Republic of the Philippines Department of Justice OFFICE OF THE CITY PROSECUTOR Marikina City ERIC D. DELOS REYES, I.S. No. 07-2309 Complainant, -versus- -for- RIZAL C. SANTOS, THREATS AND Respondent. UNJUST VEXATION x--------------------------------------x RESOLUTION This resolves the complaints for threats and unjust vexation against Rizal C. Santos filed by Eric De Los Reyes. Complainant asserts that on November 24, 2007 at about 6:00 in the evening, he allegedly saw respondent in the vicinity of Savoy corner Mangga Streets, Saint Benedict Subdivision, Nangka, Marikina City. Allegedly, respondent gave complainant some dagger looks, insulted, cursed and even challenged him to a fistfight duel without having provoked him to do so. More specifically, respondent allegedly shouted at complainant: “kupal ka putang ina mo.” When complainant stopped his motorcycle to ask respondent why he said those words, respondent allegedly retorted: gusto ko eh! Kupal ka naman talaga putang ina mo tanga papatayin kita!” In his counter-affidavit, respondent denies in a wholesale manner the accusations against him. Although he admits having uttered the words “kupal mo”, respondent says that he was merely joking around with his friends who were with him at that time and was not referring to complainant who happened to pass by. He further claims that complainant harbors ill feelings against him because his father is complainant’s political adversary. Respondent also asserts that complainant’s brothers entered his house without permission at 11:00 in the evening on November 24, 2007, armed with a gun and said: “ang yabang mo, wala ka naman sinabi”. Finally, respondent asserts that the crimes of unjust vexation and threats have already prescribed, thus, must be dismissed. The crimes of grave threats and unjust vexation were committed on November 24, 2007 and complainant filed his complaint-affidavit before this Office, two (2) days later, i.e., on November 26, 2007. Accordingly, the plea of prescription of offenses made by respondent is unavailing. The denial1 interposed by respondent cannot withstand the overwhelming pieces of ----- 1 People v. Padilla, 383 SCRA 758 Resolution I.S. No. 07-2309 Page 2 ----- evidence submitted by complainant. The assertions made by complainant are not only more believable than the denial made by respondent, they are also corroborated by the sworn declarations of several disinterested witnesses. Having uttered the phrase, papatayin kita, a threat that amounts to a crime, respondent is guilty of the crime of grave threats. The additional statements he made at that same time, although annoying to complainant, cannot properly be severed to justify the filing of an independent charge of unjust vexation because there is only one (1) factual basis. This is pursuant to the doctrine of common elements.2 The assertion of respondent regarding the actuation of the two (2) brothers of complainant in attacking the house of respondent in the evening of November 24, 2007, even if true, cannot prejudice the complaint filed by complainant. If respondent really felt aggrieved and desired to obtain justice for himself, he should have filed the necessary complaint before this Office for the immediate vindication of his rights. Certainly, the mention of such matter herein is simply used to cushion the impact of the accusation against him made by complainant. It is irrelevant as far as the complaint herein is concerned. WHEREFORE, premises considered, let information for grave threats be filed against respondent. Marikina City, August 26, 2008. PRIMO P. ALONZO, II State Prosecutor APPROVED: (Per Authority under Office Order No. 2007-64 dated Sept. 14, 2007) NESTOR V. GAPUZAN 1st Assistant City Prosecutor /lfp082608 Copy Furnished: Eric C. De Los Reyes 125A Rose Street, Permaline Homes Nangka, Marikina City Rizal C. Santos 831 JP Rizal Street Nangka, Marikina City 2 See People v. Reyes, 56 Phil. 286, cited in Regalado, Criminal Law Conspectus, 2007 Edition, pp. 178-179 Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT Marikina City PEOPLE OF THE PHILIPPINES, CRIM. CASE NO.____________ (I.S. No:07-2309) -versus- -for- RIZAL C. SANTOS, GRAVE THREATS (#831 J.P. Rizal St., Nangka Marikina City) Accused. x-----------------------------------------x INFORMATION The undersigned State prosecutor accuses RIZAL SANTOS of the crime of Grave Threat committed as follows: That on or about the 24th day of November 2007, in the City of Marikina, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, did then and there willfully, unlawfully and feloniously threaten complainant ERIC DE LOS REYES, by then and there shouting “kupal ka putang ina mo”: “gusto ko eh! Kupal ka naman talaga putang ina mo tanga papatayin kita!” or words of similar import, thereby causing the complainant to be threatened. CONTRARY TO LAW. Marikina City, August 26, 2008. PRIMO P. ALONZO, II State Prosecutor APPROVED: (Per Authority under Office Order No. 2007-64 dated Sept. 14, 2007) NESTOR V. GAPUZAN 1st Assistant City Prosecutor This is to certify that a preliminary investigation was conducted in this office; that the accused was informed of the complaint and of the evidence submitted against him; that he was given the opportunity to submit controverting evidence; that based on the evidence presented, there is reasonable ground to believe that the crime has been committed and that the accused is probably guilty thereof; and that this Information is being filed with the prior authority of the City Prosecutor. PRIMO P. ALONZO, II State Prosecutor SUBSCRIBED AND SWORN to before me this _______________ in Marikina City. WITNESSES: 1. Eric Delos Reyes - #125-A Rose St. Permaline Homes Nangka Marikina City. And Others. BAIL RECOMMENDED:Bail not required.