Republic of the Philippines )

City of Quezon, Metro Manila ) S.S

Complaint-Affidavit

I, JAMES A. CASTRO, of legal age, married, with residence at No. 237

Dalahican Road, Brgy. Mayao Crossing, Lucena City, member of the
Philippine National Police and presently assigned with the PNP Drug
Enforcement Group (PNP DEG), Camp Crame Quezon City, after being
sworn to in accordance with law, hereby depose and state THAT:

I have known and familiarize the person of respondent RYAN L.

MORTA, of legal age, single and a resident of No. 81 Alley 4 2 nd West Crame,
San Juan City. Respondent is working as “Striker/Boy” at PNP DEG, Camp
Crame, Quezon City;

On January 18, 2024, the undersigned instructed RYAN MORTA to

remove the garbage on the roof of the PNP DEG Main Office Building
through personal message. However, the said person did not reply and
comply with the said instruction, thus, prompting the undersigned to direct
the duties to locate MORTA to reiterate his instruction. Unfortunately,
MORTA was found at PNP DEG Annex Building and allegedly under the
influence of liquor;

Later that night of January 18, 2024, a viber message from a Viber
Group caught the attention of the undersigned, wherein he noticed that
MORTA sent a message to the group stating his name and threatening him
by chatting “Sayang ka po lukutan pa sana kita papatayin kita” (Attached is
Screen Shot of the Viber Message of RYAN MORTA as integral part of this
Complaint-Affidavit and marked as ANNEX “A”);

On January 19, 2024, upon exercise of diligent effort to arrest the

accused, found the latter at PNP DEG Annex Building Barracks and
approach him introducing himself as a police officer and his intention.
Therein, the undersigned effected the arrest to the said respondent and
apprised of his Constitutional Rights in “TAGALOG” a language known to
and understood by him but he opted to remain silent in the absence of his
chosen counsel;

During the arrest, MORTA resisted to the undersigned despite of

several lawful orders made to him but eventually the undersigned was able
to subdue the former and brought to Cubao Police Station (PS-7), QCPD for
investigation and proper disposition;

Upon assessment and evaluation of the duty investigator-on-case

PSSg Mark Andrew Sangil, the case cannot be filed within the reglementary
period for inquest proceeding due to causes beyond the control and
independent to his will;
 Thus, respondent MORTA upon lapse of the reglementary period was
released into custody of Cubao Police Station in good mental and physical
condition. Hence, the undersigned decided to file a case against RYAN L.
MORTA thru regular filing;

The foregoing acts committed by the RESPONDENT squarely fall

within the purview of Article 282 of the Revised Penal Code of the
Philippines as penalized by paragraph 2 of the same Article, to wit:

Art. 282 Grave Threats. – Any person who shall threaten another
with the infliction upon the person, honor or properly of the latter or of his
family of any wrong amounting to a crime, shall suffer:

2. The penalty of arresto menor and fine not exceeding 500

pesos, if the threat shall not have been made subject to a condition;

According to the 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);

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

Respondent threatened to inflict upon the undersigned any wrong by saying
that he will kill the undersigned;

The second element is likewise present. The threatening viber message

could amount to homicide or murder, depending on the circumstances;

Lastly, the threat of respondent, was apparently not subject to

condition;

Accordingly, the undersigned affiant executing this Complaint-

Affidavit for the purpose of attesting the truth of the foregoing statements
and to charge the Respondent MORTA 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 ___ day of

January 2024 in Quezon City, Philippines.
 JAMES A CASTRO
Affiant

SUBSCRIBED AND SWORN to before me this _____ day of January

2024 at Quezon City, Philippines