Former Regional Director Juvenal Azurin of the Philippine Drug Enforcement Agency (PDEA) Region 2 has asked the Sandiganbayan’s Third Division to dismiss a grave threats case filed against him after the complainant executed an affidavit of desistance.
Azurin, who is now Director of PDEA-Cordillera Administrative Region, claimed that he and the complainant have already reconciled.
The case stemmed from a complaint of Jaime Clave, his subordinate, who accused Azurin of threatening him in 2013.
“The accused and the private complainant met on one occasion and the two has reconciled. The private complainant executed an affidavit of desistance for this case on August 26, 2016 before Assistant City Prosecutor Esma[r]C. Lara,” the defense said in a motion to dismiss.
In the affidavit of desistance that was attached to Azurin’s motion, complainant Jaime Clave said that “[a]fter a thorough recollection of the facts and circumstances surrounding the case, I came to realize that it is to the best interest of all parties concerned if said incident be settled out of court.”
“Now therefore, in the spirit of peace and reconciliation, and in order to avoid the rigors, pressure and expenses of a judicial trial, I hereby desist from pursuing any criminal action against the above named accused,” Clave said.
Azurin’s camp then moved for the dismissal of the case because of the reasons stated in the affidavit.
“Wherefore, premises considered, it is hereby prayed that the instant case be dismissed with prejudice for the reason that the prosecution can no longer establish the guilt of the accused beyond reasonable doubt without the active participation of the private complainant,” the defense said.
The Office of the Ombudsman filed the case in March, alleging that Azurin had threatened Clave“ with the infliction of a wrong amounting to a crime…over office internal matters and conflict” during a phone conversation.