Jose Vasquez Drug Case Affidavits
Jose Vasquez Drug Case Affidavits
Department of Justice
OFFICE OF THE CITY PROSECUTOR
Naga City
AGENT VIDAL DC BACOLOD NPS-V-05-INV-18H-0433
Complainant
For: Violation of Sec. 5 of
-versus- R.A. 9165
On August 21, 2018 after I was forcibly brought into the Apartment
of a male person, I later learned as one Mark Perez, the latter walk
towards me and asked if I knew him.
IN WITNESS whereof, I have hereunto set my hands this __ day of October 2018
in the City of Naga, Camarines Sur.
JOSE VASQUEZ
AFFIANT
Subscribed and sworn to before me this __ day of October 2018, in the City of
Naga Camarines Sur. I further certify that I have personally examined the affiant and am
Republic of the Philippines
Department of Justice
OFFICE OF THE CITY PROSECUTOR
Naga City
11. After leaving our residence, we went to Bicol Science Centrum near
the City where there was an apartment and forcibly told me to admit
that the drugs there were mine;
12. I was then brought near GMA station at Naga City Subdivision. I was
then handcuffed and placed under arrest and the media and P/B
Regmalos arrived;
13. That I did not possess nor sell any shabu to any persons at any time;
15. On August 21, 2018 at around 6:00 o'clock in the evening until 7:00
o’clock in the evening, I saw two male persons enter the residence
of Jose L. Vasquez and forcibly took him away without any valid
reason whatsoever;
16. Jose Vasquez tried to escape and was able to jump through the fence.
of Municipal Councilor Josefina Asor;
ROMULO O. CANDELARIA
AFFIANT
On August 21, 2018 at around 6:00 o'clock in the evening until 7:00
o'clock in the evening, I saw two male persons enter our residence of
and forcibly took Jose L. Vasquez away without any valid reason
whatsoever;
2. Jose Vasquez attempted to escape and was able to jump through the fence of
Municipal Councilor Josefina Asor;
ISABEL C. VASQUEZ
AFFIANT
2. On August 21, 2018 at around 6:00 o'clock in the evening until 7:00
o'clock in the evening, I saw Jose Vasquez jump over my residence;
3. The latter told me that there were several persons who were trying to
take him away due to a misunderstanding;
After a while I went to his wife and told her to fetch her husband.
in order that the latter may face his problem;
JOSEFINA N. ASOR
AFFIANT
The main discrepancy lies in the allegation of Vasquez selling drugs, for which he was apprehended, contrasted with his defense that claims he was forced to falsely admit ownership of the drugs . His narrative includes being abducted and framed, a claim supported by witness affidavits stating he was forcibly taken and unaware of the reasons behind his apprehension . This divide questions the legitimacy of the charges against him and brings into focus issues of coercion and procedural integrity.
The documented affidavits highlight significant procedural issues in Jose Vasquez's arrest, such as the absence of a valid warrant during his forceful removal from his home and the alleged coercion into admission of guilt . These discrepancies indicate potential violations of due process and legal rights, suggesting an arrest lacking in procedural integrity. Such practices undermine the justice system's credibility, potentially leading to wrongful imprisonments and decreased public trust in law enforcement and judicial processes .
The prosecution's charge against Jose Vasquez under Republic Act 9165 was based on an alleged drug transaction involving shabu, supposedly found in a Marlboro pack along with cash . Vasquez disputed this by stating in his affidavits that he never possessed or sold drugs and claimed that the evidence was fabricated by individuals who forced him into admission .
Jose Vasquez denied possessing or selling drugs, stating in his affidavit that the drugs were not his and that he was coerced into admitting ownership . This response is crucial as it forms the basis of his legal defense, challenging the allegations under Republic Act 9165. His assertion of being forcibly taken and framed indicates a potential abuse of legal process and wrongful incrimination, thus impacting the credibility of the prosecution's case .
Witness testimonies, including those of Romulo O. Candelaria, Isabel C. Vasquez, and Josefina N. Asor, shaped the narrative by providing accounts of the events. Candelaria and Isabel Vasquez both attested that Vasquez was forcibly taken from his home . Asor confirmed Vasquez's presence at her residence and his claims of misunderstanding with those who pursued him . These testimonies strengthen Vasquez's defense, portraying him as a victim of a setup rather than a perpetrator .
The legal environment in Naga City, under the jurisdiction of the Department of Justice, dictated that Jose Vasquez's case be pursued under Republic Act 9165, which pertains to drug offenses . The procedures followed included affidavits sworn before city prosecutors and witness statements, highlighting the formal legal mechanisms at play. However, allegations of forced admissions and framing suggest procedural lapses or misconduct that may undermine the prosecution's efforts and highlight potential abuses within legal practices in the area .
On August 21, 2018, two men entered Jose Vasquez's residence and forcibly took him away without providing a valid reason. Vasquez attempted to escape and managed to jump through the fence of Municipal Councilor Josefina Asor's house . Romulo O. Candelaria and Isabel C. Vasquez corroborate this account, stating they witnessed the forceful taking of Vasquez .
Jose Vasquez's account of being coerced to admit ownership of drugs suggests potential abuses of power and legal malpractice, raising questions about the integrity of law enforcement and judicial proceedings in Naga City . Socially, it points to issues of trust and fear within the community regarding law enforcement, possibly deterring individuals from seeking justice amidst concerns of wrongful accusation and insufficient procedural safeguards .
The interaction sees community figures like Josefina N. Asor providing interim guidance while legal representation presumably handles formal defenses . Strengths include immediate local support and testimony that could reinforce Vasquez's claims of innocence. Weaknesses involve potential limitations in influence or expertise from community helpers compared to professional legal strategies, possibly compromising the robustness of a legal defense in the absence of formal legal intervention or undermining the due process if perceived as collusion .
Josefina N. Asor's statement supports Jose Vasquez's defense by confirming his plea of misunderstanding when he sought refuge at her residence after escaping from pursuers . She advised that his issues could be resolved through dialogue, indicating her belief in Vasquez's innocence or misconception of guilt. Her account helps substantiate Vasquez's narrative of being wrongfully targeted and reinforces claims of non-involvement in the alleged drug possession and sale .