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REPUBLIC OF THE PHILIPPINES )

MANILA CITY

) S. S.

COMPLAINT-AFFIDAVIT

I, Milagros M. Sevilla, 68 years of age, a resident of


1052 Cebu St., Sampaloc, Manila, after having been sworn to
in accordance with law, do hereby depose and state:
1. That on September 30, 2013, I borrowed money from
Ernesto Celedonio at a total amount of Php65,000
for me to be able to settle a previously contracted
mortgage agreement upon a parcel of land in
Sampaloc, Manila which I inherited from my aunt
Zenaida Sevilla;
2. That I was able to pay Ernesto in installment basis
and that no security was agreed upon such loan;
3. That sometime in October 2014, upon full payment
of the previous mortgage and upon my retrieval of
the possession of the title of the land from the
previous mortgagee, Ernesto asked me to surrender
to him the title of the parcel of land. But I refused to
give him the title since I am able to pay him the loan.
4. That on January
morning after I
mass, I arrived
plants in front of

15, 2016 at around 7 oclock in the


went to Quiapo Church to attend
at home and started watering the
my house;

5. That while I was watering the plants, Mary Jane


Celedonio and Anson Mendoza approached me,
and Mary Jane said Bakit hindi ka nagbabayad ng
utang mo? but I ignored her and turned my back
away;

6. That afterwards, I felt that a hard object hit me and I


saw Andy Miranda, the common law husband of Mary
Jane, together with Mary Jane and Anson, throwing
plant pots at me;

7. That these pots hit me in different parts of my body


while the contents of the pots blew up on my face;
8. That due to the said incident, I suffered physical
injuries that would require medical attention
or incapacitate me for 7-10 days as shown by
Medico-Legal Certificate(Annex A);
9. That on January 16, 2016, I went to the Office of the
Barangay Chairman of Barangay 558, Zone 55,
District IV Manila to submit the dispute that
happened the day before for Barangay Settlement;
10. That during the Barangay Concilation Proceedings,
in front of the Barangay Chairman and the secretary,
Ernesto made the threatening remarks when he said,
Tandaan mo Mila, matiempuhan kita na wala sa
bahay mo, nanakawin ko ang titulo!;
11. In the case of Paera vs People, the SC ruled that
Art 282 of the RPC holds liable for Grave Threats any
person who shall threaten another with infliction
upon the person, honor or property or upon that of
the latters family of any wrong. The felony is
consummated as soon as threats come to the
knowledge of the person threatened. 1
12. Article 266(1) of the Revised Penal Code provides:
ART. 266. Slight physical injuries and maltreatment.
The crime of slight physical injuries shall be punished:
1. By arresto menor when the offender has
inflicted
physical
injuries
which
shall
incapacitate the offended party from labor
from one to nine days, or shall require
medical attendance during the same period
13. In the case of People vs. Sumingwa:
ART. 287. Light coercions. Any person who, by means
of violence, shall seize anything belonging to his
1 G.R. No. 181626, May 20, 2011

debtor for the purpose of applying the same to the


payment of the debt, shall suffer the penalty of
arresto mayor in its minimum period and a fine
equivalent to the value of the thing, but in no case
less than 75 pesos.
Any other coercion or unjust vexation shall be
punished by arresto menor or a fine ranging
from 5 to 200 pesos, or both.
The second paragraph of this provision is broad
enough to include any human conduct that, although
not productive of some physical or material harm,
could unjustifiably annoy or vex an innocent person.
The paramount question to be considered is whether
the offenders act caused annoyance, irritation,
torment, distress, or disturbance to the mind of the
person to whom it was directed.2
14.
The acts of Sevillas neighbor which includes
constantly asking for the payment of the debt,
unauthorized entry in the home without Sevillas
consent or permission, taunting, shouting and
cursing her using words and through gestures
whenever they see her, destroying her personal
properties such as the plant pots and causing
commotion in the neighborhood.
The abovementioned acts unquestionably causes
annoyance,
irritation,
torment,
distress,
and
disturbance to the mind of the complainant to whom
it was directed.
15. I am executing this complaint-affidavit in order to
file a cases of Grave Threats and Unjust Vexation,
against Ernesto Celedonio. Slight Physical Injuries __;

IN WITNESS WHEREOF, I have hereunto set my hand


this ____ day of _________, 2016, at Manila City, Philippines.

2 G.R. No. 183619, October 13, 2009.

Milagros M. Sevilla
ComplainantAffiant

SUBSCRIBED AND SWORN to before me, on this ___day


of ____________, 2016, at Manila City, Philippines.

____________________
CERTIFICATION
I hereby certify that I have personally examined the
Affiant and that I am fully satisfied that she has voluntarily
executed and understood the above-statements.

____________________