Scribd
Upload
63 views3 pages

Claw, Affidavit

1. Josephino P. Cerdeña Jr. is filing an affidavit-complaint charging John Doe 1 and John Doe 2 with the crime of grave threats. 2. While conducting surveillance for a class project, Cerdeña and his classmates witnessed two men on motorcycles staring at them suspiciously. 3. Their professor Atty. Lance Dador had previously mentioned receiving death threats. 4. Cerdeña believes the elements of the crime of grave threats are met against Atty. Dador and the affidavit is being filed to formally charge John Doe 1 and John Doe 2 with this crime.

Uploaded by

Cerdeña Josephino Jr.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
63 views3 pages

Claw, Affidavit

1. Josephino P. Cerdeña Jr. is filing an affidavit-complaint charging John Doe 1 and John Doe 2 with the crime of grave threats. 2. While conducting surveillance for a class project, Cerdeña and his classmates witnessed two men on motorcycles staring at them suspiciously. 3. Their professor Atty. Lance Dador had previously mentioned receiving death threats. 4. Cerdeña believes the elements of the crime of grave threats are met against Atty. Dador and the affidavit is being filed to formally charge John Doe 1 and John Doe 2 with this crime.

Uploaded by

Cerdeña Josephino Jr.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

Republic of the Philippines)

Bacoor City Cavite )s.s.


x------------------------------x

AFFIDAVIT - COMPLAINT

I, JOSEPHINO P CERDEÑA JR. , of legal age, single , Filipino with


residence address at 160 zone 4 arenas arayat pampanga under oath, hereby
depose and say, that:

1. I hereby formally charge JOHN DOE 1 / JOHN DOE 2 of legal


age and with residence address at
________N/A________for the crime of Grave Threats, as
defined by Article 282 of the Revised Penal Code and penalized
by paragraph 2 of the same Article;

2. On June 5, 2023, between 3:00 and 4:00 in the afternoon, while


my classmates and I were conducting surveillance for our final
project in Criminal Law Book II, we took a break to capture a
group photo.

3. During the group photo, we noticed two men on a motorcycle


with the license plate 897DED. The driver wore a printed long
sleeve shirt and a red helmet, while the passenger had a red shirt
and a black cap.

4. Later, when we went to buy drinks at CloudMeets near the 7-


Eleven, we saw the same two men again. However, this time the
man in the red shirt was driving a different motorcycle with the
license plate 524NDY and wearing a black helmet, while the other
man continued to ride the same motorcycle.

5. We became suspicious when these two men stopped and stared at


us.

6. Prior to receiving our final output, Atty. Lance Dador had openly
mentioned he is receiving death threats.

" I eat death threats as breakfast" as he mentioned sometimes


during our class hour.
7. The foregoing acts committed by the RESPONDENT squarely fall
within the purview of Article 281 of the Revised Penal Code
of the Philippines as penalized by paragraph 2 of the sam
Article, to wit:

Art. 282. Grave threats. — Any person who shall


threaten another with the infliction upon the
person, honor or property of the latter or of his
family of any wrong amounting to a crime, shall
suffer:
X X X
2. The penalty of arresto mayor and a fine
not exceeding 500 pesos, if the threat shall
not have been made subject to a condition.

X X X

6. According to our existing laws and jurisprudence, the elements


of grave threats not subject to a condition are as follows: (i) that
the offender threatens another person with the infliction upon
the latter's person, honor or property, or upon that of the
latter's family, of any wrong; (ii) that such wrong amounts to a
crime; and (iii) that the threat is not subject to a condition. This
felony is consummated as soon as the threats come to the
knowledge of the person threatened (Paera vs. People, G.R. No.
181626, May 30,2011, citing People vs. Villanueva, Nos. 3133-
3144- R, 27 February 1950,48 O.G. 1376 (No.4), 1381).

7. Anchoring on the foregoing, the first element is present in this


case. Respondent threatened to inflict upon Attorney Lance
Dador any wrong by threatening that he will kill him.

8. The second element is likewise present. The threatening


message could amount to homicide or murder, depending on
the circumstances.

9. Lastly, the threat of respondent, was apparently not subject to a


condition.
10. Accordingly, I am executing this Complaint-Affidavit for the
purpose of attesting the truth of the foregoing statements and
to charge the RESPONDENT JOHN DOE 1 and JOHN DOE 2
with the crime of Grave Threat as defined by Article 282 of the
Revised Penal Code and penalized by paragraph 2 of the same
Article.

IN WITNESS WHEREOF, I have hereunto set my hand this 30th of June


2023 at Bacoor City, Cavite.

JOSEPHINO P. CERDEÑA JR.


Affiant

SUBSCRIBED AND SWORN to before me this 30th day of June , 2023 at


Bacoor City, Cavite.

Notary Public

Doc. No. ____;


Page No.____;
Book No. ____;
Series of 2023

You might also like