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Republic of the Philippines )

Province of Surigao del Norte)


City of Surigao
)
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AFFIDAVIT OF COMPLAINT
I, PO3 TEODORO CLEMM B. PAREDES JR., of legal age, married and an active
member of the Philippine National Police presently assigned at the Regional Intelligence
Division, Police Regional Office 13 based at Camp Rodriguez, Butuan City, as Intelligence
Operative, after first being sworn to in accordance with law, do hereby depose and say:
That, in behalf of the state and under the authority of the Regional Intelligence
Division, Police Regional Office 13, I am filing a complaint for Illegal Possession of Firearms
and Live Ammunitions against Abdul Jakul Makabungkag, whom we (I and my colleagues in the
Regional Intelligence Division 13) apprehended on 25 June 2015 at around 7:40 in the morning
at Caltex Gasoline Station, P-6, Brgy. Bilasa, Calaboso, Surigao del Norte by virtue of the Alias
Warrant of Arrest with Criminal Case Nr 2007-79 for Murder, issued by Hon. X Men, Presiding
Judge, Branch 320, Regional Trial Court, 100th Judicial Region, and six other Alias Warrants of
Arrest with Criminal Case Nrs 2008-039, 2008-40, 2008-43, 2007-025,2007-026, 2007-20, all
for Multiple Murder and Homicide;
That, suspect is the 5th Most Wanted Person in the list of most wanted criminals in the
Region;
That, prior to the operation, on 13 June 2015, our office received unverified reports that
Abdul Jakul Makabungkag has been hiding at Sapoton, Calaboso, Surigao del Norte. Acting on
the report, I was instructed by our office to verify and confirm the report for appropriate action or
possible operation against the suspect should circumstances warrant;
That, on 21 June 2015, one of my informants called me up and informed me that the
suspect was being harbored by and was working with the Municipal Mayor of Calaboso, Surigao
del Norte, as Security Guard of the latters gas station at above-cited place. I asked said
informant to closely monitor the suspect. Further reports revealed that suspect was armed with
calibre .45 pistol always tucked in his waist and was previously involved in a shooting incident
in the place;
That, I relayed the information to our office. The office then planned our course of action
and set the operation to be conducted on 24 June 2015. Hence, at around 10:00 in the morning of
that date, my senior officer called me up informing me that the operation will be launched and a
team of personnel (from our office) will be sent for the operation;
That, at around 7:00 in the morning on the following day, 25 January 2015, on-board
white Toyota van, we passed by the said gas station hoping to spot the suspect. There and then,
we saw the suspect sitting near the cashiers booth wearing green t-shirt and a cap on his head.
We proceeded to the Municipal Police Station and coordinated with the local Police for our
operation;
That, we returned to Caltex Gas Station to have a clear view of the suspect. At around
7:40am, we arrived at the said gas station and confirmed his identity. Then, we went out of the
van, identified ourselves as Police Officers and accosted the suspect. We asked him if he was

ABDUL JAKUL MAKABUNGKAG and when he admitted he was, we presented to him the
Alias Warrants of Arrest against him and held him under arrest by virtue of such warrants;
That, the suspect attempted to resist but we were able to pacify him and a search was
conducted over the body of the suspect and yielded one (1) Para Ordnance calibre .45 pistol
loaded with 10 live calibre .45 ammunitions tucked at his waist, concealed under his shirt and
outer jacket;
That, the suspect was then apprised of his constitutional rights and was brought to
Calaboso Municipal Police Station for proper disposition and documentation. Thereafter, he was
brought to the Office of Regional Intelligence Division for the issuance of Return of the Warrant
and his presentation before the court issuing the Alias Warrant of Arrest and for issuance of
Commitment Order;
That, on 26 June 2015, the Commitment Order was issued against the suspect. He was
properly turned-over to the Bureau of Jail Management and Penology-Cabadbaran, Cabadbaran,
Agusan del Norte, where he is presently detained thereat;
That, I am executing this affidavit to attest to the truth of the foregoing and to support the
filing of appropriate case in court against ABDUL JAKUL MAKABUNGKAG.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 29 th day of June
2015 at Surigao City, Philippines.

PO3 TEODORO CLEMM B. PAREDES JR.


Affiant
SUBSCRIBED AND SWORN to before me this 29th day of June 2015 at Surigao City,
Philippines.

Republic of the Philippines

Province of Surigao del Norte)


City of Surigao
)
x----------------------------------x
COUNTER-AFFIDAVIT
I, ABDUL JAKUL MAKABUNGKAG, of legal age, married, working as Securitty
Guard and resident of Calaboso, Surigao del Norte, after first being sworn to in accordance with
law, do hereby depose and say:
That, I vehemently deny the allegations and charges filed against me by the personnel of
the Regional Intelligence Division, Police Regional Office 13. The same were false, malicious
and violative of my constitutional rights;
That, on 25 June 2015, at around 7:40 in the morning, a white Toyota van parked near the
counter of Caltex Gas Station where I was posting as Security Guard. I and the pump boys
thought that the van was going to gas up. But, instead, five men led by the herein complainant,
PO3 Teodoro Clemm B. Paredes, Jr., suddenly went out of the van and swarmed me. Two of
them were armed with M16 armalite rifles and the complainant and two others with cal .45, all
pointed and poked at me at point blank;
That, we were all shocked and frightened. We even thought that they were robbers. The
Police Officers did not even identify themselves. I never had time to react and ask who they
were; I panicked in fear. So, I just yielded and raised my hands. They immediately arrested me
and told me that they have a warrant of arrest against me left at the Police Station. It was then at
that instance we knew they were Police Officers;
That, they then searched the whole place and found a para-ordnance cal .45 with 10 live
ammunitions at the drawer of the counter and placed it on the floor right in front of me (attached
is the picture where the alleged firearm and ammos were placed and affidavit of the cashier). I
told the Police Officers that the gun was not mine but they insisted that it was recovered from my
possession. In truth and in fact, the alleged gun is owned by my employer which he placed in the
drawer of the counter as pre-emptive measure against robbery and other criminal elements. I am
attaching herewith the license and permit-to-possess of my employer, Hon. Abdul Latip
Makatilap, Municipal Mayor, Calaboso, SdN;
That, my arrest was illegal and in violation of my constitutional rights. The firearm and
ammunitions which they allegedly recovered from my possession and control cannot also be
used as evidence against me as it was a fruit of a poisonous tree, being a product of an illegal
search conducted without a warrant over the place where I was working as Security Guard and
without a warrant of arrest to make it incidental thereof. Section 2, Article III of the 1987
constitution explicitly provides,
The right of the people to be secure in their persons, houses, papers and effects
against unreasonable searches and seizures of whatever nature and for any purpose
shall be inviolable...

That, as a consequence thereof, the complaint filed against me by PO3 Paredes is baseless
and in volation of such provision of the fundamental law. And, therefore, the same should be
dismissed; the arrest and search made was a circumvention of the law requiring search warrant
and warrant of arrest before a search and an arrest can, respectively, be validly made against any

person. The circumstances surrounding my case was devoid of the conditions guaranteed further
by the law on the allowance of warrantless arrest and search;
That, I am executing this affidavit to attest to the truth of the foregoing and to refute the
charges filed against me by PO3 Teodoro Clemm B. Paredes, Jr., and for the eventual dismissal
thereof.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 29 th day of June
2015 at Surigao City, Philippines.

ABDUL JAKUL MAKABUNGKAG


Affiant
SUBSCRIBED AND SWORN to before me this 29th day of June 2015 at Surigao City,
Philippines.

Republic of the Philippines )


Province of Surigao del Norte)
City of Surigao
)
x----------------------------------x
AFFIDAVIT OF WITNESS
I, LINDA NAGA HIGA, of legal age, married, and resident of Calaboso, Surigao del
Norte after first being sworn to in accordance with law, do hereby depose and say:
That, I have been employed as Cashier of Caltex Gas Station at above-cited place since
the year 2012 and have worked with Abdul Jakul Makabungkag, as Security Guard, for almost
three years now. Having worked with him for that period, I knew him as a trustworthy person,
prudent and respectful. Our employer entrusted to him our safety and security and all his
transactions involving huge amounts of money. We cannot see from him any trace of criminal
behaviour as alleged by the personnel of the Regional Intelligence Division who arrested him
illegally;
That, on 25 June 2015, at around 7:40 in the morning, a white Toyota van parked near the
counter of Caltex Gas Station where I was working as cashier. The pump boys thought that the
van was going to gas up. But, instead, utmost five men led by the herein complainant suddenly
went out of the van and swarmed the Security Guard, Abdul Jakul Makabungkag. Two of them
were armed with M16 armalite rifles and the complainant and two others with cal .45, all pointed
and poked at our guard;
That, we were all shocked and frightened. We even thought that they were robbers. The
Police Officers did not even identify themselves. I panicked and trembled in fear. I hid under the
table in the cashiers booth. But I overheard everything that transpired. The Police Officers did
not have a warrant of arrest against guard as it was left in the Police Station. It was then at that
instance we knew they were Police Officers;
That, they then searched the cashiers booth and found a para-ordnance cal .45 with 10
live ammunitions at the drawer of the counter and took it and palced on the floor right in front of
the guard. I told the Police Officers that the gun was from our employer who put it there with the
instruction given to the guard to use it during emergency situations. But they insisted that it was
recovered from the guards possession. In truth and in fact, the alleged gun is owned by my
employer which he placed in my drawer;
That, they then arrested Abdul Jakul Makabungkag and brought him to the Police
Station. We knew later that he was brought to Butuan City and eventually detained at
Cabadbaran City Jail;
That, I am executing this affidavit to support the refutal of Abdul Jakul Makabungkag
against the charges filed against him by PO3 Teodoro Clemm B. Paredes Jr.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 30 th day of June
2015 at Surigao City, Philippines.
LINDA NAGA HIGA
Affiant
SUBSCRIBED AND SWORN to before me this 30th day of June 2015 at Surigao City,
Philippines.