Republic of the Philippines )

C i t y o f Cebu ) s.s.

COMPLAINT JUDICIAL AFFIDAVIT

I, AGUSTIN E. CENIZA, of legal age, American National, married and

temporarily residing at 47 Clarita Village, Punta Prinsesa, Cebu City, after having
been duly sworn in accordance with law hereby depose and state, THAT:

This Affidavit was conducted before Atty. Leilani T. L. Villarino with office
address at Suite 307, Centro Maximo Bldg., D. Jakosalem St., Cebu City and the
examination was held in the same place;

I am answering the questions asked of me, fully conscious that I am under

oath and that I may face criminal liability for false testimony or perjury;

I warrant that the documents attached to this Judicial Complaintt-

Affidavit are faithful reproductions of the original.

1. Q: Please state your name, address and personal circumstances.

A: I, AGUSTIN E. CENIZA, of legal age, American National,
single/married and a temporary resident of 47 Clarita Village, Punta
Prinsesa, Cebu City. However, I can be served with summons, notices
and other processes the Honorable Office of the Cebu City Prosecutor
at my counsel’s office at Suite 307, Centro Maximo Bldg., D. Jakosalem
St., Cebu.

2. Q: What is your occupation, if any?

A: I am a freelance maintenance or handyman.

3. Q: What is your purpose, if any, in executing this Complaint Judicial-

Affidavit?
A: It is my intention to file a complaint for GRAVE THREATS punishable
under Article 282 of the Revised Penal Code, as amended against my
brother, VICTOR JOEY E. CENIZA, of legal age, married, American
National and who may be served and reached with subpoena, orders,
and other writs and processes of the Honorable Cebu City Prosecutor’s
Office at No. 355, V. Rama Avenue, Bgy. Calamba, Cebu City.

4. Q: Kindly state the circumstances, which lead you to file this case
against your brother?
A: Sometime on September 17, 2018 at about 10:00 o’clock in the
morning, more or less, I went to visit and give a present to my mother,
NIEVES E. CENIZA at her residence at 355 V. Rama Avenue, Cebu City
especially so it was her 81st birthday.
5. Q: What happened when you arrived at the residence of your mother,
if there was any?
A: As I entered the house, I went straight to the kitchen to greet my
brother in-law, ERNESTO RAGUSTA and his wife who is my sister, LIZA
RAGUSTA. I then saw my mother at the living room so I went back to
hug and greeted her.

6. Q: After you hugged and greeted your mother, what happened next,
if there was any?
A: I saw my brother Victor Joey E. Ceniza seating at the office of my
father and without any provocation on my end started pointing his
finger at me and started yelling, “YOU STUPID! YOU CRAZY MAN!”

7. Q: When you heard your brother, Victor Joey E. Ceniza shouting at you,
what did you do, if there was any?
A: I turned my attention to him and asked him why was he pointing his
finger at me. I also asked him if he is going to return the money that he
took from me without my knowledge and consent.

8. Q: After you asked your brother, what was his reply?

A: He stood up and shouted at me, “I don't owe you any money! I
didn't take any money from you! That's not your personal money I
took!”

9. Q: Aside from standing up and shouting at you, what else did he do, if
there was any?
A: He started moving towards me and tried to hit me with his hands.

10. Q: What happened next, if there was any?

A: As soon as my mother, Nieves E. Ceniza and sister, Liza Ragusta
noticed that my brother, Victor Joey E. Ceniza tried to attack me, they
blocked my brother’s way towards me to avoid us getting physical.

11. Q: After your mother and your sister blocked your brother’s way, what
did the latter do?
A: He continued shouting and calling me gay. He taunted me that I
was scared to fight him.

12. Q: What else did he tell you, if there was any?

A: He threatened me and kept on saying, “Let's fight. I will beat you up
until you die. I will stab you. I will kill you! I will shoot you!”

13. Q: What did you do when your brother was already threatening you?
A: I went to the kitchen to avoid any physical contact with my brother
out of respect for my mother and my sister who were still trying to block
my brother from attacking me. While at the kitchen, my mother’s
 helper, AMALIE LABORTE VILLAMOR was also there and witnessed the
whole incident.

14. Q: While you were in the kitchen, what transpired next?

A: My mother tried to calm my brother down but he got more
aggressive. While continuing to threaten to kill me, he threw a phone
and sleepers at me.

15. Q: What happened next after your brother threw things at you?
A: Both my mother and my sister managed to send him to the garage.
However, even if he was already outside of the house, he kept on
challenging me to fight with him and were throwing objects on the
main door of the house.

16. Q: What did you do during this time?

A: When I saw my mother shaking and crying, I went upstairs to call my
other brother, CARLITOS E. CENIZA on my mobile phone to inform him
about what just happened.

17. Q: What did you tell your brother?

A: I told him that I cannot get out of the house because Victor Joey E.
Ceniza is still threatening to kill me while he was in the garage.

18. Q: What did your brother say, if there was any?

A: He asked me to wait because he will call the barangay and the
police.

19. Q: What happened to your mother?

A: My sister and my brother in-law and I brought our mother upstairs to
help her pack her things so that she can go with me when I leave since
my Victor Joey E. Ceniza was still very aggressive at the garage.

20. Q: What happened next?

A: After waiting for several minutes Barangay Calamba Councilor
Renante B. Bendol arrived with few Barangay Tanod and two police
officer, PO1 John Vergiel Ceniza and PO1 Ronald Allan Dano.

21. Q: What did you do when they arrived?

A: My mother and I left but she rode at the vehicle of my sister and
brother in-law while I rode the police car.

22. Q: Did you know if Victor Joey E. Ceniza saw you, your mother, your
sister and brother in-law leave the house?
A: Yes. As a matter of fact, he continued to threatened that he will kill
me in the presence of the barangay personnel and the police officers.
 23. Q: Did you ask the police to arrest Victor Joey E. Ceniza?
A: Yes, but they said that nothing has happened to me and they
cannot just arrest my brother.

24. Q: Prior to this incident, did you have any altercation with your brother?
A: Yes. We had a confrontation last January 25, 2018.

25. Q: What was the confrontation all about?

A: He became mad at me because I discovered that he took
Php20,000.00 from me without my knowledge and consent.

26. Q: Since you were escorted by barangay officials and police officers
out of the house of your mother, did you have this incident recorded in
the police blotter?
A: I did but for some reason, it was not recorded in the police blotter of
San Nicolas Police Station.

27. Q: What did you do next?

A: I filed a complaint before the barangay.

28. Q: What was the outcome of your complaint?

A: My brother did not go to the mediation/conciliation proceedings so
I was subsequently issued a Certificate ot File Action against him.

29. Q: Do you have a copy of the said document?

A: Yes, attached hereto and marked as Annex “A”, by reference is a
Certificate to File Action dated October 29, 2018 issued by one LENY C.
ESPINOSA, Bgy. Secretary anf attested to by one VICTOR B. QUIJANO,
Jr. of Bgy. Calamba, against my brother, Victor Joey E. Ceniza.

THE ACTS COMPLAINED OF

30. Q: What are the elements of the instant case you are filing against your
brother?
A: The following are the elements of Grave Threats under Article 282 of
the Revised Penal Code (RPC), to wit:
a. any person who shall threaten another with the infliction upon
the person, honor, or property of the latter or of his family;
b. such threat amounting to a crime;
c. if the threat of infliction of harm upon a person, his honor or
property was not made subject to a condition.

31. Q: Do you think that all the foregoing elements are present in this case?
 A: Yes. First. My brother repeatedly threatened to kill me. Second. Such
threat amounted to a crime. Third. The threat was made without any
condition.

32. Q: Are there any reliefs that that you are praying for?
A: Yes. By reason of the unlawful conduct as described above by my
brother, I was constrained to engage the services of counsel for a fee
to enforce and protect my right. As a matter of law, he should be
ordered to pay the amount of Php50,000.00 as attorney’s fees and the
amount of Php25,000.00 as litigation expenses;

For causing me great deal of distress because I feel that my person was
threatened, my brother must be ordered to pay moral damages in the
amount of Php100,000.00;

To deter the public from emulating the criminal act, my bother must be
condemned to pay exemplary damages in the amount of at least
Php100,000.00.

33. Q: Are you willing to sign this affidavit consisting of six (6) pages, to
certify that all the statements you made are true.
A: Yes. Accordingly, I am executing this Judicial Complaint-Affidavit for
the purpose of attesting the to the truth of the foregoing statements
and to charge, VICTOR JOEY E. CENIZA with Grave Threats punishable
under Article 280 of the Revised Penal Code of the Philippines, as
amended.

IN WITNESS WHEREOF, I have hereunto affix my signature this 16th day of

November 2018, in the City of Cebu, Cebu, Philippines.

AGUSTIN E. CENIZA
Affiant

SUBSCRIBED AND SWORN TO before me this 16th day in November 2018 in

Cebu City, Cebu, Philippines. I hereby certify that I have personally examined
the affiant and I am satisfied that she voluntarily executed and understood the
facts narrated in this Complaint-Affidavit.
 EXAMINING COUNSEL’S ATTESTATION

Republic of the Philippines )

Cebu City ) S.S.

I, LEILANI TRINIDAD L. VILLARINO, do hereby certify THAT:

1. I was the attorney who conducted the examination of complainant,

AGUSTIN E. CENIZA in my office address at Suite 307, Centro Maximo
Bldg., D. Jakosalem St., Cebu City.

2. During Mr. Ceniza’s examination, I have faithfully recorded or caused

to be recorded the questions I asked and the corresponding answers
thereto.

3. Neither I nor any other person then present or assisting me at the time
of Mr. Ceniza’s examination coached him the answers to the questions
I propounded to him.

LEILANI T. L. VILLARINO
Affiant

SUBSCRIBED AND SWORN to before me this _____ day of November 2018 in

Cebu City, Cebu, Philippines, affiant exhibiting to me National IBP Identification
Card bearing number 47710 as her competent proof of identity. I hereby certify
that I have personally examined the affiant and I am satisfied that she
voluntarily executed and understood the facts narrated in this Attestation.

Doc. No.
Page No.
Book No.
Series of 2018.