Complaint-Affidavit Grave Threats

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Republic of the Philippines 10th_{Judicial Region} REGIONAL TRIAL COURT

Branch 31, Surigao City PEOPLE OF THE PHILIPPINES,

Plaintiff,

CRIM. CASE NO. 1234

- versus - For: Grave Threats

VALERIANO E. SISON,

Accused. x---x

COMPLAINT-AFFIDAVIT

I, RHIUM TRUCE SALVADOR, of legal age, Filipino, with residence at 123 Nueva Street, Surigao City, after being sworn in accordance with the law, hereby depose and state:

1. That I know the person of VALERIANO E. SISON, of legal age, Filipino, with residence at Barangay Lipata, Surigao City;

2. That the accused and I executed a contract of loan, whereby he borrowed from me the amount of Twenty Thousand Pesos (P20,000.00), evidenced by a promissory note dated January 2, 2015. A copy of the promissory note is hereto attached as Annex A;

3. That on January 3, 2015 at about 3:00 pm, I, together with my driver, LEONIL SILVOSA, approached the residence of the accused in Barangay Lipata, Surigao City, to demand payment of the said loan. The affidavit of LEONIL SILVOSA is hereto attached as Annex B;

4. That the accused refused to pay the said loan and instead demanded that I leave immediately. However, I expressed my insistence on the payment of the loan;

5. That the accused then clutched the handle of a bolo fastened around his waist and uttered the following words in a resentful and threatening manner: “Di mo kasabot? Di pa lage ko

mubayad. Tagaan ra nako mo ug trenta segundos. Kung naa pa gale mo diri, panigbason na nako mo! Ilabay pa nako inyong mga patay nga lawas sa suba!”

6. That out of fear for my life, I gave in to his demands and left unsatisfied;

7. That during the altercation, I noticed that ANNE MARIE FORTUS, the next-door neighbor of VALERIANO E. SISON, was observing the events as they transpired from her own house. The affidavit of ANNE MARIE FORTUS is hereto attached as Annex C;

8. That immediately after the said incident occurred, I reported the matter to the Barangay Councilor IRENE ECLEO, who was the Officer of the Day stationed in the Barangay Hall of Lipata. The affidavit of Barangay Councilor Irene Ecleo is hereto attached as Annex D;

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9. That on January 31, 2015, I went to the Office of the City Prosecutor to file charges against the accused;

10. That upon consultation with my lawyer, I understand that the acts of the accused qualify for the crime of GRAVE THREATS punishable under Article 282 of the Revised Penal Code; and 11. That I am executing this affidavit to attest to the truth of

the foregoing facts and for the purpose of filing a criminal complaint for GRAVE THREATS against the accused, who may be served with subpoenas and other court processes at his last known address at Barangay Lipata, Surigao City.

IN WITNESS WHEREOF, I hereunto set my hand on this 31st_{day of} January 2015 at Surigao City, Philippines.

RHIUM TRUCE SALVADOR Affiant-Complainant

SUBSCRIBED AND SWORN to before me this 31st_{day of January 2015,} Surigao City, Philippines, affiant appearing before me with his Philippine Driver’s License Number 123 issued by the Land Transportation Office on January 1, 2014 at Surigao City and presenting to me a document entitled AFFIDAVIT, affiant is identified through his official ID card bearing his photograph and signature, and who signed the said document in my presence and swore that he understood the contents thereof and that the same was his free and voluntary act and deed.

JASON OLIVER C. SUN Office of the City Prosecutor Surigao City, Surigao del Norte Roll No. 234

IBP No. 234; 01-01-15; Surigao City PTR No. 234; 01-01-15; Surigao City

MCLE Compliance No. 234 CERTIFICATION

I hereby certify that I have examined the Affiant and that I am fully satisfied that he has voluntarily executed and understood the contents of the Complaint-Affidavit.

JASON OLIVER C. SUN Office of the City Prosecutor Surigao City, Surigao del Norte Roll No. 234

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PTR No. 234; 01-01-15; Surigao City

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ANNEX A

PROMISSORY NOTE

I, VALERIANO E. SISON, of legal age, Filipino, with residence at Barangay Lipata, Surigao City, promise to pay RHIUM TRUCE SALVADOR or order Twenty Thousand Pesos (P20,000), with interest at a rate of 12% per annum, on or before January 10, 2015.

VALERIANO E. SISON Debtor

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ANNEX B AFFIDAVIT

I, LEONIL SILVOSA, of legal age, Filipino, with residence at 234 Navarro Street, Surigao City, after being sworn in accordance with the law, hereby depose and state:

2. That I know the person of RHIUM TRUCE SALVADOR, of legal age, Filipino, with residence at 123 Nueva Street, Surigao City;

3. That I have been employed as the driver of RHIUM TRUCE SALVADOR since January 1, 2014;

4. That on January 3, 2015 at about 3:00 pm, I accompanied RHIUM TRUCE SALVADOR to Barangay Lipata, Surigao City, in order to collect from VALERIANO E. SISON payment for a particular loan; 5. That VALERIANO E. SISON refused to pay the said loan and

instead demanded that we leave immediately. However, RHIUM TRUCE SALVADOR expressed his insistence on the payment of the loan;

6. That VALERIANO E. SISON then clutched the handle of a bolo fastened around his waist and uttered the following words in a resentful and threatening manner: “Di mo kasabot? Di pa lage ko

7. That out of fear for our lives, we gave in to his demands and left unsatisfied;

8. That immediately after the said incident occurred, we reported the matter to the Barangay Councilor IRENE ECLEO, who was the Officer of the Day stationed in the Barangay Hall of Lipata; and 9. That I am executing this affidavit to attest to the truth of the

foregoing facts.

IN WITNESS WHEREOF, I hereunto set my hand on this 20th_{day of} January 2015 at Surigao City, Philippines.

LEONIL SILVOSA Affiant

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SUBSCRIBED AND SWORN to before me this 31st_{day of January 2015,} Surigao City, Philippines, affiant appearing before me with his Philippine Driver’s License Number 234 issued by the Land Transportation Office on January 1, 2014 at Surigao City and presenting to me a document entitled AFFIDAVIT, affiant is identified through his official ID card bearing his photograph and signature, and who signed the said document in my presence and swore that he understood the contents thereof and that the same was his free and voluntary act and deed.

ANDRES BONIFACIO

Notary Public for Surigao City 123 Borromeo Street, Surigao City Roll No. 123

MCLE Compliance No. 123 Doc No. 02

Page No. 02 Book No. 02 Series of 2015

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ANNEX C AFFIDAVIT

I, ANNE MARIE FORTUS, of legal age, Filipino, with residence at Barangay Lipata, Surigao City, after being sworn in accordance with the law, hereby depose and state:

3. That I am the next-door neighbor of VALERIANO E. SISON;

4. That our lots are separated by an interlink fence, which offered me a direct and unobstructed view of the front lawn of the residence of VALERIANO E. SISON;

5. That on January 3, 2015 at about 3:00 pm, while I was tending to the plants in my garden, I overheard raised voices coming from the residence of VALERIANO E. SISON;

6. That out of concern, I observed the altercation between RHIUM TRUCE SALVADOR, who was accompanied by a companion, and VALERIANO E. SISON;

7. That during the course of my observation, I saw and heard VALERIANO E. SISON clutch the handle of a bolo fastened around his waist and utter the following words in a resentful and threatening manner: “Di mo kasabot? Di pa lage ko mubayad.

Tagaan ra nako mo ug trenta segundos. Kung naa pa gale mo diri, panigbason na nako mo! Ilabay pa nako inyong mga patay nga lawas sa suba!”

8. That after he made the said statement, I saw RHIUM TRUCE SALVADOR and his companion give in to VALERIANO E. SISON’s demands by leaving his residence;

9. That I am executing this affidavit to attest to the truth of the foregoing facts.

ANNE MARIE FORTUS Affiant

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SUBSCRIBED AND SWORN to before me this 31st_{day of January 2015,} Surigao City, Philippines, affiant appearing before me with her Philippine Driver’s License Number 345 issued by the Land Transportation Office on January 1, 2014 at Surigao City and presenting to me a document entitled AFFIDAVIT, affiant is identified through her official ID card bearing her photograph and signature, and who signed the said document in my presence and swore that she understood the contents thereof and that the same was her free and voluntary act and deed.

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ANNEX D AFFIDAVIT

I, IRENE ECLEO, of legal age, Filipino, with residence at Barangay Lipata, Surigao City, after being sworn in accordance with the law, hereby depose and state:

3. That I am a duly elected Barangay Councilor of Barangay Lipata, Surigao City;

4. That on January 3, 2015 at about 3:00 pm, I was the assigned Officer of the Day stationed in the Barangay Hall of Lipata;

5. That on the same day, RHIUM TRUCE SALVADOR reported an alleged GRAVE THREAT made by VALERIANO E. SISON upon the person of the former;

6. That according to the report of RHIUM TRUCE SALVADOR, VALERIANO E. SISON clutched the handle of a bolo fastened around his waist and uttered the following words in a resentful and threatening manner: “Di mo kasabot? Di pa lage ko

7. That out of fear for his life, RHIUM TRUCE SALVADOR gave in to VALERIANO E. SISON’s demands and immediately made the aforementioned report; and

8. That I am executing this affidavit to attest to the truth of the foregoing facts.

IRENE ECLEO Affiant

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SUBSCRIBED AND SWORN to before me this 31st_{day of January 2015,} Surigao City, Philippines, affiant appearing before me with her Philippine Driver’s License Number 456 issued by the Land Transportation Office on January 1, 2014 at Surigao City and presenting to me a document entitled AFFIDAVIT, affiant is identified through her official ID card bearing her photograph and signature, and who signed the said document in my presence and swore that she understood the contents thereof and that the same was her free and voluntary act and deed.