REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

07TH JUDICIAL REGION
BRANCH 51
Carmen, Bohol

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- CRIMINAL CASE NO.

For: MURDER

JULIO QUIETA,
Accused.

x--------------------------------------------------x

JUDICIAL AFFIDAVIT OF
POLICE CHIEF MASTER SERGEANT
MARSILINO Y. KURAT

PRELIMINARY STATEMENT

The person examining me is Prosecutor James C. Bermundo of the

Provincial Prosecutor’s Office, Tagbilaran City and this judicial affidavit is
being taken at such office. The questions are asked in the English language
and I am giving my answers fully conscious that I do so under oath and I am
aware that I may face criminal liability for false testimony or perjury for false
statements made or given by me.

OFFER OF TESTIMONY

The testimony of the witness Police Chief Master Sergeant Marsilino

Y. Kurat is being offered to prove that:
1. The Philippine National Police Station at Poblacion, Sierra Bullones,
Bohol received a report that a dead body of man lying in a deserted
area in Sitio Binintian, Brgy. Bugsok, Sierra Bullones, Bohol;

2. The station commander immediately ordered to conduct an ocular

inspection and investigate the matters subject of the report;

3. In compliance with said order, Police Chief Master Sergeant Marsilino

Y. Kurat along with three other officers went to said place of the
alleged incident to investigate, and;

4. Certain pieces of evidence and other facts in relation to the

investigation that was conducted by said police officers.

1. Q: Mr. Witness, will you please tell the Honorable Court your name,
age and other personal circumstances?
A: I am Police Chief Master Sergeant Marsilino Y. Kurat, 57 years of
age, a police investigator stationed at Sierra Bullones Police Station.

2. Q: How long have you been a police investigator?

A: More than twelve years already.

3. Q: How long have you been stationed in Sierra Bullones?

A: I have been there for more than five years now.

4. Q: What do you remember on the tenth day of August 2019?

A: When I was on duty at the police station, at around six o’clock in
the morning, two individuals came to the police station.

5. Q: Who attended them?

A: It was yours truly.

6. Q. Who were the individuals who came to your office?

A. They were, Vicente T. Engbino and Pedro D. Butron.

7. Q: What was the subject of the report?

 A: They reported to us that a dead body of a man was found in a
deserted area in Sitio Binintian, Brgy. Bugsok, Sierra Bullones.

8. Q: What did you do after the report?

A: I immediately relayed the information to our station commander
who was in the station at that time.

9. Q: What was then the response of your commander?

A: Our commander instructed me together with Police Senior Master
Sergeant Vic Cotto, Police Master Sergeant Willy Rebelyame and
Patrolman Dencio Padilla to respond to the area to confirm the report
and to conduct investigation.

10. Q: What happened next?

A: We went to the crime scene. While we were on our way, Vicente T.
Engbino who was ahead of us shouted “Julio” a couple of times, while
pointing to a person coming towards our way.

11. Q. What did your team do?

A. We quickly disembarked, and Vicente said to us that the man was
Julio who killed Macario. After that we stopped the person and
asked if he was Julio Quieta.

12. Q. What was his response?

A. He was not able to answer the question right away, but eventually,
he said, “YES”.

13.Q: What happened next?

A: He asked us, what do we want from him.

14.Q: What was your response?

A: I said that there was a report of an alleged killing of a certain
Macario Y. Rosales and that the report included the name of one Julio
Quieta as the suspect and we wanted to know if he was Julio Quieta.

15.Q: What was his response?

 A: He said he was not the Julio Quieta we were looking for.

16. Q. What did you observe during your conversation with this one Julio
Queita whom you and your team crossed with on the road?
A. When he answer my questions he stuttered and look like he is afraid
of giving answers. He looked pale and uneasy and sweat a lot. I
also saw blood stains on his shirt and he has a backpack on his
hands and he was only wearing one side of a slipper which is on
his right foot.

17. Q: What happened next?

A: Vicente, said that he was the one who murdered Macario. I asked
Julio again if where is he going, why there were blood stain on his
shirt, why he had a backpack and why is he wearing only a part of
the slippers but he did not answer.

18. Q: What did you do after?

A: On the strength of the testimony of the witness and on the
circumstances present at that time, we arrested Mr. Julio Quieta.

19. Q. What happened next?

A. After the arrest we went straight to the crime scene.

20. Q. Upon the arrival at the crime scene what did you observe on the
area?
A. The area was deserted. Although it was near the rice fields, tall
grasses and plants have overwhelmed the area and there were no
houses nearby.

21. Q. What did you do next?

A. We cordoned the area of the crime scene and we started the
investigation.

22. Q. What did you found in the area?

 A. I saw a man bath with blood with wounds around his body,
particularly, on the upper back, left shoulder and on the front neck.
He wore white stripe shirt and black short pants and slippers.

23. Q. Is the man alive or dead upon your investigation?

A. He was dead already. His skin turns to pale and he was not moving
and breathing.

24. Q. How do you confirm that the man was dead?

A. It was confirmed by the medic whom we ask for support and who
arrived few minutes after us at the area.

25. Q. I am showing to you a picture, do you recognize this?

A. Yes. it’s the corpse whom we investigate on the morning August
10, 2019.

26. Q. Do you confirm that this is Macario Y. Rosales?

A. Yes, based on the medico legal.

The same picture as part of evidence is marked as Annex A and

deemed part of this affidavit.

27. Q. What else did you see on the crime scene?

A. A bolo that was used as a weapon of the crime.

28. Q: I am showing you a picture, do you recognize this?

A: Yes. it is the bolo we found on the crime scene.

29. Q: How can you say so?

A: I can see the initials of my name I have encrypted on it before I put
the same in the plastic bag.

The same picture as part of evidence is marked as Annex B and

deemed part of this affidavit.

30. Q. What else did you found, if any?

 A. We saw a part of a slipper near the crime scene believed to be used
by the suspect.

31. Q. How do you know it was used by the suspect of the crime?

A. There were some blood on it and it was not the one used by the
victim. Also in the trail of the footprints and the location of the
slipper it clearly served as the tracks were the suspect is heading to
after the incident.

The same picture as part of evidence is marked as Annex C and deemed

part of this affidavit.

32. Q: What did you do the corps thereafter?

A: The corpse of the victim was carried to the medic team and was
turned over to the medico legal office for further investigation.

Affiant further sayeth not.

IN WITNESS WHEREOF, I have hereunto set my hand this 11th day

of August, 2019 at Tagbilaran City, Bohol, Philippines.

Police Chief Master Sergeant MARSILINO Y. KURAT

Affiant

ATTESTATION CLAUSE

I, Prosecutor James C. Bermundo, hereby attest that I faithfully

recorded the questions propounded and the corresponding answers given
by the witness police chief master sergeant Marsilino Y. Kurat. I did not in
any way coach or taught or instruct the witness on how to answer or any
other person or persons then present or assisting the witness regarding the
latter’s answers.
 James C. Bermundo
Assistant Provincial Prosecutor

SUBSCRIBED AND SWORN to before me this 11th day of December,

2018 at Tagbilaran City, Bohol, Philippines.

Rene R. Rekistas
Provincial Prosecutor