REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
CITY OF MUNTINLUPA

DANICA A. LESCANO
Complainant

Versus I.S No. 12345

For: Alarm and scandal
ERWIN A. CAJEPE
Respondent

x------------------------------------------------------------------------------------------------------------------x

COMPLAINT-AFFIDAVIT

I, DANICA A. LESCANO, Filipino, of legal age, single, and a resident of 123 Purok 7C Ilaya
St. Alabang Muntinlupa City, Philippines, after being sworn to in accordance with law, deposes
and state:

1) I am filling a case of alarm and scandal to the respondent, Erwin A. Cajepe.

2) We are in the same street and we are also a childhood friend but later on we’re not
totally talking to one another because he used unlicensed firearms when he has an enemy
or he was under the influence of alcohol.

3) Almost all of our neighbors were afraid to Erwin A. Cajepe.

The parents were also scared for the safety of their children.

4) Last December 24, 2018, at around ten o’clock in the evening (10 p.m.) My family and I
were celebrating the Christmas Eve outside of our home.

5) My family and I were happily talking, eating and enjoying the night when we heard a one
(1) gunshot nearby our house.

6) Everyone started to run away and my family immediately goes inside of our house,
terrible fear has written on their faces.

7) By then, I saw Erwin A. Cajepe holding a gun upward and shouting “Lumabas lahat ng
matapang!” and another gunshot heard.
 8) By that moment, I decided cut our misery because of Erwin A. Cajepe and file a case as
soon as possible.

9) I am executing this complaint-affidavit in order to file a case of Alarm and scandal

against Erwin A. Cajepe.

10) To attest to the truthfulness of the foregoing, I, Danica A. Lescano, complainant,

attaches my signature below.

___________________________
DANICA A. LESCANO
Complainant

SUBSCRIBED AND SWORN to before me, in the City of Muntinlupa, this 25th day of
December, 2018. I hereby certify that I have personally examined the above-named affiant and
that I am satisfied that the foregoing statements were given by her voluntarily and of his own
free will.

___________________________
DWIGHT EMMAN ALBESA
Assistant City Prosecutor
 REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
CITY OF MUNTINLUPA

DANICA A. LESCANO
Complainant

Versus I.S No. 12345

For: Alarm and scandal
ERWIN A. CAJEPE
Respondent

x------------------------------------------------------------------------------------------------------------------x

COUNTER-AFFIDAVIT

I, ERWIN A CAJEPE, Filipino, of legal age, married, and a resident of 126 Purok 7c Ilaya St.
Alabang Muntinlupa City, Philippines, after being sworn to in accordance with law, do hereby
depose and state that:

1) I am the respondent, Erwin A. Cajepe in this case for Alarm and scandal files by Danica
A. Lescano.

2) I don’t have any gun and vehemently deny all the allegations that Danica A. Lescano has
stated on her complaint-affidavit. The statements of the complainant are full of lies and a
made up story.

3) The facts on the complaint affidavit that she made against me were merely fabricated
stories because I don’t own any gun or firearms and not under the influence of alcohol.

4) On December 24, 2018, at around ten o’clock in the evening (10 p.m.) I was inside of our
house in the nearby place of Danica A. Lescano.

5) I was talking to my wife and playing with my children that time and it’s unfair to blame
to me that incident just because we are not a good friend.

6) I am voluntarily executing this affidavit to attest to the truthfulness of the foregoing facts
and to support the outright dismissal of the complaint filed against me.

7) I, Erwin A. Cajepe, respondent, attaches my signature below.

 ___________________________
ERWIN A. CAJEPE
Respondent

SUBSCRIBED AND SWORN to before me this 28th day of December 2018 in the City of
Muntinlupa. I further certify that I have personally examined the Respondent and I am satisfied
that he voluntarily executed and understood his/her statement.

___________________________
DWIGHT EMMAN ALBESA
Assistant City Prosecutor
 REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
CITY OF MUNTINLUPA

DANICA A. LESCANO
Complainant

Versus I.S No. 12345

For: Alarm and scandal
ERWIN A. CAJEPE
Respondent

x------------------------------------------------------------------------------------------------------------------x

RESOLUTION

The respondent, Erwin A. Cajepe were charged of the crime of Alarm and scandal
in a complaint filed by Danica A. Lescano.
In support of her complaint, the herein complainant attached the following
documents:
1. Affidavit of Ezekiel Adarne;
2. Affidavit of Kathryn Cruz;
3. Bullet Shells

STATEMENT OF FACTS
Based on the investigation conducted by the Police Investigator, SPO2 RUSTIE FORMES, the
facts of the case are stated hereunder:
On the 24th day of December, 2018, in the City of Muntinlupa, National Capital
Region, Philippines and within the jurisdiction of this Honorable court, accused Erwin A.
Cajepe, with committed the unlawful discharged of firearm in public place and also under the
influence of alcohol.

CONTRARY TO LAW
Pursuant to unlawful discharge of firearms Alarm and Scandal Article 155 of Republic Act No.
3815 otherwise known as the Revised Penal Code resolved the complaint solely base on the
evidence of the complainant and the respondent. Complaint alleged that on December 24, 2018
at around 10 p.m. The complaint was outside of their house to celebrate the Christmas Eve
together with her family. They were talking, eating and enjoying the night and then suddenly
they heard one gunshot nearby their house. Everyone started to run away and the family of the
complainant immediately gets inside their house. By that moment Danica A. Lescano saw Erwin
A. Cajepe holding a gun upward and shouting “Lumabas lahat ng matapang!” and another
gunshot heard.
 The following facts on the personal knowledge of the arresting officer show that there
was probable cause to believe that respondent Erwin A. Cajepe had just committed an unlawful
act:
1. The presence of respondent Erwin A. Cajepe on the crime scene.
2. The fact that respondent Erwin A. Cajepe was influence of alcohol.
3. A caliber 45 was found inside the cabinet of his apartment.

WHEREFORE, IN VIEW OF THE FOREGOING, it is most respectfully recommended that

information for the violation to the law of Alarm and scandal be filed against the respondent
Erwin A. Cajepe.

Muntinlupa City, NCR.

DWIGHT EMMAN ALBESA

Assistant City Prosecutor

APPROVED BY:

ELAIZA DELA PAZ

Chief City Prosecutor
 REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
CITY OF MUNTINLUPA

DANICA A. LESCANO
Complainant

Versus I.S No. 12345

For: Alarm and scandal
ERWIN A. CAJEPE
Respondent

x------------------------------------------------------------------------------------------------------------------x

WARRANT OF ARREST

TO: THE STATION COMMANDER

Muntinlupa City Police Station
Muntinlupa City

TO ANY OFFICER OF THE LAW:

You are hereby commanded to arrest
ERWIN A. CAJEPE

who is said to be at the address above-indicated or elsewhere within your jurisdiction, and who
stands charged before me for Violation Article 155 of R.A No. 3815 to dealt with as Law and
the Rules of Court direct.

You are directed to execute this warrant without necessary delay to arrest the said
accused to deliver him to the nearest jail or police station and to report such fact immediately to
me within ten (10) days thereafter. If after the (10) days from receipt of this warrant by the police
officer particularly assigned by you to execute it, the arrest of the accused failed, you will report
such fact to me stating the reasons for such failure.

SO ORDERED.
City of Muntinlupa, 05 January 2019

DIANNE ERIKA L. ALBESA

Acting Presiding Judge
 REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
CITY OF MUNTINLUPA

DANICA A. LESCANO
Complainant

Versus I.S No. 12345

For: Alarm and scandal
ERWIN A. CAJEPE
Respondent

x------------------------------------------------------------------------------------------------------------------x

INFORMATION

The undersigned Assistant City Prosecutor accuses ERWIN y CAJEPE of the crime of ALARM
AND SCANDAL, committed as follows to, wit:

That on December 24, 2018 at around 10 p.m. in the City/Municipality of Court, the said accused
willfully, unlawfully, and feloniously, and without justifiable cause of discharge of firearms
without lawful authority and unlicensed firearm resulting to the violation of Article 155 of
Republic Act of 3815 Alarm and scandal.

Contrary to Law
NCR, Philippines, 29 December 2018
PROSECUTOR
Witnesses:
___________________

____________________

(Certification of Preliminary Investigation)

 Criminal
Procedure
*Affidavit of Complaint
*Counter Affidavit
*Resolution
*Information
*Warrant of Arrest

CCJ- 3B
Submitted to: Prof. Santos
Submitted by: Romel P. Formes