REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE PROSECUTOR
MANILA

EDGAR KEVIN DURANT,

Complainant,

- versus – NPS Docket No.:_______

For: Homicide

PO3 RICARDO DALISAY y MANLANGIT and

PO2 COCO MARTIN y CRUZ,
Respondents.
x-------------------------------------x

COMPLAINT- AFFIDAVIT

I, EDGAR KEVIN DURANT, Filipino, of legal age,

with residence at 605 Amberland Hills, Moriones- Tondo,
Manila, after having been duly sworn in accordance with law,
hereby depose and state that:

1. I am the father of the minor victim Kobe Durant,

who is one of the players of Team Tondo Sunog Warriors, of
which I am the Head Coach.

2. At around 4:30 P.M of February 14, 2019, during

our basketball match against Team Hithit Buga at Tondo
Basketball Court, a group of policemen from Moriones-
Tondo Police Station arrived outside the Barangay Hall just
across the basketball court to conduct random check point,
since our community is included in hot spot areas in Manila
for drug-related incidents.

3. After a while, policemen caught a man possessing

white crystalline substance placed inside his car’s trunk. The
police officers immediately apprehended and conducted
bodily search upon him and his belongings.

4. In fear of being arrested, the drug suspect

vehemently and forcefully resisted the police officers and
attempted to flee towards the direction of the basketball
court where my son and I are situated. To pacify him,

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repeated gunshots were fired directed at the drug suspect
which caused commotions and his sudden death.

5. Unfortunately, my son, who is currently playing

basketball, sustained mortal gunshot wounds near his chest
and neck due to such police encounter. We immediately
brought him to Chinese General Hospital for medical
attention. However, at around 10:00 P.M, Dr. Aguda
declared him dead due to massive bleeding and heart
injury.1

6. The following day, I requested a copy of CCTV

footage from our barangay’s Community Safety Division. As
clearly seen from the footage,2 a policeman fired a warning
shot to stop the drug suspect from fleeing. However, due to
latter’s resistance, two policemen repeatedly fired their hand
guns, which caused the sudden death of the drug suspect
and infliction of mortal wounds over my son’s body.

7. The findings from CCTV footage were corroborated

by Barangay Kagawad Kiefer Ferrer’s narration of the
incident, who happened to be inside the Barangay Hall at the
time of incident.3

8. I likewise requested to perform Medico-Legal

examination. The Report4 conducted by Police Major
Biscocho of PNP Crime Laboratory, revealed that my son’s
cause of death is due to “heart injury secondary to
penetrating gunshot wounds” sustained from bullets of 9mm
hand gun and caliber .45.

9. Meanwhile, based on the Ballistic Examination

Report conducted by PO1 Lauredo of PNP Crime Laboratory,
5

it specified that 6 R-P headstamped cartridge cases were

discharged from Ruger semiautomatic pistol 9mm with serial
number PH9111111. Furthermore, the Report likewise
revealed that 8 230-grain cartridge bullets were discharged
from Automatic Colt Pistol .45 with serial number KFC87000.

1
Annex A: Death Certificate of Kobe Durant
2
Annex B: CCTV Footage obtained from Barangay 40 Community Safety Division dated February 14, 2019.
3
Annex C: Sinumpaang Salaysay of Barangay Kagawad Kiefer Ferrer dated February 18, 2019.
4
Annex D Medico- Legal Report conducted by Police Major Biscocho dated February 16, 2019.
5
Annex E: Ballistic Examination Report conducted by PO1 Lauredo dated February 17, 2019.

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 10. Upon verification, PO2 Andaya of PNP Property
Custodian Division issued a Certification6 that 9mm hand-
gun with serial number PH9111111 was issued to PO3
Ricardo Dalisay on December 25, 2018 and caliber .45 hand-
gun with serial number KFC87000 was issued to PO2 Coco
Martin on January 1, 2019.

11. It is clear from the foregoing that Respondents,

who are unrelated to us by any degree, shall be held liable
for my son’s death.

12. I am executing this Complaint-Affidavit to attest to

the truthfulness of the foregoing statements and pray that
the Honorable Prosecutor CHARGE and INDICT
Respondents PO3 KARDO DALISAY y MANLANGIT and
PO2 COCO MARTIN y CRUZ of the crime of HOMICIDE
under Article 249 of the Revised Penal Code.

IN WITNESS WHEREOF, I hereunto affix my

signature this 6th day September 2019 at Manila, Philippines.

___________________
EDGAR DURANT
Affiant

SUBSCRIBED AND SWORN to before me this 6th day

of September 2019 at Manila, Philippines. I hereby certify
that the Affiant, confirmed and affirmed to me that he has
read and understood his Complaint-Affidavit and that the
same is his true and voluntary act and deed.

_______________________
RENATO SANDOVAL
City Prosecutor of Manila

6
Annex F: Certification made by PO2 Andaya dated February 25, 2019.

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 CERTIFICATE OF NON-FORUM SHOPPING

I, EDGAR KEVIN DURANT, the Complainant in the above-

captioned case, married, of legal age, Filipino, after having
been sworn, in accordance with law, hereby depose and
state that:

1. I have not commenced any other action or proceeding

or any claim, or filed any claim involving the same
issues raised in the above-captioned case, in Supreme
Court, Court of Appeals, nor in different Divisions
thereof, nor in any other court or tribunal or agency,
and to the best of my knowledge, no such other action
or claim is pending therein;

2. I hereby undertake to notify this Honorable Office of

such fact within 5 days from receipt of such knowledge,
should I come to learn that the same or a similar action
or claim has been filed or pending in the Supreme
Court, Court of Appeals, the different Divisions thereof,
or any other court, tribunal, or agency.

EDGAR KEVIN DURANT

Affiant

SUBSCRIBED AND SWORN TO before me this 6th day

of September 2019 at Manila, Philippines, affiant, exhibiting
to me his SSS ID with ID No. 56778, as competent evidence
of his identity, and he personally acknowledged to me that
the foregoing “Complaint Affidavit” is her free and voluntary
act and deed.

NOTARY PUBLIC

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