Complaint Affidavit Unjust Vexation - PDF

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					                                    Republic of the Philippines
                                       Department of Justice
                               OFFICE OF THE CITY PROSECUTOR
                                          Marikina City

ERIC D. DELOS REYES,                                    I.S. No. 07-2309

        -versus-                                                 -for-

RIZAL C. SANTOS,                                        THREATS AND
                 Respondent.                            UNJUST VEXATION


       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

        The denial1 interposed by respondent cannot withstand the overwhelming pieces of

         People v. Padilla, 383 SCRA 758
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

        Marikina City, August 26, 2008.

                                                              PRIMO P. ALONZO, II
                                                                   State Prosecutor

(Per Authority under Office Order
No. 2007-64 dated Sept. 14, 2007)

1st Assistant City Prosecutor


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

        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)

      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

        Marikina City, August 26, 2008.
                                                        PRIMO P. ALONZO, II
                                                            State Prosecutor
(Per Authority under Office Order
No. 2007-64 dated Sept. 14, 2007)

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.

1. Eric Delos Reyes      - #125-A Rose St. Permaline Homes Nangka Marikina City.
   And Others.
                                 BAIL RECOMMENDED:Bail not required.

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