Republic of the Philippines

City of Puerto Prinsesa

)
) S.S.

COMPLAINT-AFFIDAVIT
I, JUNEL SAN JUAN, of legal age, Filipino, and with address at
Bataraza, Palawan, after having been sworn in accordance with law,
hereby depose and state that:
2. On September 29, 2010, around 8a.m., five men, four police
officers and one civilian, barged into my house. They claimed that I
committed robbery with homicide. Despite my protests, the said
persons still arrested me without showing a warrant of arrest;
3. After my arrest, the five men then went to Adolfo Montesa’s
house, and arrested him as well without showing a warrant of arrest;
4. Adolfo and I were brought to the police station in Brooke’s
Point, and there we were made to join a police line-up. After which,
we were taken aside and handcuffed by SPO1 ALEXANDER
AGULLO, PO3 DENNIS BARRIOS, and PO1 GERARD
CONSTANTINO, to reiterate, the said acts were done despite the
absence of an arrest warrant. Up to this date, no warrant of arrest has
been shown to me or Adolfo Montesa;
5. According to my lawyer, under Article 269 of the Revised
Penal Code for the crime of Unlawful Arrest:
The penalty of arresto mayor and a fine not
exceeding 500 pesos shall be imposed upon any
person who, in any case other than those
authorized by law, or without reasonable ground
therefor, shall arrest or detain another for the
purpose of delivering him to the proper authorities.

The elements being (1) offender arrests or detains another person,
(2) Purpose of the offender is to deliver him to the proper authorities,
and (3) Arrest or detention is not authorized by law or there is no
reasonable ground thereof;
6. This incident is a clear form of unlawful arrest as all three
elements of Unlawful Arrest are present, as I was detained, brought
to the police station, and there was no reasonable ground to my
arrest;
7. More so, the arrest does not fall under any of the three
exceptions of warrantless arrest as provided by Rule 113, Section 5,
of the Rules of Court, those being:

Affiant further says no more.ComplaintAffidavitExercise.27Jun14 . the person to be arrested has committed. PO3 DENNIS BARRIOS. Maria Mikaela Luz V. the robbery with homicide alluded to me and it did not appear that the policemen had personal knowledge as they arrested me five days after the commission of the robbery with homicide. Junel San Juan Affiant CERTIFICATION SUBSCRIBED and SWORN to before me this 27th day of June. . and he has personal knowledge of facts indicating that the person to be arrested has committed it. has read the same. I am executing this Complaint-Affidavit to attest to the truthfulness of the foregoing facts and that I am filing a COMPLAINT for Unlawful Arrest against SPO1 ALEXANDER AGULLO. 27th day of June. is actually committing. 8.I did not commit a crime nor was I attempting to commit a crime nor was I committing a crime. (c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending. Falgui State Prosecutor CLED1.(a) When. City of Puerto Prinsesa. (b) When an offense has in fact just been committed. . and that the contents thereof are true and correct of his own knowledge. at Puerto Prinsesa City. or is attempting to commit an offense. and PO1 GERARD CONSTANTINO who are all assigned in Brooke’s Point Police Station. 2014. in his presence.I did not commit a crime. or has escaped while being transferred from one confinement to another. . This is to certify that the I have personally examined the affiant and that he freely and voluntarily executed this affidavit-complaint. 2014.Clearly I am not an escapee.