Republic of the Philippines

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
City of Pagadian

People of the Philippines

Complainant(s),

NPS NO. :IX-05-INV-131-

0238
-versus-

For: Grave Treats

With Condition

Felipe Birjami
Respondent,
x------------------------------------------------x
RESOLUTION
Respondent, Felipe Birjami, was charged with Grave threats w/
Condition in a joint-complaint affidavit filed by spouses, Artemio L.
Aranas and Evarista F. Aranas.
Statement of Facts
Based on the joint-complaint affidavit filed by the private
complainants, the facts of the case are stated hereunder.
That on the 2nd day of August 2013, at about 8:00 oclock in the
morning, Evarista F. Aranas was gathering vegetable in their farm
garden for their breakfast, when respondent suddenly approached the
former angrily and told her, while pointing the latters finger to the
former, that if her husband should return from weeding grass, the
latter will fire at him as to make her husband as a sample. Then
Evarista F. Aranas replied to the respondent to proceed if that was what
he wanted to do, and that she will report him to her nephew who is a
policeman. Despite that, respondent became more aggressive, and
told her that the latter was not afraid of a policeman, and that he
wanted her husband to end-up in a cemetery. Then Evarista F. Aranas
left the respondent and went home and told her husband about the
incident. Upon returning home of Evarista F. Aranas, her husband,
Artemio L. Aranas, noticed that his wife arrived pale and was gasping,
and after inquiring what happened to her, his wife told him about the
conversation between her and the respondent. And from that moment
until the present, Artemio L. Aranas is cautious about his movements
for fear that the respondent might make good of his threat.

Private complainants brought their complaint before the in Brgy.

Dao. Unfortunately, no settlement was reached considering that in all
of the four mediation proceedings scheduled on August 4, 2013,
August 20, 2013, September 10, 2013 and September 20 2013, the
respondent did not appear. And because of his non appearance a
certificate to file action was issued by the Office of the Lupong
Tagapamayapa.
As for the respondent, in his counter affidavit, he vehemently
denied the charged for grave threats with condition. That the
allegations in the complaint affidavit were untrue and fabricated, and
that it was Artemio made the threatening remarks towards
respondents wife. That the former said that dont you know that
when you built your house, I am willing to kill. I might even set fire on
your house now. Artemio had always opposed on the construction of
respondents house as he unreasonably claimed it to be his even if he
has neither title nor any right whatsoever.
That upon being informed of what have been told to his wife on
that night, he immediately reported it to their Purok President to keep
their family safe as Artemio might carry-out his threats. That said
incident has been recorded before the Office of the Purok President. He
further alleged that he never threatened the private complainants and
that he has full respect towards them, despite the uncalled remarks
made against former.
That with regards to the allegations that he failed to appear
during the four scheduled barangay mediation proceedings, that the
same was likewise unreasonable. Respondent alleged that he never
received any notice or subpoena regarding the mediation proceeding.
And that he strongly believes that there was an irregularity in the
issuance of the certificate to file action.

Analyses/ Findings and Recommendations

Based upon the facts presented and in the affidavits and

counter-affidavits submitted, the undersigned prosecutor find no
probable cause to pursue the complaint for grave threats with
condition against the respondent.

WHEREFORE, IN VIEW OF THE FOREGOING, it is respectfully

recommended that the charged against Felipe Birjami for the crime

of Grave threats with condition be dismissed for being malicious

and lack of merit.

Pagadian City, December 12, 2013

JAMES
ASSOCIATE CITY PROSECUTOR

APPROVED BY:
Jhon doe
DEPUTY CITY PROSECUTOR
Copy furnished: