Jar Po2 Serrano

November 11, 2017 | Author: Kay Aviles | Category: Perjury, Prosecutor, Witness, Government, Politics
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Based on the Judicial Affidavit Rule....

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REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT 11th Judicial Region Branch 24 Hall of Justice Koronadal City, South Cotabato

PEOPLE OF THE PHILIPPINES

CRIM. CASE NO. 8321-24

Plaintiff, -

versus –

-for-

ANTHONY REGONIEL DELOS SANTOS

VIOLATION OF SECTION 5

And LETECIA DEQUILLO KONG

of ARTICLE 2 of RA 9165

Accused. x---------------------------------------------x JUDICIAL AFFIDAVIT (Rule on Judicial Affidavit, A.M. No. 12-8-8-12, September 4, 2012)

I.

PRELIMINARY INFORMATION. A.

NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE

Name : Age : Address : Occupation : Language :

PO2 Jerome G. Serrano 40 years old Brgy. San Isidro, General Santos City Police Officer English, Tagalog and Bisaya

1

WITNESS.

B.

LAWYER WHO CONDUCTED OR SUPERVISED THE EXAMINATION OF

THE WITNESS.

II.

Name

:

Prosecutor KAY AVILES

Address

:

OFFICE OF THE PROVINCIAL PROSECUTOR Koronadal City

Place of Examination:

OFFICE OF THE PROVINCIAL PROSECUTOR Koronadal City

OFFER. The witness will testify on the arrest made to accused Anthony Regoniel Delos Santos and Leticia Dequillo Kong for having possessed and traded illegal drugs. The testimony of

PO2

Serrano is being offered to prove the folllowing: 1. That he is a member of the Philippine National Police by profession; 2. That he will testify as one of the witnesses of the Prosecution; 3. That he is presently assigned at Regional Special Investigation and Detection Team, Regional Investigation and Detective Management Division, PRO12, Tambler, General Santos City; 4. That he is a member of the team who effected the arrest of the accused; 5. That he is the Poseur Buyer in the operation; 6. And to prove such relevant matters.

III.

JUDICIAL AFFIDAVIT PROPER. I, PO2 Jerome G. Serrano, 40 years old, married, Filipino, and residing at Brgy. San Isidro, General Santos City, under oath, depose: 2

1.

Q – Please state your name, age, residence, and occupation. A – I am PO2 Jerome G. Serrano, 40 years old, single, Filipino, and residing at Brgy. San Isidro, General Santos City and a Police Officer.

2.

Q- Why are you here now? A – To give a sworn statement in the above-captioned criminal case. 3.

Q-

For the record, please state the name and address of the Prosecutor who is

now conducting

or supervising your examination

and

the

place

where

the

examination is being held now? A – Prosecutor Kay Aviles is conducting or supervising my examination now at her office at the Office of the Provincial Prosecutor, Koronadal City. 4.

Q – In what language do you want your examination to be conducted? A – This judicial affidavit is prepared in English. But I prefer that my cross examination be conducted in Tagalog for my convenience and for clarity. 5.

Q – Do you undertake to answer the questions to be asked of you, fully conscious

that you will do so under oath, and that you may face criminal liability for false testimony or perjury? A -Yes. 6.

Q–

Let us now proceed. Mr. Witness, what is your profession?

A - I am a bona fide member of the Philippine National Police.

3

7.

Q– A -

8.

What is your rank as member of the PNP? PO2, Ma’am.

Q – How long have you been in the service as police officer? A - I have been in service for almost 16 years, Ma’am.

9.

Q–

Where are you designated, Mr. Witness?

A - I am currently designated at the Regional Special Investigation and Detection Team, Regional Investigation and Detective Management Division, PRO12. 10. and

Q–

Since when have you been a member of the Regional Special Investigation

Detection Team, Regional Investigation and Detective Management Division,

PRO12? A 11.

Since 2000, Ma’am.

Q – What were you doing on the 16th day of October 2012? A – I was on duty, Ma’am.

12.

13.

Q–

What task were you assigned on that day?

A –

I was tasked to be the Poseur Buyer on the planned buy-bust operation.

Q – How did you plan your buy-bust operation? A - SPO1 Lanaza received an information from our Confidential Informant (CI) from Koronadal City that he had closed a transaction on the delivery of illegal drugs particularly, shabu. 4

14.

Q–

What were the names of the supposed sellers from whom the Confidential

Informant is supposed to buy shabu? A - Alias “Tony” and alias “Letty”, Ma’am. 15.

Q – Where did you conduct the buy-bust operation? A – At Upper Balmores, Barangay General Paulino Santos, Koronadal City.

16.

Q – How were you informed of your tasking? A – After SPO1 Lanaza informed PCI Maximo F. Sebastian Jr., PCI Sebastian conducted a briefing and gave a task to each member of the team.

17.

Q – What were the tasks given? A – I was tasked to be the Poseur Buy, and SPO1 Lanaza as the Arresting Officer.

18.

Q – Can you tell us the specific tasks of a Poseur Buyer in a buy-bust operation?

A – In a buy-bust operation, a police officer is designated to pretend to be a civilian buyer of dangerous drugs for purposes of effecting the arrest of the offender.

19.

Q – And then, what happened after the briefing and tasking? A - PCI Sebastian gave me a P1,000.00 bill marked money bearing serial number HM931309 for the buy-bust operation and I marked it away with my signature. A photograph of the process of me signing the P1, 000 was also taken. 5

20.

Q – I have here a photocopy of a P1000.00 marked bill, I am showing this to you now. Is this the one? A - Yes, ma’am. That’s the one.

21.

Q – Alright, I will mark this document as “Exhibit _ ” and attach it to your judicial affidavit. Do you confirm my action? A – Yes, ma’am. I confirm your action.

22.

Q – Moving on. What happened next? A – On the same date, at about 8:35AM, we coordinated with the office of Philippine Drug Enforcement Agency, Regional Office-12.

23.

Q – What time did you arrive in Koronadal City? A – We arrived at around 1:30 PM of that date, Ma’am.

24.

Q – Who were you with? A – The rest of the team, Ma’am, and Police Senior Inspector Alex Joe Orcajada was our team leader.

25.

Q – Are there other personnel aside from your team? A - PSI Orcajada immediately called up Koronadal City Police Station for coordination, while we met with our Confidential Informant and planned for a buy-bust operation.

6

26.

Q – And then? A – The entire team with our Confidential Informant proceeded to Upper Balmores, Barangay General Paulino Santos, Koronadal City.

27.

Q – What did you do when you arrive at the place? A - We waited for the arrival of alias “Tony” and alias “Letty” beside the road, while the rest of the team were just nearby strategically positioned in order not to be detected by the subject persons.

28.

Q – What time did the subject persons arrive at the agreed meeting place? A - At around 2:15 PM of that date, Ma’am. They were riding on a black STX Yamaha motorcycle.

29.

Q – How did you know that those persons were the ones you were expecting? A - Our Confidential Informant positively identified them, Ma’am and the people in the motorcycle, Ma’am, were a male and a female, and they approached us. I was with our arresting officer, SPO1 Lanaza.

30.

Q – And then what happened? A - Our Confidential Informant introduced us to Alias “Tony” and alias “Letty.”

31.

Q – Were you able to know the real names of these “Alias Tony” and “Alias Letty?” A – Yes ma’am. “Alias Tony” was later identified as Anthony Regoniel Delos Santos, while “Alias Betty” was later identified as Leticia Dequillo Kong. 7

32.

Q – If you would be asked in the court to identify the accused, would you be able to identify them? A - Yes, Ma’am. Photographs of them were also taken after the arrest, Ma’am.

33.

Q – I will show you two documents containing a photocopy of photos of a male and a female. Are they the accused Anthony Regoniel De los Santos alias “Tony” and Leticia Dequillo Kong alias “Letty?” A – Yes, they are Anthony Regioniel De los Santos and Leticia Dequillo Kong ma’am.

34.

Q – I will mark these documents as “Exhibit __” and “Exhibit __” and attached these two documents to your judicial affidavit. Do you confirm my action? A – Yes, ma’am. I confirm your action.

35.

Q –So after the introduction, what happened next? A - Alias “Tony” asked me how much shabu I would buy. Then I replied that it would be worth P1,000.00.

36.

Q – And then? A - It was Alias “Letty” who handed to Tony a small item, which Tony gave to me.

37.

Q – Would you please describe that small item that he gave to you ?

8

A - It was a heat-sealed transparent plastic sachet containing white crystalline substance which I believed then as a shabu. 38.

Q – Was it the same item that you later marked as JS-1? A - Yes, Ma’am.

39.

Q – So, what happened next after Tony handed the shabu to you? A – I paid Tony with the P1,000.00 bill marked money.

40.

Q – Is that the same marked P1,000.00 bill a photocopy of which I showed to you earlier? A – Yes, ma’am. It is the same bill and the same photocopy you showed earlier.

41.

Q – Alright. So after payment, what happened? A – We then introduced ourselves as police officers to Tony and Letty and arrested them.

42.

Q – Kindly describe the procedure of the arrest. A - Upon arrest, we appraised the accused of their constitutional rights under the law in a dialect known and understood by them.

43.

Q – What else did you do? A- While frisking the possession and control of Tony, Ma’am, I was able to seized another heat sealed transparent plastic sachet containing white crystalline substance which I believed then as shabu. 9

44.

Q – Were you able to mark the second heat-sealed transparent plastic sachet that you seized? A – Yes, ma’am. I marked it as “JS-2” upon arrival at Koronadal Police Station in Koronadal City, ma’am.

45.

Q – What happened next? A – During the arrest, Ma’am, we saw Letty surreptitiously drop a small item on the ground which SPO1 Lanaza immediately picked up ma’am.

46.

Q – Was it also marked? A – I believed SPO1 Lanaza was able to mark it at Koronadal Police Station.

47.

Q – Moving on, what did you do after the apprehension? A – In order to avoid leakage to our next operations, we immediately brought the arrested suspects and the seized items to Koronadal Police Station in Koronadal City for the marking and inventory.

48.

Q – Who were present during the inventory? A – The inventory and marking of the items seized from Anthony Regoniel Delos Santos was made by me in the presence of Jerwen Paglinawan of Brigada News and Brgy. Kag. Albert Piato.

49.

Q – Where were the accused during the inventory? A – The two arrested suspects were also present during the inventory. 10

50.

Q – How did you mark the seized items? A – I marked one piece of heat-sealed sachet containing white crystalline substance as “SJ-1” and the other heat-sealed sachet containing also white crystalline substance as “SJ-2.”

51.

Q – What else did you mark and include in the Inventory Receipt? A – I also included one unit of black Nokia cellular phone model N8860 which is labeled as “JS-3,” the P1000.00 bill with serial number HM931309 with my signature that I used during the buy-bust operation and marked as “JS-3,” a motorcycle key and also one unit of STX motorcycle.

52.

Q – Were you the one who wrote on the Inventory Receipt? A – Yes, I was the one.

53.

Q – I am showing you a photograph of Jerwen Paglinawan of Brigada News and Brgy. Kag. Albert Piato as well as the two arrested suspects. Is this the inventory and marking process you mentioned? A – Yes ma’am. That is a photocopy of the photograph taken during the inventory and marking process.

54.

Q – Do you signify the authenticity of this photograph? A – Yes, Ma’am.

55.

Q – I will mark this document as “Exhibit __” and attach the same to your affidavit. Do you confirm my action?

11

A – Yes, ma’am. I confirm your action. 56.

Q – So what happened after your inventory? A – After I finished my inventory and marking, SPO1 Lanaza also complied with the inventory and marking of the evidence he seized from Letecia Dequillo Kong alias “Letty”.

57.

Q – I have here a copy of the Inventory Receipt of Confiscated/ Recovered Items you executed as the Poseur Buyer. Please go over this document and please tell me if it is the same Inventory Receipt of Confiscated/ Recovered Items you were referring to.

58.

Q – Yes, ma’am. This is the same Inventory Receipt of Confiscated/Recovered Items that I filled up.

59.

Q – Is that your signature below? A – Yes, Ma’am.

60.

Q – Alright. I will mark this document as “Exhibit __” and attach the same to your judicial affidavit. Do you confirm my action? A – Yes, ma’am. I confirm your action.

61.

Q – What were those items contained on the said Inventory Receipt? A – The items were two heat-sealed transparent plastic sachet containing white crystalline substance believed to be shabu, which were later marked as “JS-1” and “JS-2,” one unit black Nokia Cellphone model N8860, marked as “JS-3;” one P1,000.00 bill marked money bearing serial number HM931309 with my

12

signature and one (1) unit black STX Yamaha motorcycle bearing plate number XK 7194 with attached gray sidecar, and a motorcycle key. 62.

Q- I have here the certification you executed that the P1,000.00 recovered from Alias “Tony” was the same marked money with serial number HM931309 and contains your signature. Please go over this document and please tell me if it is the same Certification that you were referring to. A – Yes this is the same Certification I executed, ma’am.

63.

Q – Is that your signature at the bottom? B- Yes, Ma’am.

64.

Q – I will mark this document as “Exhibit __” and attach the same to your judicial affidavit. Do you confirm my action? A – Yes, ma’am. I confirm your action.

65.

Q – What did you do after the inventory and the marking of pieces of evidence? A – We traveled back to General Santos City with the arrested suspects and brought them to Camp Lira, Jr. in General Santos City for booking and further documentation. The two apprehended suspects, Alias Tony and Alias Letty were also subjected to medical examination at the PNP Regional Crime Laboratory Office-12, General Santos City.

66.

Q – What happened to the seized, marked and inventoried items?

13

A – The three heat-sealed sachets containing white crystalline substance were forwarded to PNP Regional Crime Laboratory Office-12 at Camp Lira in General Santos City for analysis, particularly, the ones marked as “JS-1” and “JS-2.” 67.

Q – Who forwarded those seized items marked as “JS-1” and “JS-2” A – I did, ma’am.

68.

Q – Would you tell me the process? A – I and SPO1 Lanaza went to the Crime Laboratory.

69.

Q – And upon arrival at the Crime Laboratory, what did you do? A – I approached Mr. Roy Albert Pundogar.

70.

Q – Who is Mr. Roy Albert Pundogar? A – He has the charge of the Crime Laboratory and he is the custodian of the items I turned over, particularly “JS-1” and “JS-2.”

71.

Q – So, what did you do after you approach Mr. Pundogar? A – I told him I will turn over to him two heat-sealed sachets containing white crystalline substance which I believed to be “shabu” and which I got from the buy-bust operations conducted earlier on that day for laboratory examination.

72.

Q – Around what time was it already when you reached the Crime Laboratory? A – Around 11:35 in the evening, ma’am of October 16, 2012.

14

73.

Q – What happened after you told him that you will turn over some seized items for laboratory examination? A – He gave me a Chain of Custody Report.

74.

Q – What did you do with the form? A – Before I turned over the two sachets identified as “JS-1” and “JS-2,” I filled out a Chain of Custody Report.

75.

Q– What is that? A – It is a document where we record the details of substances, which we turn over to them for purposes of laboratory examination.

76.

Q – Did you sign on this Chain of Custody Report? A– Yes, ma’am.

77.

Q – Did Mr. Pundogar also sign? A – Yes, I saw him signed, too.

78.

Q – I am showing you a document with a caption “CHAIN OF CUSTODY,” kindly go over this document and tell me whether this is the same Chain of Custody Report that you earlier described. A – Yes, ma’am. This is the same Chain of Custody Report that I filled out.

79.

Q – Is that your signature below your name? A – Yes, ma’am. This is my signature. 15

80.

Q – Alright, I will mark this document as “Exhibit __” and attach the same to your judicial affidavit to form an integral part thereof. Do you confirm my action? A – Yes, I confirm your action, ma’am.

81.

Q – Have you executed a Joint Affidavit as Apprehending Officer with SPO1 Lanaza for the purpose of filing this criminal case? A – Yes, Ma’am.

82.

Q – I have here a copy of the Joint Affidavit you executed with SPO1 Lanaza, you, as the poseur buyer. Please go over this document and please tell me whether that it is the same Joint Affidavit you executed with SPO1 Lanaza. A – Yes ma’am. This is the same Joint Affidavit.

83.

Q – Is that your signature below? A – Yes, Ma’am. This is my signature.mj jvum P02 Jerome G. Serrano AffianT

SUBSCRIBED AND SWORN to before me, this 21st day of October 2012, affiant exhibited to me his competent evidence of identity with the details shown above. I hereby certify that I personally examined him and I am fully convinced that he has personally read and understood the foregoing judicial affidavit and the allegations therein.

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KAY PELAYO AVILES Prosecutor .

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