Case Digest (G.R. No. 249322)
Facts:
People of the Philippines v. Juvenal Azurin y Blanquera, G.R. No. 249322, September 14, 2021, the Supreme Court First Division, Caguioa, J., writing for the Court.The accused-appellant is Juvenal Azurin y Blanquera (Azurin), then Regional Director of PDEA Regional Office No. 2; the plaintiff-appellee is the People of the Philippines. Azurin was charged by Information with Grave Threats under Article 282, paragraph 2 of the Revised Penal Code for allegedly telling his subordinate, Jaime J. Clave (Clave), over a late-night telephone call on November 13, 2013: "Clave, papatayin kita" (I will kill you), repeated several times. The Information alleged the threat was made in relation to office internal matters and that the accused, being RD, had the capacity to carry it out.
Upon arraignment Azurin pleaded not guilty and trial on the merits followed. The prosecution presented Clave; PDEA Intelligence Officer II April Rose Mendoza; Intelligence Officer I Maynard Agleham; Rosenia Cabalza; and SPO1 Ricky M. Ramilo. Clave testified about the late-night call, his fear given Azurin’s position and background, and his immediate steps to report the incident—photographing his phone log, filing administrative complaints with PDEA Internal Affairs and a criminal complaint with the Office of the Ombudsman. Witnesses corroborated antecedent events: Cabalza received an Office Order relieving several personnel (including Clave) days after the call and had a missed call from Azurin; Mendoza and Agleham recounted statements by Azurin expressing anger toward "Bobot" (Clave) and mentioning the incident.
Azurin testified as lone defense witness, admitting the telephone call but claiming it was only to inform Clave of reassignment; he denied uttering threats and suggested Clave filed charges out of spite. He also pointed to an affidavit of desistance by Clave submitted years later. The defense contested evidentiary points, including admissibility/authentication of the photograph of Clave’s phone under the Rules on Electronic Evidence.
The Sandiganbayan, Third Division, in a Decision dated April 26, 2019 (penalty: two months’ imprisonment and P500 fine), found Azurin guilty beyond reasonable doubt, crediting Clave’s testimony, the immediate reaction and subsequent conduct of Clave, and corroborative statements by other witnesses. Azurin filed a notice of appeal with the Sandiganbayan pursuant to Section 1(a), Rule XI of the 2018 Revised Internal Rules of the Sandiganbayan (Sandiganbayan Rules). The People ...(Pro-only)
Issues:
- Did Azurin avail of the correct mode of appeal from the Sandiganbayan to the Supreme Court?
- Did the Sandiganbayan correctly find Azurin guilty beyond reasonable doubt of Grave Threats under Article 282, paragraph 2 of the Revi...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
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Doctrine:
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