REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 123 - MANILA

PEOPLE OF THE PHILIPPINES

Complainant,

- versus -
I.S. NO.1234567890
FOR: Violation of R.A 10591
COMPREHENSIVE FIREARMS AND AMMUNITIONS
REGULATION ACT
NOEL CRUZ,
Defendant.
x-------------------------------x

JUDICIAL AFFIDAVIT

Witness for the Respondent: NOEL CRUZ

Lawyer who examined the witness: ATTY. DAVID A. ESCUETA
Date and Time: February 22, 2018
Venue ACDEMM (Arenas Consing Dadivas
Escueta Magsanay Marquez) Law
Offices, Bonifacio Global City, Taguig
City, Metro Manila

PURPOSE OF THE TESTIMONY

This Judicial Affidavit of defendant NOEL CRUZ is being offered to prove that:
1. The defendant did not commit the act complained of, namely, ILLEGAL
POSSESSSION OF A FIREARM;
2. The elements of illegal possession are not present;
3. There is no reasonable ground to believe that the defendant has
committed, is committing, or is attempting to commit a crime at the time
of the warrantless arrest; and
4. Other related matters.

DIRECT EXAMINATION
Q1: What is your name, age, citizenship, residency, and occupation?
A1: I am NOEL REYES, 51 years of age, a Filpino citizen, a resident of Alveo
Street, Alfonso, Cavite. I work as a computer consultant.

Q2: Where were you in the morning of December 10, 2017?

A2: I was in front of Malabon Panciteria at UN Ave., Manila.

Q3: What were you doing in front of Malabon Panciteria at UN Ave., Manila?
A3: I was waiting for my friend, MARIO GUZMAN.

Q4: Why were you waiting for MARIO GUZMAN?

A4: I was supposed to meet him because he was supposed to place me in a
company that needed a computer consultant.

Q5: What were you wearing on the day that they arrested you?
A5: I was wearing a white polo shirt that was tucked inside my pants. I was
holding a white envelope. I had in my pockets a wallet and a phone. That is
all.

Q6: What else happened that morning of December 10, 2017?

A6: At around 9 AM, while standing outside Malabon Panciteria, I saw a man
point at me and heard him exclaim, “Siya! Siya ang may baril!” Shortly
thereafter uniformed police officers approached me and informed that I
was under arrest for illegal possession of a firearm.

Q7: What were you doing while you were waiting?

A7: I was merely standing in front of the Malabon Panciteria waiting for my
friend Mario Guzman.

Q8: Can you think of any reason why the police officers suddenly arrested you
that day?
A8: No. I was just minding my own business. I was not violating any law, and
I was being respectful to everyone.

Q9: What happened next after you were arrested?

A9: The officers brought me with them in their police car, and we went to
Camp Crame.

Q10: What happened when they brought you to Camp Crame?

A10: I was brought in and they took my all fingerprints as well as my ID. They
also made me state my personal circumstances, such as my name, address,
 citizenship, occupation, and civil status. Then, they brought me inside a
small room.

Q11: What happened in that small room?

A11: They interrogated me. They questioned my identity and my motives. They
asked me why I was really there at Malabon Panciteria. I kept on
repeating that I was just there to meet my friend MARIO who was going to
place me in a company. They then brought out a gun, a .38 cal. Revolver,
which they claimed was the illegal firearm that I possessed.

Q12: And then what happened next?

A12: I told them that the gun wasn’t mine. I’ve never even held a gun before,
much less own one.

Q13: Were you made to hold the gun?

A13: No. I never even touched it.

Q14: What happened next?

A14: After I continuously denied that the gun was mine, they then asked me if I
was connected to the CPP-NPA. I said “no, I had nothing to do with that
group.” Yet, they insisted that I was connected to the CPP-NPA, even going
so far as saying that I was an active member of the NPA.

Q15: What happened next?

A15: I kept on denying that I was a part of the NPA. Then, one of the
interrogating officers punched me in the chest.

Q16: How long were you kept in the detention cell?

A16: 7 days, sir.

Q17: Did they release you after that stated period?

A17: Yes.

Q18: Do you know the names of the police officers and the informant who
arrested you?
A18: PFC Vivero and Corporal Lazo.

Q19: Going back to the gun, is there anything unusual that you noticed about
the gun?
A19: Not really.
Q20: Did you notice if the serial number of the gun was intact or not?
A20: No.

Q21: Will you be able to recognize or describe the John Doe informant?
A21: Yes. In fact, I remember him as 5’10 in height, short hair, with a big nose.

Q22: Was there an arrest warrant that was served upon you?
A22: No, there was no arrest warrant that was presented to me.

Q23: Did PFC Vivero and Corporal Lazo state that they were arresting you using
a stop and frisk, and did they conduct a stop and frisk?
A23: No, they did not conduct a stop and frisk on my body. They did not inform
me that they were suspecting me of possessing a firearm. Their informant
merely shouted “sha yung may baril”.

Q24: Was there any inquest proceeding conducted afterwards to determine if

you were validly arrested without a warrant of arrest?
A24: No. I was never part of any inquest proceeding, but later on I was made
aware that a prosecutor conducted one without my presence. The copies of
the minutes of the inquest proceeding and the name of the prosecutor is at
my house.

Q24: Have you ever been charged or convicted of any crime or offense?
A24: No, sir. I am only a simple family man, who works very hard to provide for
my family.

Q25: Is there anything else what you would like to add to this?
A25: Yes, after I repeatedly told them that I was not a member of the CPP-NPA
they told me that, everything will be fixed, and I will be let go if I paid
them 30,000 PHP

--------- END OF STATEMENT -------

IN WITNESS WHEREOF, I hereunto set my hand below this _______
day of ______, 2018 at ________________________.

NOEL CRUZ
Affiant
SUBSCRIBED AND SWORN to before me this February 22, 2018 in Cavite
City, Philippines the following affiant exhibiting to me his Passport No. 123456
issued at DFA Manila being sufficient and competent evidence of her identity in
pursuant to the 2004 Rules of Notarial Practice.

Doc. No.___________; Atty. Kristine Magsanay

Page No.___________; NOTARY PUBLIC for Cavite
Book No.__________; Commission Serial No.______
Series of 2016. Until December 31, 2018
Roll of Attorney_______
IBP No.________
PTR No._______

ATTESTATION

The undersigned ATTY. DAVID ANTONIO ESCUETA, of legal age,

single, Filipino, with law office address ACDEMM (Arenas Consing Dadivas
Escueta Magsanay Marquez) Law Offices, Bonifacio Global City, Taguig City,
Metro Manila, under oath, deposes and states that :

1. I personally conducted the examination of NOEL CRUZ at the

aforementioned office address;

2. I have faithfully recorded or caused to be recorded the questions I asked

and the corresponding answer that the witness gave; and

3. I nor any other person then present or assisting him coached the witness
regarding her answers.

IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of

February 2018 at Navotas City, Philippines.

Atty. David Antonio Escueta

Counsel for the Defendant

SUBSCRIBED AND SWORN TO before me this February 22, 2018 in Navotas

City, Philippines the following affiant exhibiting to me his Passport No. 123456
issued at DFA Manila being sufficient and competent evidence of her identity in
pursuant to the 2004 Rules of Notarial Practice.

Doc. No.___________; Atty. Kristine Magsanay

Page No.___________; NOTARY PUBLIC for Cavite
Book No.__________; Commission Serial No.______
Series of 2016. Until December 31, 2016
Roll of Attorney_______
IBP No.________
PTR No._______

Q: Good day Mr. Witness. My name is blablabla, prosecution lawyer. I am going to ask you
questions, is that okay?

Q: In the morning of December 10, 2017, you are looking for a job, correct?

Q: Is it accurate to say that you are jobless when the police arrested you?

Q: You were in front of Malabon Panciteria when the police arrested you right?

Q: Is it accurate to say that UN Avenue is a busy place?

Q: The informant and the arresting officers were across the street when you allegedly heard the
former pointing at you?

Q: The arresting officers did not inform you that were were suspecting you for illegal possession
of firearms when they arrested you, correct?

Q: The informant merely shouted “siya yung may baril” correct?

Q: Are you confirming and not denying that you stated in Q6 of your JUDAF that “uniformed
police officers approached me and informed that I was under arrest for illegal possession of a
firearm”

Q: You remember being questioned at Camp Crame, correct?

Q: Your fingerprints and personal circumstances were recorded before questioning, correct?

Q: A public prosecutor was present at Camp Crame right?

Q: Isn’t it correct that the public prosecutor, together with police officers at Camp Crame,
propounded questions?

Q: You have never personally seen a gun correct?

Q: You have never held a gun either correct?

Q: Then is it fair to say that a gun’s  serial number is not easy to locate if you have never held nor
seen one before?

Q: Mario, your friend, is a mere employee correct?

Q: He does not work in the HR department right?

Q: He has no hand in placing employees, wasn’t he?