Murder Case

Robbie Goma is charged with the offense of violation of RA 9165 and is presently under
protective custody. He is a high value target inmate of BJMP Bungol, Bingue Province. He is a
witness in other cases involving big drug transactions.

Johnny Bagani, another detainee, is also charged with violation of RA 9165 and likewise
a high value target.

At around 3:00 o’clock in the morning of February 14, 2016, armed men in police
uniform carrying Search Warrants for Violation of RA 9165 and for Violation of RA 10591 for
Robbie Goma and Johnny Bagani entered the compound of the BJMP. They asked the jail
guards permission to enter the cells of Robbie Goma and Johnny Bagani, but were refused
because the jail warden was not around. The armed men, led by a person who introduced
himself as SPO4 Coco Richards, insisted to enter and implement the Search Warrants so they
proceeded to cut the padlock using a bolt cutter. They asked where the cells of Robbie Goma
and Johnny Bagani were but the jail guards refused to tell them so they immediately disarmed
the jail guards and made them lie on the ground.

Some of the men then proceeded to enter the inner gate leading to the detention cells
and passed by the other inmates, while the others were left to stand guard. Few minutes after,
voices were heard shouting “dapa! dapa!” followed by another voice uttering the words “ayaw
sir! ayaw sir!”. Thereafter, sounds of gunshots followed.

The armed men then came rushing out and informed the jail guards that inmates Robbie
Goma and Johnny Bagani fired at them forcing them to retaliate resulting in their respective
deaths. They likewise informed the jail guards that they recovered several sachets of “shabu”
and a .40 caliber pistol inside the cell of Johnny Bagani while a .45 caliber firearm was also
recovered from the cell of Robbie Goma. The jail guards got up from the floor and went to the
cells of Robbie Goma and Johnny Bagani. They saw the dead bodies of the two sprawled in their
respective cells. The armed men then left the premises, but after a while one of them returned
and removed the hard drive of the CCTV. A few minutes later the SOCO arrived.

SPO4 Coco Richards and the rest of the operatives now stand charge for two (2) counts
of Murder.

FACTS KNOWN TO ALL THE PARTIES:

 Armed police officers bringing with them search warrants for illegal drugs and fireams
entered the premises of the BJMP Bongol, Bingue Province in the early morning of
February 14, 2016 and served them on detainees Robbie Goma and Johnny Bagani.

 Based on the SOCO Report, detainee Robbie Goma and Johnny Bagani were found dead
inside their respective cells. Found inside the cell of Robbie Goma was .45 caliber pistol.
From the cell of Johnny Bagani, a .40 caliber pistol and several sachets of suspected
methamphetamine hydrochloride (shabu) were recovered.
 Based on the Medico-Legal Report, detainee Robbie Goma and Johnny Bagani died due to
multiple gunshot wounds.

FACTS KNOWN ONLY TO DETAINEE WITNESSES:

 Armed police officers entered the detention area at around 3:00 o’clock in the early
morning of February 14 2016 and woke all the detainees in the cells with shouts of “dapa!
dapa!” as they were entering the area;
 Detainee in Cell#2 saw two of the armed police officers proceed to Cell#1 where Robbie
Goma was detained, while two other police officers proceeded towards Cell#7 where
Johnny Bagani was detained;
 Detainee in Cell#2 heard Robbie Goma greet the police officers saying “Good morning!”
and a while later heard Robbie Goma pleading with the police officers saying “ayaw sir!
ayaw sir!” followed by the sounds of gunshots being fired;
 Detainee in Cell#7 were awakened by two police officers who told him and his fellow
inmates to leave the detention cell except for detainee Johnny Bagani and to proceed to
the quarantine area;
 All the detainees heard the sounds of gunshots being fired in the directions of Cell#1 and
Cell#7 followed by silence;
 The armed police officers then went out of the detention area after which the jail guards
arrived and the detainees could hear them saying that Robbie Goma and Johnny Bagani
were already dead;
 Detainees can identify the police officers who entered the detention areas.

Republic of the Philippines

National Police Commission
PHILIPPINE NATIONAL POLICE
Bingue Provincial Crime Laboratory Office
Camp Sawi, Municipality of Bungol
Province of Bingue, Philippines

INVENTORY OF EVIDENCE COLLECTED

1. SOCO Case Number : SOCO RCL07-D-54-069

2. FACTS OF THE CASE :

a. Nature of the Case : Shooting Incident
b. Victims : Robbie Goma and Johnny Bagani
c. Place of Incident : BJMP of Bongol, Bingue Province

3. Evidence Collected at the Crime Scene:

CRIME SCENE SITE 1 (DETENTION CELL NO. 1)
a. One (1) unit caliber .45 Taurus with Serial Number 28822808 marked as “RG-1”; One (1)
Magazine Assembly marked as “RG-B1”; Seven (7) pieces Live Ammunitions marked as
“RG-A1”;
b. Six (6) pieces fired cartridge case marked as “RG-A2”to “RG-A7”;
c. Two (2) pieces deformed bullets marked as “RG-8”and “RG-9”;
d. One (1) piece fragmented bullet marked as “RG -10”;
e. Two (2) pieces buccal swab from Robbie Goma marked as “RG”;
f. Hair strands from the wall marked as “RG-11”;
g. One (1) pair of paraffin case of Robbie Goma;
h. One (1) piece postmortem fingerprint of Robbie Goma;
i. One (1) cotton swab from caliber .45 Taurus with Serial Number 288220-8 marked as
“RSD”;
j. One (1) piece padlock.

CRIME SCENE SITE 2 (DETENTION CELL NO. 7)

a. One (1) unit .40 Smith and Wesson with Serial Number 098764-43 marked as “JG-1”; One
(1) Magazine Assembly marked as “JG-C1”; One (1) Fired Cartridge Case marked as “JG-
B1”; Six (6) pieces Live Ammunitions marked as “jg-A1”;
b. Five (5) pieces fired cartridge cases marked as “JG-3”, “JG-5”, ”JG-6”,”JG-8” and “JG-9”;
c. Two (2) pieces fired bullet marked as “JG-2”and “JG-7”;
d. Two (2) pieces deformed slugs marked as “JG-4”and “JG-9A”;
e. Two (2) pieces buccal swab from Johnny Bagani marked as “JG”;
f. Two (2) pieces blood swab from the Comfort Room of Cell number 7 marked as “JG-10”;
g. One (1) cotton swab from .40 Smith and Wesson with Serial Number 098764-43 marked
as “JGS-1”;
h. One (1) piece postmortem fingerprint from Johnny Bagani;
i. One (1) pair paraffin cast of Johnny Bagani.

(Signed)
CRISPIN P. ATA
Police Chief Inspector

SWORN STATEMENT OF JO2 ROGELIO DELA ROSA y CRUZ DATED FEBRUARY 15, 2016 GIVEN TO
NBI SPECIAL AGENT BOBBY RAY PARKS AT THE NBI REGIONAL OFFICE, REGION VII, PROVINCE OF
BINGUE.
x-----------------------------------------------------------------------------------------------------------------x

Please state your full name and other personal circumstances.

My name is JO2 Rogelio dela Rosa y Cruz, 30 years old, married, Filipino citizen with residence
at Blk. 2, Lot 3 of Barangay Damayan, Municipality of Bungol, Province of Bingue.

1. Please tell us why you are present in this office today?

I am here today to give my statement regarding the incident that happened at the BJMP of
Bungol last February 14, 2016 at around 3:00 o’clock in the morning where two (2) inmates
namely Robbie Goma and Johnny Bagani were killed by police operatives led by one SPO4 Coco
Richards.

2. Where were you at around 3:00 o’clock in the morning of February 14, 2016?
I was on duty as a jail guard at the BJMP of Bungol and spefically tasked to oversee the CCTV
monitor in the office covering all eight (8) cameras in the compound.

3. Will you please tell us if there was anything unusual that happened while you were
manning the CCTV cameras at the BJMP of Bungol?
Around 3:45 o’clock in the morning of February 14, 2016, I saw in the CCTV the arrival of three
(3) police vehicles and a SOCO van. Armed police officers with long and short firearms alighted
from the vehicles. I then saw the armed police officers approach the gate and talk to the jail
guard on duty. Shortly thereafter, they were allowed entry in the main gate. The SOCO
remained outside the gate waiting just beside the van.

4. What happened after that?

The armed police officers passed the area where I was and asked to see the Jail Warden. I
informed them through their team leader SPO4 Richards that the warden was not around but
our officer for the day, JO1 Enrico Mambo was inside the office.

5. How far is the office where JO1 Enrico Mambo was in relation to where you where?

About 50 meters.

6. What then happened after that if any?

SPO4 Richards and his armed companions proceeded to the office with the exception of one
police officer who stayed with me. Shortly thereafter, I was disarmed by the police officer and
made to kneel down facing the wall.

7. What happened next?

I could hear people shouting and then this was followed by multiple gunshots. When I had the
chance to look, I saw the police officers who entered earlier rushing to get out of the jail facility.
Thereafter, I saw the SOCO team enter the office where JO1 Enrico Mambo was.

8. What if any did you do after that?

When I noticed that there was no one guarding me, I got my service firearm which was placed
on the table and rushed to the office. I saw JO1 Mambo and two (2) other jail guards and
together we went to the area of the detention cells where the shots fired came from.

9. What did you find out if any when you reached the area of the detention cells?
I saw the bloodied body of Robbie Goma in Cell No. 1 and Johnny Bagani in Cell No. 7. I also saw
firearms and sachets of Shabu on the floor of the cells as well as short firearms.

10. Is there anything else you would like to add to your statement?
No sir. At the moment I have nothing more to add.

I hereby attest that I have read all the contents of the foregoing affidavit and the
same is true and correct. In witness hereof, I have hereunto affixed my signature this 15 th day
of February 2016.

(Signed)
JO2 ROGELIO DELA ROSA
Affiant

SUBSCRIBED AND SWORN to before me this 15th day of February 2016 in the
Municipality of Bungol, Bingue

(Signed)
JELLY BEANS
Assistant Provincial Prosecutor

SWORN STATEMENT OF JO1 ENRICO MAMBO DATED FEBRUARY 15, 2016 GIVEN TO NBI
SPECIAL AGENT MA. LOURDES SERENA AT THE NBI REGIONAL OFFICE REGION VII, PROVINCE OF
BINGUE.
x-----------------------------------------------------------------------------------------------------------------x

Please state your full name and other personal circumstances.

My name is JO1 Enrico Mambo y Gangnam, 25 years old, single, Filipino citizen, with residence
at No. 45 Katol St, Municipality of Bungol, Province of Bingue.

1. Please tell us why you are here in this office today?

I am here to give my statement concerning the incident that happened at the BJMP of Bungol.
Province of Bingue last February 14, 2016 where two inmates were killed by police officers led
by SPO4 Coco Richards.

2. Who are these inmates whom you said were killed by police officers led by SPO4 Coco
Richards?
They are inmates Robbie Goma and Johnny Bagani.

3. Will you please tell us what happened?

Around 3:00 o’clock in the morning of February 14, 2016, I was inside the office of the BJMP
Building drinking coffee when suddenly armed men in police uniform barged in and asked for
the warden.

4. How many armed men in police uniform barged in your office, if you can recall?
Approximately eight (8) of them.

5. What kind of firearms where they carrying at that time?

The police officer with nameplate SPO4 Coco Richards and three (3) of his companions were
carrying short firearms, most likely, .45 caliber pistols while the others were carrying M-16
rifles.

6. You mentioned that the police officers were asking for your jail warden. What
happened after that?
I informed them that our warden went home and asked them why they were there that early in
the morning.

7. What if any was their reply?

They informed me and my colleagues that they were there to implement Search Warrants
against inmates Robbie Goma and Johnny Bagani for illegal possession of firearms and
prohibited drugs.

8. What did you do next, if you did anything?

I asked a copy of the Search Warrants but they could not show me any so I refused to allow
them entry to the detention area.

9. What then happened next if any?

They suddenly pointed their firearms at us (there were three (3) of us on duty at the office at
that time), disarmed us and made us lie prostrate on the ground. They got the keys to the cells
and together with three other companions, SPO4 Coco Richards proceeded towards the
detention area.

10. What happened after that?

From where we were made to lie down, I could see the police officers break the padlock of the
gate with the use of a bolt cutter and then they continued walking towards the jail cells.

11. Where were the jail cell/s of Robbie Goma and Johnny Bagani?
Robbie Goma was detained in Cell#1 while Johnny Bagani was detained in Cell#7.

12. You mentioned that you saw SPO4 Richards and his companions walk towards the
cells of detainee Robbie Goma and Johnny Bagani. What if any happened after that?
Shortly thereafter, I could hear people shouting, “DAPA! DAPA!” and after just a few seconds
we could hear gunfire coming from the direction of the detention cells. After a minute or so,
one of the companions of SPO4 Richards returned to our area and informed us that a shootout
occurred as they tried to serve the Search Warrant on detainees Robbie Goma and Johnny
Bagani.

13. What happened next if any?

I saw SPO4 Richards and his companions together with those police officers who were left to
guard us, leave the BJMP premises. As we were standing up, one of the police officers returned
and forcibly took the hard drive of the CCTV which was then located outside the office. We
tried to stop him but he pointed his M-16 rifle at us as he was leaving.

14. What if any happened after that?

Out of nowhere, SOCO arrived and rushed to the area of the detention cells. My colleagues and
I followed them and when we reached Cell No#1, I saw the lifeless body of Robbie Goma all
bloodied and sprawled on the floor of his cell. I also noticed that his jail cell was opened and
that there was a short firearm nearby.

15. What about the cell of detainee Johnny Bagani?

When I went to check the cell of Johnny Bagani, I also saw his lifeless body and beside it was
several plastic sachets containing what seemed like shabu.

16. What did you do after that?

I immediately called the jail warden and reported the incident to him.

17. Aside from SPO4 Coco Richards, could you identify any of his companions?
I would be able to recognize them if I see them again. I also recall based on their nameplates
the Tan, Tita, Rifer and a certain Syder.

18. Do you wish to add anything to your statement?

I have nothing more to add for now.

I hereby attest that I have read all the contents of this affidavit and the same is true ad
correct. In witness hereof, I hereby affix my signature this 15th day of February 2016.

(Signed)
JO1 ENRICO MAMBO y GANGNAM
Affiant

SUBSCRIBED AND SWORN to before me this 15th day of February 2016 in the
Municipality of Bungol, Province of Bingue.

(Signed)
JELLY BEANS
Assistant Provincial Prosecutor

SWORN STATEMENT OF MARCO BOLO DATED 15 FEBRUARY 2016 GIVEN TO NBI SPECIAL
AGENT ALLAN ELEFANTE AT THE NBI REGIONAL OFFICE, REGION VII, PROVINCE BINGUE
x-----------------------------------------------------------------------------------------------------------------x

1. Q. Please tell us your name, age and other personal circumstances that would identify
you?
A. I am Marco Bolo, 45 years old, married and a resident of Barangay 8, Bungol, Bingue and
presently detained at BJMP Bungol, Bingue Province for Violation of Republic Act No. 9165.
2. Q. Why are you here at the investigation section of the NBI Regional Office, Bingue
Province?
A. I am here to give my statement about the incident at the BJMP Bungol, Bingue Province that
transpired on February 14, 2016 at around 3:00 o’clock in the morning leading to the death
of my fellow inmates, Robbie Goma and Johnny Bagani.

3. Q. What happened on February 14, 2016 at around 3:00 o’clock in the morning at the
BJMP Bungol, Bingue Province?
A. We were sleeping in Detention Cell#7 when two armed police officers suddenly arrived and
woke us up at around 3:00 o’clock in the early morning on said date;

4. Q. Who were with you in said Detention Cell#7?

A. I was with Johnny Bagani, Nuno Punso and Kuli Tin.

5. Q. What did these two police officers do if any?

A. They told everyone of us except Johnny Bagani to leave the cell and we were ushered by one
of the police officers to the quarantine area, leaving behind Johnny Bagani and one of the
other police officer.

6. Q. What if any happened after you were brought to the quarantine area?
A. We heard gunshots coming from the area of the detention cells. We later learned that
Robbie Goma of Cell#1 was already dead same as Johnny Bagani who was left in Cell#7.

7. Q. How many gunshots did you hear?

A. I cannot say, Sir, but I heard several gunshots and it seemed continuous.

8. Q. Can you identify those armed policemen who entered Cell#7 at 3:00 o’clock in the
early morning of February 14, 2016?
A. Yes Sir, If I see them again, I will be able to identify them.

9. Q. Here are 20 photographs of police officers in front of you. From these photographs will
you see if picture of the police officers who entered your cell is among them?
A. These are the photographs of the two police officers who entered Cell#7 on that early
morning of February 14, 2016, Sir. (witness choosing two photographs, that of SPO1 Rambo
Tan and PO3 Cher Rifer)

10. Q. It was 3:00 o’clock in the morning when these police officers entered your
detention cell. How then were you able to recognize them?
A. The lights in the hallway were on and it illuminated our cell so I was able to look at their
faces.

11. Q. Do you have anything more to say?

A. I have nothing more to say for now, Sir.

12. Q. Are you willing to sign your sworn statement?

A. Yes Sir.

End of Statement

(Signed)
MARCO BOLO
Affiant

SUBSCRIBED AND SWORN to before me this 15th day of February, 2016 in the
Municipality of Bungol, Bingue Province.

(Signed)
JELLY BEANS
Assistant Provincial Prosecutor

SWORN STATEMENT OF KUNG LEE UY DATED 15 FEBRUARY 2016 GIVEN TO NBI SPECIAL AGENT
ALLAN ELEFANTE AT THE NBI REGIONAL OFFICE, REGION VII, PROVINCE OF BINGUE
x-----------------------------------------------------------------------------------------------------------------x

1. Q. Please tell us your name, age and other personal circumstances that would identify
you?
A. I am Kung Lee Uy, 45 years old, married and a resident of Barangay 2, Bungol, Bingue
and presently detained at BJMP Bungol, Bingue Province, for Violation of Republic Act No. 9165.

2. Q. Why are you here at the investigation section of the NBI Regional Office, Bingue
Province?
A. I am here to give my statement about the incident at the BJMP Bungol, Bingue Province
that transpired on February 14, 2016 at around 3:00 o’clock in the morning leading to the death
of my two fellow inmates, Robbie Goma and Johnny Bagani.

3. Q. What happened on February 14, 2016 at around 3:00 o’clock in the morning at the
BJMP Bungol, Bingue Province?
A. On said date and time, I was awakened from my sleep inside cell #2 by the noise of
people entering the area of the detention cells. I could hear them shouting “dapa! dapa!” while
entering the area.

4. Q. You said you were inside Cell # 2. How many cells are there inside that area?
A. There are seven (7) cells.

5. Q. Are all the other cells occupied?

A. No Sir. Only Cells 1, 2, and 7 were occupied.

6. Q. You said you heard voices of people entering the area. Who were these persons if
you know?
A. I saw armed police officers entering the detention area and shouting at the inmates
saying “dapa! dapa!”

7. Q. How many armed police officers did you see enter the detention area?
A. There were four armed police officers, sir.

8. Q. What happened after these armed police officers entered the cell area?
A. Two of them went to cell#1, where Robbie Goma was, while the other two went to the
end of the corridor towards cell#7 where Johnny Bagani was.

9. Q. What happened then?

A. I heard Robbie Goma greet the two police officers saying “good morning!” followed by
him pleading with the officers saying “ayaw sir! ayaw sir!” thereafter sounds of gunshots were
heard.

10. Q. How many gunshots did you hear?

A. I cannot say but it sounded like several and continuous gunshots.

11. Q. What if any happened after you heard the gunshots?

A. The four armed police officers rushed out of the detention cell area and then the jail
guards came rushing in and I heard them say that Robbie Goma and Johnny Bagani were
already dead.

12. Q. Can you identify those armed police officers who entered the detention facility of
BJMP Bulong, Bingue Province?
A. Yes Sir, If I see them again, I will be able to identify them.

13. Q. You said that it was 3:00 o’clock in the early morning when these police officers
entered the detention area. How then were you able to identify them?
A. The lights on the hallway were on during that time Sir and I could see their faces.

14. Q. There are 20 photographs of police officers in front of you. From these
photographs, will you pick the photos of the armed police officers you saw enter the
detention cells on February 14, 2016 at around 3:00 o’clock in the morning.
A. These photographs sir. (witness choosing four photographs, that of SPO4 Coco Richards,
SPO1 Rambo Tan, PO4 Chico Tita and PO3 Cher Rifer)

15. Q. Do you have anything more to say?

A. For the moment I have nothing more to say, Sir.

16. Q. Are you willing to sign your statement?

A. Yes sir.

End of Statement

(Signed)
KUNG LEE UY
Affiant

SUBSCRIBED AND SWORN to before me this 15th day of February 2016 in the
Municipality of Bungol, Bingue Province.
(Signed)
JELLY BEANS
Assistant Provincial Prosecutor

Republic of the Philippines

National Police Commission
PHILIPPINE NATIONAL POLICE
Malingbaling Regional Crime Laboratory 7
Camp Sawi, Bingue, Philippines

MEDICO-LEGAL CASE No. M-RCLO 7- 185-2016B

REQUESTING PARTY/UNIT : NBI Malingbaling RO7

VICTIM : ROBBIE GOMA

NATURE OF CASE : Shooting Incident

DATE,TIME AND PLACE EXAMINED: 15 0800H February 2016/

St. Peter Chapels, Bongol,
Buingi

SUSPECTS : Allegedly Police Operatives

SUBJECT EXAMINED/ FACTS OF THE CASE:

Examined a male cadaver, 52 years of age, approximately 158.0 cm in head to heel length,
Filipino, Married, Roman Catholic, Detainee at the Bongol BJMP with last known address at
Brgy. 6, Bongol, Bingue. Deceased is a victim of a shooting incident that transpired during the
conduct of a police operation 003:00 AM of February 14, 2016 inside cell # 1 of the BJMP
Bongol, Bingue.

xxxxxxxxxxxxxxxxxxxxxxxNOTHING FOLLOWSxxxxxxxxxxxxxxxxxxxxx

POSTMORTEM FINDINGS:

Fairly-nourished, fully developed adult male cadaver, embalmed, with embalming incisions
noted on the right lateral neck area, left and right elbow region, periumbilical region, right side
of the hip, left and right knee region and the left and right foot. Postmortem lividity is noted on
the dependent portions of the body. There is a previous operation scar noted along the midline
of the abdomen.

HEAD AND NECK:

Lacerated wound, left temporal region, measuring 5.0 x 1.5 cm, 10.0 cm from the
midsaggital plane.

THORAX, ABDOMEN AND PELVIS

Gunshot wound, point of entry at the sternal region, measuring 0.8 x 0.6 cm, along the anterior
midline, 124.0 cm from the heel, edges inverted, with an infero-laterally located abrasion collar
on its right side measuring 0.2 cm, directed posteriorly, slightly upwards and leftwards,
perforating the thoracic part of the aorta, lacerating the upper lobe of the left lung, terminating
its tract at the left scapular region, where a deformed fired bullet was recovered, 125.0 cm
from the heel.

Gunshot wound, point of entry at the left hypochondriac region, measuring 0.9 x 0.7 cm, 7.0 cm
from inferolateral, 114.0 cm from the heel, edges inverted, with a laterally located abrasion
collar measuring 0.1 cm, directed anteriorly downwards and medially, lacerating the lower lobe
of the left lung, terminating its tract as it embeds the thoracic vertebra where a deformed fired
bullet was recovered thereat.

Gunshot wound, thru and thru, point of entry at the epigastric region, measuring 0.9 x 0.7 cm,
along the anterior midline,104.0 cm from the heel, edges inverted, with a laterally located
abrasion collar on its left side measuring .02 cm directed posteriorly upwards, leftwards,
perforating the stomach, lacerating the diaphragm, lacerating the lower lobe of the left lung,
point of exit at the left scapular region, measuring 1.5 x 0.8 cm, 6.0 cm of the anterior midline,
124.0 cm from the heel.

Gunshot wound, thru and thru, point of entry at the umbilical region, measuring 0.9 x 0.7 cm,
along the anterior midline, 98.0 cm from the heel, edges inverted, with an inferiorly located
abrasion collar measuring 0.1 cm, directed slightly upwards and rightwards, perforating loops of
small and large intestines, piercing the middle abdomen terminating its tract as it lacerates the
diaphragm where a deformed fired bullet was recovered embedded thereat.

On internal examination of the thoracic, abdominal and pelvic region, the following were
noted:

-The thoracic cavity contains approximately 1000 ml of blood clots.

-The peritoneal cavity contains approximately 1000 ml of blood clots.
-The left lung is collapsed.
-The stomach is empty

xxxxxxxxxxxxxxxxxxxxxxNOTHING FOLLOWS xxxxxxxxxxxxxxxxxxxxx

CONCLUSION

The cause of death is MULTIPLE GUNSHOT WOUNDS TO THE TRUNK.

REMARKS: A) Three (3) deformed fired bullets and the upper garment of the victim recovered,
properly marked, packed and labelled, then submitted to the Bingue Provincial Crime
Laboratory Office for turn-over to RCLO7-FAIS and Chemistry Section respectively, for
examination; B) in case of criminal litigation, please include Medico-Legal Case No., name of
victim and date of autopsy in the subpoena.

February 15, 2016.

EXAMINED BY:

(Signed)
CARMELO BUCKS LATTES, MD
Police Chief Inspector
Medico-Legal Officer

NOTED BY:

(Signed)
BRUCE LEE CHAN, DMD, PESE
Police Superintendent
Regional Chief

Republic of the Philippines

National Police Commission
PHILIPPINE NATIONAL POLICE
Malingbaling Regional Crime Laboratory 7
 Camp Sawi, Bingue, Philippines

MEDICO-LEGAL CASE No. M-RCLO 7- 184-2016B

REQUESTING PARTY/UNIT : NBI Malingbaling RO7

VICTIM : JOHNNY BAGANI

NATURE OF CASE : Shooting Incident

DATE,TIME AND PLACE EXAMINED: 14 1300H February 2016/

St. Peter Chapels, Bongol,
Buingi

SUSPECTS : Allegedly Police Operatives

SUBJECT EXAMINED/ FACTS OF THE CASE:

Examined a male cadaver, 42 years of age, approximately 152.0 cm in head to heel length,
Filipino, Married, Roman Catholic, Detainee at the Bongol BJMP with last known address at
Brgy. 2, Bongol, Bingue. Deceased is a victim of a shooting incident that transpired during the
conduct of a police operation 003:00 AM of February 14, 2016 inside cell # 7 of the BJMP
Bongol, Bingue.

xxxxxxxxxxxxxxxxxxxxxxxNOTHING FOLLOWSxxxxxxxxxxxxxxxxxxxxx

POSTMORTEM FINDINGS:

Fairly-nourished, fully developed adult male cadaver, embalmed, with embalming incisions
noted on the right lateral neck area, left and right shoulder area, periumbilical region, left and
right hips, and on the left and right knee region. Postmortem lividity is noted on the dependent
portions of the body.

HEAD, NECK AND TRUNK:

1. Hematoma, left periorbital region, measuring 5.0 x 1.5 cm, 4.0 cm from the anterior
midline.

2. Contusion, right cheek, measuring 3.0 x 1.0 cm, 6.0 cm from the anterior midline.

3. Gunshot wound, point of entry at the right scapular region, measuring 0.7 x 0.6 cm, 10.0
cm from the posterior midline, 126.0 cm from the heel, edges inverted, directed
anteriorly, upwards and from right to left, fracturing the occipital bone, lacerating the
cerebellum and cerebrum, terminating its tract as it embeds at the left cerebrum, where
a deformed fired bullet was recovered thereat.
 4. Gunshot wound, thru and thru, point of entry at the right subscapular area measuring
0.8 x 0.6 cm, 9.0 cm from the posterior midline, 103.0 cm from the heel, edges inverted,
directed anteriorly, upwards and medially, lacerating the right lobe of the liver,
lacerating the diaphragm, lacerating the middle lobe of the right lung, point of exit at
the sternal region, measuring 1,3 x 0.3 cm, along the anterior midline, 120.0 cm from
the heel.

5. Gunshot wound, thru and thru, point of entry at the posterior at the posterior lumbar
region, measuring 0.8 x 0.6 cm, 10.0 cm to the right of the posterior midline, 99.0 cm
from the heel, edges inverted, directed anteriorly and downwards lacerating the right
kidney, perforating loops of small and large intestines, point of exit at the umbilical
region, measuring 1.0 x 0.5 cm, 6.0 cm to the right of the anterior midline, 90.0 cm from
the heel.

6. Gunshot wound, thru and thru, point of entry at the posterior lumbar region, measuring
0.9 x 0.7 cm, 7.0 cm to the left of the posterior midline, 98.0 cm from the heel, edges
inverted, directed anteriorly, slightly upwards and medially, lacerating the left lobe of
the liver, point of exit at the left hypochondriac region, measuring 1.3 x 0.4 cm, 4.0 cm
from the anterior midline, 100.0 cm from the heel.

7. Gunshot wound, thru and thru, point of entry at the right pectoral region, measuring 1.5
x 0.5 cm, 12.0 cm from the anterior midline, 118.0 cm from the heel, edges inverted,
directed slightly posteriorly and downwards, piercing the skin and underlying soft
tissues and muscles point of exit at the right later thoracic area, measuring 2.5 x 0.5 cm,
17.0 cm from the anterior midline.
8. Gunshot wound, point of entry at the right lateral thoracic area, measuring 0.9 cm x 0.3
cm, 20.0 cm from the anterior midline, 109.0 cm from the hell, edges inverted, piercing
only the skin and underlying soft tissues and muscles.

On internal examination of the head and neck, the following were noted:

-There is a linear fracture of the left orbital plate.

-There are diffused subdural and subarachnoid hemorrhages on the cerebrum and cerebellum.

On internal examination of the thoracic and abdominal region, the following were noted:

-The thoracic cavity contains approximately 500 ml of blood clots.

-The peritoneal and retroperitoneal cavity contains approximately 1000 ml of blood clots.

xxxxxxxxxxxxxxxxxxxxxxNOTHING FOLLOWS xxxxxxxxxxxxxxxxxxxxx

CONCLUSION

The cause of death is MULTIPLE GUNSHOT WOUNDS TO THE TRUNK.

REMARKS: A) One (1) deformed fired bullet recovered, properly marked, packed and labelled,
then submitted to the Bingue Provincial Crime Laboratory Office for turn-over to RCLO7-FAIS for
examination; B) All noted injuries with stitches applied prior to examination; C) in case of
criminal litigation, please include Medico-Legal Case No., name of victim and date of autopsy in
the subpoena.

February 15, 2016

EXAMINED BY:

(Signed)
CARMELO BUCKS LATTES, MD
Police Chief Inspector
Medico-Legal Officer

Republic of the Philippines

REGIONAL TRIAL COURT
7th Judicial Region
Branch 1,
Province of Bingue

THE PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- CRIM. CASE NO. 12345

(NPS I.S. No. VII-02-INV-162-0019)
For : MURDER
SPO4 COCO RICHARDS,
SPO1 RAMBO TAN,
PO4 CHICO TITA,
PO3 CHER RIFER,
PO1 APPLE SYDER,
(ALL DETAINED)
 Accused.
x---------------------------------------------------------------------------------------------x

PRE-TRIAL BRIEF
FOR THE PROSECUTION

THE PROSECUTION, through the undersigned Team of Trial Prosecutors, and unto this
Honorable Court, most respectfully submits this Pre-Trial Brief, to wit:

I.
THEORY OF THE PROSECUTION

Robbie Goma is a high value target inmate of BJMP Bungol, Bingue Province. While he is
charged with the offense of violation of RA 9165, he is also a witness in other cases involving big
drug transactions. Johnny Bagani, on the other hand, is another detainee in the said jail. He is
also charged with violation of RA 9165 and likewise a high value target.

At around 3:00 o’clock in the morning of February 14, 2016, armed men in police
uniform carrying Search Warrants for Violation of RA 9165 and for Violation of RA 10591 for
Robbie Goma and Johnny Bagani entered the compound of the BJMP. They asked the jail
guards permission to enter the cells of Robbie Goma and Johnny Bagani, but were refused entry
because the jail warden was not around. The armed men, led by a person who introduced
himself as SPO4 Coco Richards, insisted to enter and implement the Search Warrants so they
proceeded to cut the padlock using a bolt cutter. They asked where the cells of Robbie Goma
and Johnny Bagani were but the jail guards refused to tell them so they immediately disarmed
the jail guards and made them lie on the ground.

Some of the men then proceeded to enter the inner gate leading to the detention cells
and passed by the other inmates, while the others were left to stand guard. Few minutes after,
voices were heard shouting “dapa! dapa!” followed by another voice uttering the words “ayaw
sir! ayaw sir!”. Thereafter, sounds of gunshots followed.

The armed men then came rushing out and informed the jail guards that inmates Robbie
Goma and Johnny Bagani fired at them forcing them to retaliate resulting in their respective
deaths. They likewise informed the jail guards that they recovered several sachets of “shabu”
and a .40 caliber pistol inside the cell of Johnny Bagani while a .45 caliber firearm was also
recovered from the cell of Robbie Goma. The jail guards got up from the floor and went to the
cells of Robbie Goma and Johnny Bagani. They saw the dead bodies of the two sprawled in their
respective cells. The armed men then left the premises, but after a while one of them returned
and removed the hard drive of the CCTV. A few minutes later, the SOCO arrived.

II.
PROPOSED STIPULATION OF FACTS

The PROSECUTION offers for stipulation and/or admission the following facts, to wit:
1. The identity of the accused.
2. Jurisdiction of the court over the case and the persons of the accused.
3. Personal circumstances of the accused (such as the nature of their occupation as law
enforces or operatives).
4. Personal circumstances of the deceased victims (charges/criminal records).
5. Date, time and place of the subject incident.
6. Presence of the accused at the crime scene.
7. The fact that the accused were many and armed at the time of the incident.
8. Presence of the prosecution witnesses (JO2 Rogelio Dela Rosa y Cruz, JO1 Enrico
Mambo, Kung Lee Uy and Marco Bolo ) near the crime scene.
9. The fact that accused were refused admission because the Jail Warden was not around.
10. Entry of the accused into the was attended by force and violence.
11. The specific cell assignments or location of the victim.
12. The specific cell assignments of prosecution witnesses (Robbie Goma at Cell No. 1 and
Johnny Bagani at Cell No. 7).
13. Existence of the CCTV system inside the jail which was removed by the police elements.
14. Existence and due execution of the post-mortem autopsy/trauma sheet.
15. Injuries sustained by the deceased victims as shown in the post-mortem autopsy result
and/or Death Certificate.
16. Cause of death of victims.
17. Expertise of medico-legal officer who issued the post-mortem autopsy report.
18. Existence and due execution of the investigation result.
19. Existence and due execution of the inventory of the items collected.
20. The fact that accused were able to fire their guns during the incident.
21. Elicit admission that the accused fired their guns at the victims.
22. Amounts of civil indemnity for both victims.

III.
ISSUES

1. Whether or not all the elements of the crime of murder are present in this case.
2. Whether or not the accused acted in conspiracy with another.
3. Whether accused are civilly liable for damages for the death of the victims.

IV.
LIST OF EXHIBITS

1. Exh A - Sworn Statement of JO2 Rogelio Dela Rosa y Cruz

2. Exh B - Sworn Statement of JO1 Enrico Mambo
3. Exh C - Sworn Statement of Kung Lee Uy
4. Exh D - Sworn Statement of Marco Bolo
5. Exh E - Inventory of Evidence Collected
6. Exh F - Post mortem autopsy report

For reservation:

7. Death Certificates
 8. Investigation Report
9. Result of SOCO’s laboratory examination and/or ballistics examination
10. Brief outline of complaint/blotter report

V.
LIST OF WITNESSES

1. JO2 Rogelio Dela Rosa y Cruz

2. JO1 Enrico Mambo
3. Kung Lee Uy
4. Marco Bolo
5. Medico-legal (SOCO)
6. Ballistic examiner (SOCO)

VI.
RESERVATION

The PROSECUTION expressly reserves its right to present additional documentary and/or
object evidence during the course of the trial, particularly documents proving civil
damages/liability, and to present additional witnesses whose names are not available as of this
time.

VII.
PLEA BARGAINING

The PROSECUTION is open to plea bargain in accordance with the Rules and DOJ Circular
governing the same.

VIII.
TRIAL DATES

The PROSECUTION needs at least 6 trial dates, which may be set by the Honorable court
at its convenient calendar date, applying the one-day, one-witness rule.

Respectfully submitted.

Based on the following facts, draft the following:

1. Information
2. Judicial affidavit of the accused and at least two(2) witnesses
3. Resolution
4. Motion for Reinvestigation
5. Motion to quash search warrant and motion to suppress evidence
6. Motion for postponement
7. Motion to suspend arraignment
8. Trial Memorandum (Complainant)
9. Trial Memorandum (Accused)
10. Decision