Man seeks justice for assaulted uncle

Man seeks justice for assaulted uncle "My uncle was stabbed a month ago. We do not know the name of the person who stabbed him but there were witnesses who saw and recognized the man who did it and they have already given their statements to the police. We were told that this man resides in a nearby barangay and is known to be a ""war freak"" and drug-user. We do not mean to pass judgment on him because we know that it is up to our justice system to punish him. But we would just like to know whether the case that we will file would push through even if we do not know his complete name. We are truly hoping that justice will prevail because my uncle and his family are really suffering a lot since the unfortunate incident happened especially with the expenses for his hospitalization and medication. Smokey Dear Smokey,We are sorry to hear about what happened to your uncle. It is truly a very unfortunate incident. Commission of crimes is very rampant these days. That is why each and every one of us must be vigilant so that we will not become victims of assaults and the like. It is without question that it is your uncle's right to file a complaint against the person who assaulted him. Thus, he may do whatever is legally provided for under the law so that he can obtain the justice he seeks. Should he still be under medication and could not attend to the filing of said complaint, he may be assisted by his family.They may seek the help of our police authorities to investigate on the said incident. Statement of those who witnessed the commission of the offense may also be taken, as it will greatly help in establishing the facts surrounding his attack, as well as the identity of the person who stabbed him. Thereafter, they may proceed to the office of the city or provincial prosecutor of the place where the offense transpired in order to file the said complaint. Should the prosecutor find that the person accused of having committed the crime against your uncle is probably guilty thereof, appropriate information will then be filed in court.Please be advised that it is necessary for a criminal complaint or information to be sufficient in form and in substance. As a rule, a complaint or information is considered as sufficient if it states the following: (1) name of the accused (2) designation of the offense given by the statute (3) acts or omissions complained of as constituting the offense (4) name of the offended party (5) approximate date of the commission of the offense (6) place where the offense was committed. (Section 6, Rule 110, Rules of Court)As can be gleaned from the foregoing, the name of the accused is necessary. However, please bear in mind that the fact that you do not know the complete name of the person who attacked your uncle is not a hindrance to the filing of the criminal complaint or information because under the law, the person who is accused of the commission of a crime may be described under a fictitious name with a statement that his true name is unknown. (Section 7, Rule 110, id)But, once the name of the accused is known to your uncle or to his family, it must be made known to the court where the case is filed and said name must be inserted in the information. We hope that we were able to answer your queries. We also hope that your uncle finds justice for his ordeal. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor's note: Dear PAO is a daily column of the Public Attorney's Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao and send to 2299)." - https://www.affordablecebu.com/