening language and another for causing physical harm. Jumaquio argues the charges are duplicitous and should be quashed. However, the court rejects the petition, finding the charges independently accuse Jumaquio of two different counts of child abuse under the law. While the crimes were incorrectly identified, the facts describe child abuse as defined by law - including both psychological abuse through threatening language and physical abuse by inflicting bodily harm. An information is not duplicitous if it charges several related acts constituting a single offense.

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    RESTY JUMAQUIO V

    Uploaded by

    iezner1
    69 views2 pages
    The petitioner Resty Jumaquio is accused of abusing and threatening two boys aged 13 and 17. He is charged with two counts of child abuse - one for using threatening language and another for causing physical harm. Jumaquio argues the charges are duplicitous and should be quashed. However, the court rejects the petition, finding the charges independently accuse Jumaquio of two different counts of child abuse under the law. While the crimes were incorrectly identified, the facts describe child abuse as defined by law - including both psychological abuse through threatening language and physical abuse by inflicting bodily harm. An information is not duplicitous if it charges several related acts constituting a single offense.

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    RESTY JUMAQUIO v

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    The petitioner Resty Jumaquio is accused of abusing and threatening two boys aged 13 and 17. He is charged with two counts of child abuse - one for using threatening language and another for causing physical harm. Jumaquio argues the charges are duplicitous and should be quashed. However, the court rejects the petition, finding the charges independently accuse Jumaquio of two different counts of child abuse under the law. While the crimes were incorrectly identified, the facts describe child abuse as defined by law - including both psychological abuse through threatening language and physical abuse by inflicting bodily harm. An information is not duplicitous if it charges several related acts constituting a single offense.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    69 views2 pages

    RESTY JUMAQUIO V

    Uploaded by

    iezner1
    The petitioner Resty Jumaquio is accused of abusing and threatening two boys aged 13 and 17. He is charged with two counts of child abuse - one for using threatening language and another for causing physical harm. Jumaquio argues the charges are duplicitous and should be quashed. However, the court rejects the petition, finding the charges independently accuse Jumaquio of two different counts of child abuse under the law. While the crimes were incorrectly identified, the facts describe child abuse as defined by law - including both psychological abuse through threatening language and physical abuse by inflicting bodily harm. An information is not duplicitous if it charges several related acts constituting a single offense.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    RESTY JUMAQUIO v. HON. JOSELITO C.

    VILLAROSA, in his capacity as Presiding Judge of San Jose


    City Regional Trial Court, Branch 39 [G.R. NO. 165924 : January 19, 2009 THIRD DIVISION]

    Facts:
    The incident took place on August 2, 2003, and the petitioner, Resty Jumaquio, is accused of abusing and
    threatening two boys who were 13 and 17 at the time. According to what the kids claimed, on the
    morning of the specified date, Resty, a neighbor, exclaimed indignantly at the younger child, "You, son
    of a bitch, I've had enough of you, I'll destroy your family!" after noticing him. The petitioner, who was
    drinking at the time, cursed the children and their mother that evening as they crossed the road in front
    of a different neighbor's home. The mother cursed him back with disgust. Resty then tossed a stone in
    his direction, but it missed the elder child. Resty picked up another stone to throw toward the children's
    father when he left their adjacent home, but the older child hurried to Resty to grab it. Resty then
    started punching the 17-year-old repeatedly. The younger brother intervened, but he too was struck on
    the left face. When Resty yelled at his son to get a gun, the family hastily returned home. Resty then
    threw stones at the home of the family while yelling, "You, sons of bitches, I am a zone leader, I will
    murder you all!".

    The trial court issued warrant of arrest and fixed the bail at P80000 for each case, which it is reduced to
    P40000 each due to motion of the petitioner. After posting bail the petitioner moved for the quashal of
    the informations for being duplicitious. The petitioner argued that he stood charge of two different
    crimes grave threats under RA 610 (SJC-78-04) and physical injuries under another violation of the said
    law(SJC-79-04); grave threats should not be considered as a crime in relation of RA 7610 and the said
    separate crimes could not be complexed, as neither may be considered to fall within RA 7610. Resty
    states that from following section 3(e.), Rule 117 of the Revised Rules on Criminal Procedure, the
    following information should therefore be quashed.

    Issues:
    Whether the informations shall be quashed?

    Held:
    The petition must be rejected since it is without merit. The questioned material independently accuses
    two different counts of child abuse, as the City Prosecutor has rightly argued Criminal Case No. Criminal
    Case No. SJC-78-04 for child abuse perpetrated while using threatening language and SJC-79-04 for
    causing physical harm to a kid while abusing them. In light of this, the petitioner is not in danger of being
    found guilty of serious threats and child abuse in the first case and of minor bodily injuries and child
    abuse in the second, as he claims. Even though the crimes were incorrectly identified, Section 10 of the
    R.A. plainly defines child abuse as an offense in the averments in the material. No. 7610. According to
    the aforementioned law, "child abuse" refers to any type of maltreatment of a child, whether it be
    routine or not. This includes psychological and physical abuse, cruelty, emotional maltreatment, and any
    act by words or deeds that diminishes a child's inherent worth and dignity as a human being. The
    petitioner is accused with child abuse in the first information for allegedly using insulting, humiliating,
    and degrading language against the youngster. In the second, he is accused of abusing children by
    inflicting bodily harm that diminishes the dignity of the kids as people. The information's real facts are
    what matter, not its heading or the description of the offense. Moreover, an information is not
    duplicitous if it charges several related acts, all of which constitute a single offense.

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