STATEMENT OF FACTS

1. On May 9, 2017, around 7 oclock in the evening, accused

was driving along Km. 8, Matina Pangi, Davao City. He came from his
sisters house located at South Villa Heights II, Catalunan Grande,
Davao City.

2. That prior to the incident, the accused had several errands

during the day. Around 12 noon that day, accused along with his
mother, went to his sisters house and picked up his yaya Dina.
Afterwards, they went to Bangkerohan Public Market and bought
some flowers for the wake of his Yaya Dinas brother-in-law who was
also their family driver for so many years. They went directly to Abain
Compound Don Julian Ma-a, Davao City to attend the wake of yaya
Dinas relative.

3. That after the accused spent for almost three (3) hours in the
wake, he went back to his residence located at #70 Milkyway Street,
GSIS Subdivision, Matina where his mother also lives. And after the
accused sent his mother to his home, he directly went back again in
Catalunan Grande to send his Yaya Dina. The accused again spent an
hour in his sisters house and took his dinner.

4. The accused left his sisters home around 6:30 in the evening and
drove his way to Km.8. While the accused was on his way home, he
picked up a friend alias Rubilyn along the KM. 8 highway as they
will have their next drinking session at the accused residence.

5. While the accused was already driving along Km.8 road, she
picked up Rubilyn and immediately the latter boarded the vehicle at
the front seat. Accused mentioned that while he was driving she
asked Rubiliyn of where Km.9 is as he is not so familiar with the
road along Matina. However, just before Rubilyn could answer his
question, a certain vehicle blocked their way.

6. That around twenty (20) seconds after they left the place, a
vehicle (white van in particular) blocked their way. The accused
honked his car twice and switched on the headlights for he thought
that it was a private vehicle and as a normal driver, he was
suspicious why the vehicle stopped and blocked his way.

7. Thereafter, a group of armed men, wearing civilian clothes,

disembarked from their vehicle and to his surprise they pointed their
guns to the accused and said pulis mi, pulis mi! (We are the police,
We are the police!)

8. The accused immediately raised his hands as a form of surrender.

He went down from his vehicle and immediately, he was being
handcuffed and went through a body search by a certain police
officer that was later identified by the accused as PO1 Elven Sanopao
Lusbog (P01 Lusbog).

9. While the accused was being handcuffed, P01 Lusbog kept on

asking him in Bisaya language, Asa ang item? (Where is the item?)
and the accused replied Wala gyud kay makuha sa ako Sir. (You
cannot get anything from me, Sir). Thereafter, PO1 Lusbog punched
the accuseds diaphragm and the officer again asked, Tug-an na
lang ug tinuod! (You better tell the truth!), then the accused said,
Wala lagi ko masking unsa Sir! (I dont really have anything Sir)
then again P01 Lusbog punched the accused twice infuriately at the
diaphragm.

10. That while the accused was standing along the road under the
supervision of P01 Lusbog, he noticed that the rest of the armed men
went to his car and searched his vehicle. He could no see exactly
how the searching was done since he was facing against his car but
the accused can accordingly hear how the officers ransacked his car.

11. That after ten (10) minutes or more, he was brought inside the
van and while they were on their way , the accused was being
interrogated by a certain man whom the accused later identified as
PO3 Carlo Jumawan (P03 Jumawan). Accordingly, P03 Jumawan
threatened the accused by saying, Patyon na lang ka namo (We
will just kill you). However, the accused just kept quiet all the time.
Thenafter, P03 Jumawan again asked Asa diay ka nagakuha ug
item? (Where do you really get the item?), then the accused said,
Sir wala gyud baya jud ko kabalo ana Sir. Sige lang Sir kung naa koy
mahibaw-an mag coordinate jud ko sa inyuha. (Sir, I really do not
know about that Sir, but if in case I will have an information Sir, I will
coordinate with you right away). Then after, the accused notice that
the P03 Jumawan was speaking over the phone discreetly and
stopped asking questions to the accused.

12. That it took more than thirty (30) minutes for the accused to
arrived in the Buhangin Police Station.