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Judicial Affidavit in Drug Case

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7 views5 pages

Judicial Affidavit in Drug Case

Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


2ND Judicial Region
Branch 36
Brooke’s Point City

PEOPLE OF THE PHILIPPINES,


Plaintiff,
CRIMINAL CASE NO. 12345
-versus- FOR: Violation of Section 11
Article II of R.A. 9165
RENEBOY C. DALISAY
Accused.
x----------------------x

JUDICIAL AFFIDAVIT
In lieu of the oral testimony in court of CPL SAGRADO T.
ABDULRAKMAN , the plaintiff of this case, his Judicial Affidavit is being
offered pursuant to A.M. 12-8-8-SC, known as the Judicial Affidavit Rule, for
the Following purposes, THUS:

1. He will testify in order to prove all the allegations in the


Information instituted by the Brooke’s point City Prosecutor’s
Office;

2. To prove that the accused violated the Section 11, Article II of RA


9165;

3. He will prove that documents provided and exhibits are authentic.

PRELIMINARY STATEMENT

I, CPL SAGRADO T. ABDULRAKMAN, Filipino, of legal age, single and


a resident of Barangay Centro East, Brooke’s point City, Philippines, one of
the arresting officer in the above case, state under oath as follows:

1
I am executing this Judicial Affidavit in Tagalog and was translated to
English in which I also understand.

The person examining me is ATTY. GRESTER JOHN A. HERNANDEZ


with the law office address at National Highway Barangay Turod Norte,
Cordon, Isabela, Philippines. My Judicial Affidavit is being taken at the
above mentioned place in the presence of my companions. The questions
are asked in the English language but are translated in Tagalog which I
speak and fully understand.

I am answering his questions fully conscious that I do so under oath


and may face criminal liability for false testimony and perjury.

OFFER OF TESTIMONY
This Affidavit is being offered to prove that the Accused, Reneboy C.
Dalisay, is guilty of the crime being charged.

It is respectfully prayed that this Judicial Affidavit of CPL Sagrado T.


Abdulrakaman be admitted as the Direct Examination of the witness in
order to expedite the proceeding.

DIRECT EXAMINATION QUESTIONS


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A: I am Corporal Sagrado T. Abdulrakman assigned at Police Station
02 Brooke’s point City, Filipino, 30 years old, single, and a resident of
Centro East, Santiago City.

2. Q: Do you know a certain Reneboy C. Dalisay?


A: Yes I do

3. Q: How do you know HIM?


A: We arrested him for violation of Section 11, Article II of RA 9165
also known as illegal possession of dangerous drugs.

4. Q: When was this? Can you recall?


A: Yes, this happened last January 23, 2013, at around 12:20 A.M.
together with Patrolman Manubay we were conducting mobile patrol
when we received a threat report from RO-AN Glassware at Doña

2
Aurora Street, Victory Norte, Santiago City alleging that they were
frequently passed to and fro by a motorcycle riding in tandem. We
then immediately proceeded to the area and were able to intercept an
individual in his motorcycle and subject him for questioning. I
requested him to raise his shirt and bring out the contents of his
pocket which the person willfully complied.

5. Q: What was the item/s did you found?


A: We were able to find a folded paper.

6. Q: What was inside the folded paper?


A: We asked the person to open the folded paper and it contains three
(3) sachets containing white powdery substance suspected for shabu.

7. Q: I will be marking the folded paper containing the sachets of white


powdery substance as Exhibit “A” do you agree?
A: Yes sir.

8. Q: What happen next?


A: We immediately handcuffed/arrested him and informed him the
nature of his arrest, we also informed him of his constitutional rights.
Then we brought him to Police Station 02 for further investigation,
documentation and proper disposition. And upon further
investigation the accused name was Reneboy C. Dalisay, 31 years old,
single, laborer presently residing at P4 Tandang Sora Ave., Victory
Norte, Brooke’s point City. We then took mugshot of the accused and
immediately send a sample of the seized evidence to Brooke’s point
City Crime Laboratory Office for laboratory analysis.

9. Q: What was the result of the lab analysis of the seized evidence by
the Brooke’s point City Crime Laboratory?
A: The Brooke’s point City Crime Laboratory per Crime Lab Analysis
Report No. 2013-02-123 dated January 23, 2013 confirmed that the
seized evidence was positive for Methamphetamine also known as
“shabu”.

10. Q: I will again be marking the Crime Laboratory Analysis Report No.
2013-02-123 issued by Brooke’s point City Crime Laboratory as
Exhibit “B”, do you agree?
A: Yes sir

11. Q: What happen next?

3
A: After gathering the needed documents and evidence we
immediately subject the accused for inquest proceeding to Brooke’s
point City Prosecutor Office for proper filing of information.

12. Q: Do you have anything else to add?


A: No more sir.

13. Q: Are you willing to sign this Judicial Affidavit?


A: Yes sir.

IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of March
2019, at Centro East, Brooke’s point City, Philippines.

CPL. SAGRADO T. ABDULRAKMAN


AFFIANT

SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in and


for Brooke’s point City this 8th day of March 2019. Affiant personally came
and appeared with PNP ID. 1234567 issued by the Philippine National
Police (PNP) on November 7, 2015 at Brooke’s point City, bearing his
photograph and signature, known to me as the same person who personally
signed the foregoing instrument before me and avowed under penalty of
law to the whole truth of the contents of said instrument.

ATTY. TIMOTHY JOSEPH C. FERNANDEZ


Roll No. 12345-2018
IBP No. 123456-1/15/18
PTR No. 124567-1/15/18; Isabela

Doc No. 151


Page No. 5
Book No. 2
Series of 2019

4
MANIFESTATION

May I request this Honorable Court a few words to ponder in the act of the
defendant by mere hiding these past years constitutes an abuse of
confidence over my client. The mere fact that he did not show even with
numerous attempt from my client for him to settle his obligation shows that
the trust entrusted by my client over him was violated.

ATTESTATION CLAUSE

I, ATTY. GRESTER JOHN A. HERNANDEZ, hereby attest that I


faithfully recorded the questions propounded and the corresponding
answers given by the affiant, CPL SAGRADO T. ABDULRAKMAN, I duly
interpreted the questions I asked in Tagalog which my client understands
and he provided the answers the best way he could which were duly
translated by me in the English Language. I did not in any way coach or
taught or instruct the witness on how to answer or any other person or
persons then present or assisting the witness regarding the latter’s answer.

ATTY. GRESTER JOHN A. HERNANDEZ


AFFIANT

SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in and


for Brooke’s point City this 8th day of March 2019. Affiant has voluntarily
exhibited to me his identification card bearing 58426-2020 with his picture
and signature as competent proof of his true identity.

ATTY. TIMOTHY JOSEPH C. FERNANDEZ


Roll No. 12345-2018
IBP No. 123456-1/15/18
PTR No. 124567-1/15/18; Isabela

Doc No. 152


Page No. 5
Book No. 2
Series of 2019

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