Administrative Order No. 83, January 31, 1964

REPRIMANDING ASSISTANT FISCAL DIONISIO CLARIDAD OF BAGUIO CITY

This is an administrative case against Mr. Dionisio Claridad, assistant fiscal of Baguio City, for having allegedly inflicted physical injuries on Mr. Antonio Niñalga, the complainant. The case was investigated by the Department of Justice.

On November 3, 1961, about eight oclock in the evening, respondent, in company with his children and some friends, was driving a car along Governor Pack Road. Upon reaching the intersection of Harrison Road, he stopped because of a truck, coming from Harrison Road toward Governor Pack. The truck, which was driven by the complainant, turned toward the right side and owing perhaps to miscalculation or because the driver was drunk, it rammed against the left rear side of respondents car. Complainant did not stop, and respondent pursued him 1½ kilometers away from the site of the accident. Respondent boarded the truck, and assaulted complainant, causing him physical injuries which took 4 to 6 days to heal as shown in the medical certificate issued by a doctor of the Baguo General Hospital where he was treated.

An on-the-spot investigation showed that complainant was drunk and incoherent in his speech. He did not give a statement despite repeated requests made by the: chief of police. His allegations that he was struck, with, the butt of a gun and that he did not feel the impact of the collision, to explain his failure to stop, are extremely doubtful, the same being contrary to the ordinary course of things. If he were hit with the butt of a gun, he would have sustained more serious injuries than he actually had.

From the report of the investigator of the Department of Justice it is gathered that respondent was prompted, to act as he did because of the profane language and insults hurled against him by the complainant, who was drunk at the time, in the presence of respondents children. Thus, the department investigator observed.

“Although the opinion of the undersigned is that Fiscal Claridad had no right to maul or hit the complainant, the “background of the ease as found out by the undersigned in his investigation is in favor of Fiscal Claridad. No self-respecting man can tolerate being insulted by a drunkard in the presence of his children. No self-respecting man can ignore profanity to be freely used against him when his children are present. Its a fathers pride to he respected by his children and that pride is very badly hurt when a drunken driver freely insults a person in authority. We did not find anything in favor of the complainant.”

The above observations appear well taken and, considering the circumstances of sufficient provocation and obfuscation in favor of the respondent, Assistant Fiscal Dionisio Claridad is hereby strongly reprimanded, with a warning that repetition of similar act will be dealt with more severely.

Done in the City of Manila, this 31st day of January, in the year of Our Lord, nineteen hundred and sixty-four.

(Sgd.) DIOSDADO MACAPAGAL

President of the Philippines

By the President:

(Sgd.) JUAN S. CANCIO

Acting Assistant Executive Secretary