Republika ng Pilipinas

Lalawigan ng Batangas
BULWAGAN NG KATARUNGAN
Pallocan, Lungsod ng Batangas

TANGGAPAN NG PANLALAWIGANG TAGAUSIG

xxxxxxxx, NPSD NO. IV-02- INV-15I-00917

Complainants,
-for-
-against-
VIOLATION OF REPUBLIC ACT
VERGILIO BOROMEO y 7610 ( CHILD ABUSE )
ANGANG,
Respondent.

x-----------------------------------------------------------------------------------------x

RESOLUTION

This resolves the above- entitled complaint filed by xxxxxx ,

assisted by her father, Narciso Caringal y Abe against Vergilio
Boromeo y Angang.
The salient facts culled from the records are as follows:

Complainant alleged that on 12 September 2015 at around

11:00 o’clock in the morning, while she was taking a bath naked
inside their bathroom, she saw respondent peeping through the small
window. When respondent saw her looking at him, he immediately
left. Complainant shouted “ isusumbong ko sya”.While seated
therein , she was surprised when the bathroom door suddenly
opened as respondent kicked it. Complainant was able to close the
door even if respondent tried to push it . Respondent told her “ huwag
akong magsusumbong at patay ako sa kaniya “ which she replied “
oo hindi ako magsususmbong umalis ka na diyan “. Thereafter,
complainant went to the bedroom of the house. She thought that
respondent already left, however, respondent knocked the door and
tried to open it while uttering “ binabalaan kita, huwag kang
magsusumbong at hindi kita papatulugin at papatayin kita” . She told
what happened to her to her parents. They went to Bauan Municipal
Police Station to report the incident. Hence, this case.

To support the above complaint, complainant submitted in

evidence photocopies of the Certificate of live Birth of Michelle
Marcelino.
NPSD No.IV-02-INV-15I-00917
Resolution
Page 2 of 3

Pursuant to Rule 112 of the Revised Rules of Criminal

Procedure, the above complaint was set for preliminary investigation.
During the conduct of preliminary investigation particularly on 12
October and 19 October 2015 , both parties failed to appear in this
Office for preliminary investigation . Hence, the case was submitted
for resolution.
Prior to the release of the resolution, complainant submitted a
letter requesting that the case be re-opened on the ground that they
received the subpoena late. Preliminary Investigation was set again
on 29 February and 07 March 2016. However, respondent failed to
appear again and submit his counter-affidavit . Considering that the
sworn statement of complainant remains to date uncontroverted, the
same stands in the absence of any evidence to the contrary.
Hence, this resolution.

After careful evaluation of the evidence at hand, undersigned

finds probable cause to charge Vergilio Boromeo y Angang with
Unjust Vexation and not for Violation of Republic Act 7610.

As defined, Unjust vexation includes any human conduct

which, although not productive of some physical o material harm
would, however, unjustly annoy or vex an innocent person. The
Supreme Court in People vs Gozum C.A.,54 O.G. 7409 states that “
the paramount question to be considered, is whether the offender’s
act caused annoyance, irritation, torment, distress or disturbance to
the mind of the person to whom it is directed”.

Records bear out that the element of lewd design is wanting in

the instant case . However, it is noted that respondent’s acts caused
annoyance, irritation, torment, distress, or disturbance to the mind of
complainant. When complainant after the incident related to her
parents what she perceived to be a sexual attack and the fact that
she filed a case against respondent showed that she was disturbed,
if not distressed, by the acts of respondent .

WHEREFORE, and in view of the foregoing, undersigned

hereby charges Vergilio Boromeo y Angang with the crime of Unjust
Vexation committed against Michelle Caringal y Marcelino . Attached
herewith is the corresponding information to be filed in proper court.

For your approval.

Batangas City, 11 April 2016.

NPSD No.IV-02-INV-15I-00917
Resolution
Page 3 of 3

xxxxxx
Associate Prosecution Attorney II

RECOMMENDING APPROVAL:

xxxxxxxx
Prosecutor IV
Senior Deputy Provincial Prosecutor

APPROVED:

LOURDES G. RAMIREZ-ZAPANTA
Prosecutor V
Provincial Prosecutor

Copy furnished:

xxxxxx
Barangay San Agustin , Bauan, Batangas

xxxxxxx
Barangay Baguilawa , Bauan, Batangas