Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

BRANCH 1
MANDAUE CITY

THE PEOPLE OF THE PHILIPPINES,

Plaintiff,
CRIM CASE NOS: 44158
44159
44160
-versusFOR: UNJUST VEXATION
James Chicklas,
Accused
x------------------------------------------/

JUDICIAL AFFIDAVIT
This judicial affidavit serves as the direct testimony of Mr. James N.
Chicklas in the instant case, this affidavit is submitted for the purpose of
denying all the acts alleged by Mr. Manuel Warren Lucente in the
abovementioned cases. Granting arguendo that some statements were made,
said statements were purely done in response to a number of provocation
done by Mr. Manuel Warren Lucente constituting a threat on his life, limb
and/or property.
Q1.
A.

State your name, age, address.

My name is JAMES N. CHICKLAS, 65 years old, maried, and a
resident of Block 4, Lot 11, Jasmin Dakota St, Casili Hills
Subdivision, Barangay Casili, Mandaue City

Q2.

Do you know the lawyer who conducted your direct examination and
his address?
Yes sir. It is Atty. Mauro Licen whose office is located at 2ND level
JCentre Mall, Bakilid, Mandaue City who conducted my direct
examination.

A.

Q3.
A.

Where was your direct examination conducted?

It was conducted at the Tianero, Licen, Calipayan Law firm, 2 ND level
JCentre Mall, Bakilid, Mandaue City

Q4.

Are you aware and fully conscious that in answering the questions
propounded that you are under oath and may face criminal liability for
perjury?
1

A.

Yes sir. I am aware and fully conscious that in answering the questions
propounded I am under oath and may face criminal liability for
perjury.

Q5.
A.

Do you remember what happened on or about the 8 th day of April

2015?
Yes sir. On that day, me and my son decided that we needed to seek
information regarding a certain CCTV camera which Mr. Manuel
Warren Lucente (Lucente for brevity) mounted on his property.

Q6.
A.

Who is this Mr. Lucente that you are referring to?

He is my neighbor in Casili hills subdivision sir.

Q7.

Why did you need to seek information regarding the CCTV camera
mounted by your neighbor Mr. Lucente?
A. We needed to seek information regarding the CCTV camera since it was
the said camera which he used to film us and which thereafter he
posted the video on the video sharing website youtube.com.
Q8.
A.

So what did you do in order to find the CCTV camera?

Me and my son walked up to his house on the other side of the road.
Both me and my son were on the curb and we noticed that Mr.
Lucente was inside his car ready to go out of his garage.

Q9.
A.

Were you far away from Mr. Lucentes car?

Yes Sir, we were far from his car since we were on the other side of
the road standing near the curb.

Q10. Were you and your son in any way obstructing or blocking the path of
Mr. Lucentes vehicle?
A.
No Sir. We were not obstructing or blocking the car since we were on
the other side of the road and there was plenty of room for Mr.
Lucentes car to maneuver.
Q11. What happened next when Mr. Lucente was backing his car out of the
driveway?
A.
Mr. Lucente continued backing up his car towards me and I yelled for
my son Michael in order for him to see what was happening.
Q12. Did Mr. Lucente continue to back his car up to you?
A.

Yes Sir, Mr. Lucente continued to back his car towards me even if
there was plenty of room in the road for him to maneuver his car
safely without injuring anybody.

Q13. While backing up his car towards you, What else did Mr. Lucente do?
2

A.

While backing up his car, the driver side window was down and he
was yelling angry words and pointing towards me as if he was going
to run me over with his car.

Q14. This must have been an upsetting incident for you?

A.

Yes sir, this was very upsetting and shocking to me since he was
intentionally backing his car towards me intending to hit me.

Q15. What did you say to Mr. Lucente in order for him to stop him from
backing his car towards you?
A.

I spoke loudly to him in order for him to hear me, I said

Keep backing up you piece of shit! Youre threatening me with your
car! Youre using your car as a deadly weapon just like what you did
with my son before.

Q16. Why did you say those words to Mr. Lucente?

A.

I said those words to Mr. Lucente because I was shocked and a bit
horrified of what he was doing.

Q17. What happened next if any?

A.
Mr. Lucentes car stops moving towards me.
Q18. So Mr. Lucentes car stops moving, did he go on his way?
A.
No Sir, instead of turning right on the road, his car resumed moving
backward towards me coming closer to where I was standing.
Q19. What did you say to Mr. Lucente this time?
A.
I shouted to him I am not a 4 ft 10 inch woman like my wife and I
am not a kid like my son. I am a tall man and you can see me clearly
you piece of human garbage, keep backing up your car and see what
happens.
Q20. So you did not shout those words to Mr. Lucente in order to
unnecessarily upset or annoy him?
A.

No Sir, I only shouted those words to Mr. Lucente since I was shocked
and perturbed with how he backed his car towards me in such a way
as to make me believe that he will hit me with his car. I also shouted
those words in order for him to stop.

Q21. You would not have said these words to Mr. Lucente in any
circumstance aside from what happened that day?
A.

No Sir.
3

Q22. Where there any witnesses as to what transpired on that day?

A.

Yes sir, this incident was witnessed by my son Michael Chicklas and
Mr. Nelson Tobias; Mr. Tobias even issued an affidavit attesting to
that said incident.

Q23. I am showing you an Affidavit signed by a certain Nelson Tobias

dated _____________ is this the affidavit you are referring to?
A.
Yes sir, that is the one.
Atty ______: Your Honor please we are marking this as our Exhibit
1.
Q24. Where you able to report this incident to the authorities?
A.
Yes sir. We reported this to the Mandaue City Police, Police station 6.
Q25. I am showing you a copy of the Police Report dated September 22,
2015, is this the report that you are referring to?
A.
Yes Sir.
Atty ______: Your Honor please we are marking this as our Exhibit
2.
Q26. Now, Can you tell me what transpired in the afternoon of April 16,
2016?
A.
Yes, I was walking along the road near our house when I saw Mr.
Lucente on his car. As my way of solidarity with him, I tried to talk to
him as a friendly neighbor.
Q27. What was Mr. Lucentes reply?
A.

Instead of responding in a peaceful manner, he got angry with me.

Q28. What did you do or say to him after that?

A.

I said to Mr. Lucente Warren, you know? youre a coward, dont pick
on little girls.

Q29. Is that all you said to him?

A.

Yes sir that is all.

Q30. Did you ever mention to him that you are going to a firing range, and
that youre going to put him away for good?
4

A.

No sir, I never said that. How can I say that when I do not even own a
gun nor do I plan to own one, furthermore, I do not know any firing
ranges here.

Q31. Now Mr. Chicklas, Do you remember getting into an altercation with
Mr. Lucente on or about April 17, 2015?
A:

No sir, I did not have any altercation nor quarrel with him on that
certain day.

Q32. Did you by any chance see Mr. Lucente that day?
A.

No Sir, I did not see him that day

Q33. Now, Sir do you know of any reason why Mr. Lucente would claim
that on that said day, April 17, 2015 you incited him and provoked
him to a fight?
A.

Yes sir, He wants to sow lies and deceit that I am an undesirable

foreigner and to do this he makes up stories when in truth and in fact
his accusations are falsities.

Q34. How can you say that his accusations are false?
A.

He has for a lot of times, not only his accusation regarding April 17,
2015 tried to make it look like I am a bad person, a person who
concocts fights and a sower of discord.

Q35. For a lot of times? Do you mean he made some false allegations
against you even before?
A.

Yes sir, take for example the affidavit that he made on June 26, 2015,
on which he swore to tell the truth.

Q36. What about the said affidavit?

A.

In that said affidavit sir he claims to wit that Chiklas became more
aggressive and followed me around and wanted to physically assault
me.

Q37. So Mr. Lucente claims that at that time you wanted to physically harm
and assault him?

A.

Yes sir, he claims thats what happened, but in truth, I never tried to
physically harm him. I was even placing my arms behind me and I am
just waiting for him to hit me.

Q38. Do you have proof of this sir?

A.

Yes sir I do have proof, My lawyer wanted to clarify things with the
Brgy. Captain of Casili, Mandaue since the Brgy Captain himself was
present at that time, and the Brgy. Captain, Hon. Paterno Cabatingan
indicated in his letter reply to my lawyer that I was not in any way
threatening to inflict harm on Mr. Lucente or anybody in the vicinity
for that matter.

Q39. Are you referring to this letter signed by brgy Captain Paterno
Cabatingan dated November 25, 2015?
A.

Yes sir, that is the one.

Atty ______: Your Honor please we are marking this as our Exhibit
3.

Q40. Would you know any reason why Mr. Lucente would do this to you?
A.
Yes sir, the main reason that he accuses me of these fallacies is to
defame my good name and slander my character since he is on a
personal crusade of mud smearing against me in the eyes of the
bureau of immigration in order to have me deported.
Q41. To have you deported?
A.

Yes sir, that is his ultimate goal, that is why he is on a vendetta of

spreading lies and deceits as against me and my family to sow
animosity have me deported and separated from my family when all I
ever wanted was to spend a peaceful retirement with them. I am a law
abiding citizen and a peaceful person.

Q42. What is your purpose in executing this Judicial Affidavit Complaint?

A.
I am executing this Judicial Affidavit Complaint to add
IN WITNESS WHEREOF, I have hereunto affixed my signature this
____ day of August 2015 at _____________, Philippines.
JAMES N. CHICKLAS
Affiant

SUBSCRIBED AND SWORN to before me his ____ day of August

2015 at the City of Mandaue, Philippines affiant exhibiting to me his
_________.
Doc. No. _____
Page No. _____
Book No. _____
Series of 2015
Certification
This is to certify that I have personally examined the affiant and am
satisfied that the affiant understood this Judicial Affidavit Complaint and
that he executed the same on his own free will and that neither I nor another
person coached the affiant regarding the latters answer.

Republic of the Philippines

City of Mandaue
---------------------------------- /

) s. c.
)

ATTESTATION
I, Atty. _________________, of legal age, Filipino and with office
address at Tianero,Licen,Calipayan Law firm 2nd level Jcentre Mall,
Bakilid, Mandaue City after having been sworn to in accordance with law do
hereby depose and state:
1. I am the lawyer who conducted and supervised the direct
examination of JAMES N. CHICKLAS in relation to the execution of the
foregoing judicial affidavit.
2. The execution of the foregoing judicial affidavit was made at my
office at Tianero, Licen, Calipayan Law firm 2nd level Jcentre Mall, Bakilid,
Mandaue City.
3. I faithfully recorded the questions asked and the answer said
witness gave me.
4. Neither did I or other person then present or assisting the witness
coach him regarding his answers to the questions propounded.
5. I have executed this affidavit to attest the veracity of the foregoing
facts and for whatever legal purpose it may serve.
IN WITNESS WHEREOF, I have hereunto affixed my signature this
___ day of January 2016 at the City of Mandaue, Philippines.
Atty. ______________________
Affiant
SUBSCRIBED AND SWORN to before me this ____ day of August
2015 at the City of Mandaue, Philippines affiant exhibiting to me her SSS
ID with number _______________.
Doc. No. _____
Page No. _____
Book No. _____
Series of 2015