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JA Arresting Officer

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Republic of the Philippines

Ninth Judicial Region


REGIONAL TRIAL COURT
Branch ___, Zamboanga City

People of the Philippines, Criminal Case No.: _____


COMPLAINANT,

vs.
FOR: Possession of Dangerous
Berto Masigasig a.k.a. Tigas, Drugs in relation to Section 11,
ACCUSED. Article II of the Comprehensive
Dangerous Drugs Act (R.A. 9165)

JUDICIAL AFFIDAVIT
(Arresting Officer)

NAME: SPO3 Cardo Martin


AGE: 35 years old
ADDRESS: Sto. Nino Village, Putik, Zamboanga City
COUNSEL: Atty. John Philip Delotina
PLACE OF INTERVIEW: Office of the City Prosecutor
DATE OF INTERVIEW: July 10, 2017

GENERAL STATEMENTS:

1. The witness, in answering the questions asked of him, is fully conscious that he
does so under oath.
2. He is aware that he may face criminal liability for false testimony or perjury.
3. The questions propounded to the witness were stated in the language known to
the witness.

QUESTIONS PROPOUNDED TO THE AFFIANT AND HIS CORRESPONDING


ANSWERS:

1. What is your participation in this present case?


 I was the one assigned as Arresting Officer in a drug buy bust operation
against Berto Masigasig.

2. When did this buy bust operation took place and where did it happen?
 July 3, 2017, at around 10:00 in the morning. It took place in front of a fish
stall at the corner of Villa Sta Maria and Ilang-Ilang Street inside Villa Sta
Maria subdivision, Zamboanga City.

3. What caused you to conduct that operation?


 Our station has been conducting surveillance operation inside Villa Sta.
Maria since May of this year because of the increasing reports we
received that certain persons started selling illegal drugs in the area. In
fact, the barangay officials of Sta. Maria and Pasonanca has constantly
asked our station to look seriously into these reports because Villa Sta.
Maria has always been known to be drug-free.

4. Based on those reports, you conducted the buy bust?


 No. It was due to a tip from our informant that we decided to conduct the
buy bust on that day.

5. As the Arresting Officer, what were your tasks?


 Based on the agreed pre-ops plan, I was to station myself near the buy
bust where I can see the transaction. After the poseur buyer makes the
signal, I will approach the scene and arrest whoever the poseur buyer is
dealing with.

6. What is this signal and who was the poseur buyer?


 My colleague, PO1 Bato Dela Rosa, acted as the poseur buyer. He was to
take off his hat (sic cap) as our signal.

7. When you reached the area of operation, were you able to position yourself to
able to see the transaction?
 Yes, sir. We chanced upon Berto standing beside the fish stall at that
corner spot so I parked our vehicle along Villa Sta. Maria, some 15 meters
away from the stall.

8. Can you describe the spot where you parked the vehicle?
 It was in front of a sari-sari store a few houses away from Villa mosque.

9. How about the signal, were you able to see it?


 Yes, sir. I was standing beside the vehicle on the front passenger door
facing the street pretending to smoke a cigarette so it gave me a good
view of the fish stall.

10. Was anyone with you in that vehicle?


 PO1 Duterte. He was to serve as the Seizing Officer.

11. So, were you able to actually see the signal?


 Yes, sir. From my position, I could see Berto’s back who was facing PO1
Bato so naturally I could see him (Bato). After some minutes into the
transaction, I saw Berto take out something from his back pocket which he
gave out to Bato. Bato then appeared to inspect that item then removed
his hat (sic cap) which was the signal for me to approach them.

12. Upon approach, what happened?


 Since Berto could not see me, I was able to approach him from the back
without him noticing. When he faced me, I introduced myself as a police
officer, told him that he was under arrest for selling illegal substance, and
informed him of his Miranda rights.

13. What was Berto’s reaction?


 I think he thought of running away but because of his position and the
sudden appearance of our colleagues, he just submitted himself to the
arrest without any fight.

14. From that, what else happened?


 I frisked him to check if he indeed had the marked money. I was able to
get that from his right front pocket together with some coins and an
Okamoto (condom)
15. What did you do with those items?
 I turned it over to PO1 Piolo for inventory. He made me sign the Inventory
together with PO1 Bato. (IDENTIFY AND MARK AS EXHIBIT __)

Affiant further sayeth naught.

SPO1 CARDO MARTIN

SUBSCRIBED AND SWORN to before me this 10th day of July 2017, at


Zamboanga City, Philippines. Affiant is personally known to me and signed the
foregoing Judicial Affidavit in my presence, affirmed to me as to said document and
exhibiting as his valid proof of identity his Driver’s License bearing No. 12345 issued at
Zamboanga City, and expiring on January 8, 2018.

ATTY. JOHN PHILIP DELOTINA


1st Assistant City Prosecutor
MCLE Compliance No. IV-696969, January 31, 2018

ATTESTATION OF ATTENDING COUNSEL

I, ATTY. JOHN PHILIP DELOTINA, faithfully recorded or caused to be recorded all the
questions above stated and the corresponding answer of the witness. That, I, nor any
other person present or assisting herein counsel coached the witness regarding the
latter’s answers.

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