Republic of the Philippines

Regional Trial Court

Branch____
Makati City

PEOPLE OF THE PHILIPPINES

Plaintiff,

-versus- Crim. Case No. 01-0269

for: MURDER

PO3 Peter Montelo,

PO1 Carlo Solte,
PO1 Martin Alipo,
Accused,

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

JUDICIAL AFFIDAVIT OF Brgy Captain Ivy Edodollon

(For the Defense)

The direct examination is conducted and recorded by Atty. Lalaine A Estayo

upon the person of Brgy Captain Ivy Edodollon, before Notary Public Anastacia
Claire Sinope on September 5, 2018 at the Fulgueras, Estayo, and Velasquez Law
Office located at 109 L.P. Leviste Street, Makati, Metro Manila.

Ms. Edodollon is answering the questions asked of her full conscious state
of mind and that she does so under oath and knowing that she may face criminal
liability for false testimony or perjury.

BACKGROUND OF THE CASE

John Michael Lelan is a 16 year old man residing at No. 1, Disgracia St.,
Brgy. 123, Pembo, Makati City, who was found dead on 8 July 2018 Brgy. 123,
Pembo, Makati City.

FACTS TO BE ESTABLISHED

1. To establish the legality of one-time Anti-Drug and Anti Criminality

Operation of the PNP and the service of the warrant of arrest against Nev
Lelan
2. The establish that John Michael Lelan assaulted police officers PO3 Peter
Montelo, PO1 Carlo Solte, PO1 Martin Alipo
3. To establish that John Michael, was arrested by the police officers but was
able escape from their custody
4. To establish that at the approximate time of Jan Michael’s death, the three
police officers were with Chairman Edodollon at the corner of Disgracia and
Desaforunado Street

DIRECT EXAMINATION OF THE EXPERT WITNESS

ATTY: (Formal offer of Testimonial Evidence): Your Honor, I would like to

offer the testimony of Ivy Edodollon, the Brgy Chairman of Brgy 123
Pembo, where John Michael and Nev Lelan reside. She will testify that at
the time of Jan Michael’s death, the suspected police officers were with her,
at the corner of Disgracia and Desaforunado Street, Brgy 123 Pembo Makati
City.

1. Q: Please state your name other personal circumstances for the benefit of
the court.
A: My name is Ivy Edodollon and I am the Brgy Chairman of Brgy 123
Pembo

2. Q: Do you personally know PO3 Peter Montelo, PO1 Carlo Solte, PO1
Martin Alipo?
A: Yes

3. Q: How did you come to know the three police officers?

A: They went to my office on the afternoon of July 8, 2018 to inform me
that they will be conducting one-time big-time anti- drug operations in
our barangay and that they will also serve an arrest warrant Nev
Lelan.

4. Q: Do you know Nev Lelan

A: Yes. Nev Lelan is one of my constituents, residing at No. 1 Disgracia
St Brgy 123 Pembo Makati. He is on our barangay’s Drug Watch List
because he is a suspected drug lord in our area who has evaded
arrest multiple times.

5. Q: What did you do next?

A: I volunteered to accompany the three police. We arrived at the house
of Nev Lelan at about 6pm. While PO3 Montelo was knocking at
the door, I looked around and saw that Nev was peeking at the
second floor window. I immediately informed the police officers that
Nev was inside the house, so PO3 Montelo knocked harder. Nena,
Nev’s sister, accompanied by his son, John Michael, opened the door.
PO3 Montelo informed her that they are serving a warrant of arrest
against her brother Nev, however, Nena told us that his
brother has not been going home for a long time.
6. Q: What did the police officers do?
A: Nena’s denial angered PO3 Solte. He shouted at Nena telling her that
I saw Nev peeking at their second floor window. At this point, John
Michael, Nena’s son, rushed to the kitchen and grabbed a bolo,went
back to the living room and pointed the bolo at us and exclaimed: “
Putang ina, hwag nyong gagalawin ang tiyo ko! Magkakamatayan
tayo dito”

7. Q: How did the police officers react to Jan Michael’s outburst?

A: They were taken aback. PO1 Martin Alipo drew his firearm, pointed
it at John Michael and said in a loud voice “Bitiwan mo yan, hindi
ikaw ang pakay namin dito. Madadamay pa ang nanay mo”.

8. Q: What did John Michael do?

A: John Michael hesitated at first but he eventually surrendered and
let go of the bolo. Then, PO1 Alipo immediately handcuffed John
Michael to avoid further aggression.

9. Q: Where were you while this commotion was happeining?

A: I was standing near the door of Nev Lelan’s house

10.Q: What happened next?

A: I heard a loud thud so I rushed out of the house and saw Nev, he was
standing up from the ground and attempting to run and escape so I
shouted, “Sir, tumatakas po si Nev!”. PO3 Montelo and PO1 Solte
immediately went out of the house to go after Nev Lelan. PO1 Alipo
and I, were left behind to handle the situation at Nev‘s house and to
pacify John Michael and Nena who was then hysterical. After about
20 minutes, PO3 Solte and PO1 Montelo, went back to the house and
told us that they lost Nev Lelan. I heard them report to their superior
about the incident through a cellular phone call

11. Q: What did you do next?

A: I asked them about their next plan of action after the failed arrest of
Nev Lelan. They told me that their superior instructed them to
abandon their pursuit of Nev Lelan in the meantime, arrest John
Michael for Direct Assault and report back to the police station.

12.Q: How did Nena react when she heard that her son will be arrested?
A: When Nena heard that her son will be arrested and brought to the
police station, Nena cried and begged the police officers to
spare his son. She pleaded, “Sir maawa po kayo, huwag
nyo po ikulong ang anak ko , mabait na bata po sya sir.

13. Q: Did the police officers heed Nena’s pleas?

 A: No. They proceeded to arrest Jan Michael. PO3 Peter Montelo
assured Nena, saying, “ Hayaan nyo po Ma’am makakalabas din ‘to
bukas,ibo-book lang namin sya sa istasyon”.

14.Q: What happened next?

A: The three policemen and I escorted John Michael out of the house.
However, about twenty meters from Nev’s house, at the corner of
Disgracia and Desaforunado Street, John Michael managed to free
himself from PO1 Alipo’s grip and escape. The police officers
pursued John Michael, while I stayed behind and made calls to my
roving tanods to be on the look-out for Jan Michael and Nev.

15.Q: Were the police officers able to catch Jan Michael?

A: No. They went back to the corner of Disgracia and Desaforunado
Street without Jan Michael. They instructed me to call the station in
case Nev or Michael turns up, since they need to go back to their
station to file their reports.

16.Q: What happened next?

A: While the four of us were still discussing at the corner of
Disgracia and Desaforunado Street we heard three gunshots. The
police officers immediately ran to find the where the gunshots were
fired while I followed behind them.

17.Q: Were they able to find where the gunshot was fired?
A: Yes. The gunshots were fired from Asesinato Drive, a dead end
street, two blocks east of Nev Lelan’s house.

18.Q: How did you know that the gunshots were fired from the Asesinato
Drive?
A: The three police officers ran towards Asesinato Drive and got there
first. I saw them coming out of the dead end street. When I
rushed towards them and asked what happened, they told me that
they found the dead body of John Michael riddled with three
gunshot wounds. I ran to the dead end street to confirm, and there I
saw the body of John Michael, lying in a pool of blood.

19.Q: Do you confirm that the contents of this is true and correct and are
you willing to sign this as your conformity to all that has been stated
in this document?

A: Yes.

- No Further Questions -
 IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of
September 2018 in Makati City.

IVY EDODOLLON
(Affiant)

SUBSCRIBED AND SWORN to before me this 5th of September 2018 in

Makati City by the affiant who personally appeared before me and presented to me
his Driver’s License, which sufficiently establishes his identity and who attested
the truth of the foregoing.

Name Gov’t Issued ID Date of Issuance/Expiry

Ivy
Edodollon

Anastacia Claire Sinope

Notary Public
Until December 31 2019
PTR No 12347/ Makati City/01-01-18
Roll no 98765431

Doc no ______;
Page no ______;
Book No____
Series of 2018

ATTESTATION

I, ATTY. LALAINE A. ESTAYO, hereby state that I faithfully recorded or caused

to be recorded the questions he asked and the corresponding answers that the
witness, IVY EDODOLLON gave and that neither I nor other person then present
or assisting me coached IVY EDODOLLON in her answers.
 Atty. Lalaine A. Estayo

SUBSCRIBED AND SWORN to before me this 10th of September 2018 at Makati

City by the affiant who personally appeared before me and presented to me his
Philippine Passport Number, which sufficiently establishes his identity and who
attested the truth of the foregoing.

Date of
Name Gov’t Issued ID
Issuance/Expiry
ATTY. LALAINE A. PRC ID No. 106797 February 2, 2018
ESTAYO

Anastacia Claire Sinope

Notary Public
Doc no ______; Until December 31 2019
Page no ______; PTR No 12347/ Makati City/01-01-18
Book No____ Series of 2018 Roll no 98765431

The original copy of this judicial affidavit is filed with the Honorable Court and
duplicate copies thereof are furnished by personal service to:

Office of the City Prosecutor

Justice Hall, Makati City