September 9, 2019

Clerk: Criminal Case No. 001. People of the Philippines vs. PO1 Nick Polutan and PO2
Pat Tinio for Murder punishable under Art. 248 of the Revised Penal Code.

Judge Vasquez: Appearances?

Defense: Atty. Orteza and Atty. Berdin presenting for the accused, Your Honor.

Prosecutor: Prosecutor Cosare appearing for the People, Your Honor.

Judge Vasquez: Ready?

Prosecutor & Defense: Yes, Your Honor.

Defense: Your honor we would like to present our newly discovered witness

Judge Vasquez: Who will be your witness?

Defense: Mr Felix Ambrosio, he will testify as to the events that led to the death of the
victim of this case.

Judge Vasquez: Was he included in the Pre-trial order?

Defense: No, your honor. He has only since become available.

Judge Vasquez: Any comment from the prosecution?

Prosecutor: None

Judge Vasquez: Present your witness

Defense: Your Honor we would like to present our first witness, the accused PO2 Pat
Tinio.

Judge Vasquez: Can you swear in the witness?

[ swearing of the witness ]

Clerk of Court: The witness is ready, your Honor.

Defense: Your Honor, we would like the present the testimony of the accused in order to
establish that all the elements of Self-Defense is present and that she was acting in the
lawful exercise of her functions.

Judge Vasquez: Is that all?

Defense: Yes your honor.

Judge Vasquez: Comment or opposition to the formal offer of the oral testimony?

Prosecution: No objection your honor.

Judge Vasquez: Kindly proceed, Atty Orteza.

Q: Please state your name, occupation, and the functions of your office

A: I am P02 Patty Tinio, 29 years old, and I am working as a police officer currently
destined at the Makati Police District. Our job is to enforce the law in accordance with
the Mission orders and based from the orders of our superior Police Inspector
Barumbado. One specific task n line with the Anti Drug Campaign is that we personally
appear at the doorstep of different houses and serve warrants of arrest and we bring
people under the drugwatch list in custody

Judge Vasquez: comments or opposition from the prosecution?

Prosecutor: None your honor

Judge Vasquez: There being none, proceed.

Q: How long have you been working in the Makati Police District?

A: I have been working there for 10 years.

Q: Do you know a certain Nick Polutan?

A: Yes

Q: How do you know him?

A: He is a co-police officer in my workplace, the Makati Police District

Q: How long have you known him?

A: I’ve known him for 4 years.

Q: Who is your commanding officer?

A: Police Inspector Barumbado

Q: What is the last order your commanding officer gave you prior to your detention?

A: To proceed to Pook 5, Barangay Poblacion Makati to apprehend those tabbed under

the Drugwatch List

Q: I am showing you a document, may you confirm if this is the Mission order that you
are referring to?

Clerk: For the record your honor, the counsel for the defense is handing a document to
the Witness

A: Yes, this is the Mission Order

Q: Can you tell us what happened on the night of july 8, 2019 during the execution of
the mission order?

A: We went to the house of Joshua De Gracia being that he is part of the drug watchlist

Q: Is this the same drug watchlist you are referring to?

A: Yes

Defense: Let the records reflect that the witness is referring to the document marked as
exhibit B

Q: May you tell us what else happened that night?

A: We went to 19th Jupiter Street and arrested Joshua De Gracia based from the
mission order and the warrant of arrest

Q: How were you able to ascertain that the person apprehended was Joshua De Gracia
in the first place?

A: I recognized him because he was previously detained in the station where I was
designated last month because of a physical altercation involving him and another
person which broke out of a basketball game. His name precedes him as his identity is
well known in the place being that he has long been tagged under the drug watch list.

Q: How would you describe Joshua?

A: He is not a typical teenager as he packs a muscular physique with a heigh of more or

less 6 feet
Q: Can you tell us the demeanor of the victim while he was being apprehended?

A: Upon his arrest, he was uttering words and the most prominent of which were curses
hurled against us.

Q: Do you remember what exactly were these curses that he said?

A: The typical curses (P.I.) said in the vernacular and he uttered “patayin ko kayo
diyan!”. He appeared like he was really restless.

Prosecutor: Objection, your honor. The witness is unfit to testify as to the state of mind
of the victim.

Judge Vasquez: Defense, what can you say?

Defense: The witness is referring to the events in accordance to her perspective upon
the time of the arrest of Joshua.

Judge Vasquez: So the witness is referring to the manifest circumstances of his

behavior at the time of his arrest, not his state of mind?

Defense: yes, with respect to how Joshua was behaving at the time of the arrest.

Judge Vasquez: Understood, just limit it to the description on how you described Joshua
at the time of the apprehension.

Q: May you proceed with your statement?

A: While we were walking, Nick Polutan had to momentarily stop because he purchased
something from the nearby store. When we resumed our walking, Joshua lept towards
me and kicked me.

Q: What happened next?

A: He tried to grab my gun after he attacked me which led to a struggle.

Q: Did the victim have any weapon with him during the said attack?

A: Yes, after the incident he picked up a hollow-block and he hit me with the same in my
cheek

Q: And then what else happened?

A: He pulled my hair and overpowered me, all the while we were struggling because he
was still trying to grab my gun.
Q: Miss witness, I am showing you a gun. Can you please tell us if this is the same gun
that you are referring to?

A: Yes, that is the gun.

Defense: Let the record show that the witness identified the gun and the same was
marked as Exhibit 4, the gun allegedly Joshua tried to take from her.

Q: What happened after he pulled your hair?

A: Before I fell, I accidentally tapped the gun’s trigger which hit Joshua in the leg.

Q: What happened after Joshua was hit in the thigh?

A: I fell on the ground.

Q: Where was Nick Polutan at that time?

A: He was around 6 to 7 meters behind, because he was buying from the store.

Q: After that incident what happened next?

A: He was cursing at me and he was saying that he wanted to kill me. He was reaching
for the gun on the ground as it slipped my hand before I fell.

Q: Was he able to pick up the gun?

A: Yes he did.

Q: What did he do with the gun?

A: he aimed at me?

Q: What happened after?

A: Nick Polutan responded after the previous gun shot.

Q: What did Nick do when he arrived at the scene?

A: He fired a warning shot asking Joshua to drop the gun.

Q: After the warning shot what happened?

A: The events happened so quickly. I know Joshua was going to shoot me. Being that
Joshua was insistent and was in rage, intending to shoot me, Nick shot Joshua to stop
him.
Q: Where did Nick Polutan hit Joshua?

A: At Joshua’s shoulder.

Q: What happened after?

A: He tried to shoot back and pulled the trigger which resulted in an exchange of fire
between them.

Q: Did Nick sustain injuries in the crossfire?

A: None suffered.

Q: Was the victim further injured?

A: At the back near the head, this was because he turned around and tried to evade the
line of fire turning his back. Since he was previously shot, he couldn’t move too far and
too quickly. Since he was also about to fall because of the wounds and tried to make a
turn, he was shot in the back near the head as he fell on the ground.

Q: What happened after?

A: He fell on the ground and he died.

Q: What happened after he fell?

A: He was bleeding profusely.

Q: What did you do after the victim already fell to the floor?

A: We phoned in a medic to bring him to the hospital

Defense: No further questions your honor

Judge Vasquez: Thank you. Cross examination?

Prosecutor: May I proceed your honor?

Judge Vasquez: Please proceed

CROSS EXAMINATION

Q: Miss witness, you have mentioned that you’ve been working as a police officer with a
rank of p02 for 10 years?
A: Yes

Q: as a police officer, is it correct to say that you were properly trained as such?

A: Yes, in accordance with the standard operating procedures.

Q: Were you trained to handle hostile situations such as your encounter with Joshua?

A: Yes.

Q: You mentioned earlier that accidentally you pulled the trigger at Joshua, is this
correct?

A: Yes

Q: That is when Nick Polutan came, is that correct?

A: Yes, because he heard the gunshot.

Q: Earlier you also mentioned that when the encounter arose, Joshua is already
sustaining a gunshot wound in the thigh?

A: Yes, the bullet grazed his thigh.

Q: You mentioned that when you hit Joshua and when Nick arrived, what was the state
of Joshua?

A: Since he sustained a bullet wound which grazed his thigh, he was still strong and he
was still able to pick up the gun.

Q: You also said that Nick fired a warning shot and asked Joshua to drop the gun, did
he drop the gun?

A: No, he did not comply.

Q: Earlier you also mentioned what you had in Poblacion was a drug watchlist?

A: Yes

Q: Was there a warrant of arrest with respect to Joshua when you conducted the
mission order?

A: Yes, there was a warrant.

Prosecutor: Your honor, we were not presented with any warrant of arrest which could
show that Joshua was indeed arrested under the power of a warrant
Q: you earlier mentioned as well that you were trained as a police officer and that you
have s.o.p.’s during these hostile incidents. The incident involving you, nick, and joshua,
would Joshua’s actions qualify as unlawful aggression?

A: Yes.

Defense: Objection your honor, the witness is not equipped to answer matters involving
the law.

Prosecution: Your Honor, the witness stated that she is a trained police officer. Part of
the training module is criminal law which is taught to all police officers.

Judge Vasquez: The witness may answer the question.

Q: You also mentioned that when Nick Polutan fired at Joshua, the latter fell on the
ground. Is that correct?

A: No, what I said that Joshua looked as if he was about to fall when he was shot.

Q: Was there an instance where you could have just placed Joshua under arrest by
putting him in handcuffs?

A: He was wearing handcuffs

Q: Would you know who placed him in handcuffs?

A: I did.

Prosecutor: No further questions your honor.

RECROSS

Q: When Nick arrived, Joshua was already suffering a gunshot wound in his thigh. Is
that correct?

A: Yes.

Q: When Joshua was shot, did he drop the gun?

A: No.

Q: During the whole encounter, to whom was the gun pointed at?

A: To me. From the way he gripped his gun, it is apparent that he was intending to shoot
me.
Q: How are you certain that Nick was intending to fire the gun?

A: My training and experience tells us that this grip would mean that he was intending to
fire at us.

Q: Can you please tell us your weight?

A: 46.5 kilos

Q: what is your height?

A: 5’2’’

Q: can you inform us the type of training you received in the police academy?

A: We were taught how to prepare ourselves with respect to how the hostile person is
holding a gun.

Q: Would you say that you were also trained in endurance?

A: Yes.

Q: Do you lift weights?

A: Yes, because once a week we would have a physical test - jogging, exercise.

Q: How heavy are the things you lift for exercising?

A: It is in accordance with my weight. It should not be more than 2 kilos if lifted by one
hand.

Q: Can you describe Joshua?

A: For a teenager, he has a strong, muscular built. The height is 5’11’’ to 6 feet or so.

Q: Can you compare Joshua’s built to Nick?

A: Joshua is more muscular, taller, and bigger than Nick Polutan.

Defense: I would like to quote on record that the witness weighs 46.5 Kilos with a 5’2’’ in
height. And that the victim is around 215 lbs and around 5’11’’
No further questions your honor.

[RECESS]
Judge Vasquez: Appearances?

Defense: Same appearance your honor.

Prosecutor: Same appearance your honor.

Judge Vasquez: Proceed with the Re-Cross Examination Prosecution.

RECROSS

Q: Miss witness you mentioned earlier that you were conducting a police operation on the night
of July 8, 2019.

A: Yes.

Q: May I ask, how many police officers were accompanying you?

A: We were many. But we parted ways because only Nick and I were the ones assigned to pick
up Joshua.

Q: You told us you handcuffed the prisoner when he was apprehended. Is this correct?

A: Yes.

Q: where did you put the handcuffs? Was he handcuffed at the front or back side?

A: he was handcuffed at the front side.

Q: You also mentioned you knew him before because of an altercation, correct?

A: yes.

Q: Did you happen to know that the victim is a minor?

A: Yes, I am aware.

Q: You were asked if you were trained in accordance with the SOP and you said yes. Is it not part
of the SOP to arrest a person and be accompanied by your partner in this event?

A: Yes, I was with Nick.

Q: You mentioned earlier that Nick had to buy something from the Store. Couldn’t you wait for
Nick before you transport Joshua to the police station given that there is an obvious size
difference between you and Joshua.

A: We were in a straight alley where the line of sight was clear from where Nick was standing, so
I proceeded to transport Joshua and that fellow police officers were nearby.

Prosecution: No further questions

DIRECT

Judge Vasquez: Can you swear in the witness?

[ swearing of the witness ]

Clerk of Court: Nick Polutan, PO1. The witness is ready, your Honor.

Q: What is your name?

A: Nick Polutan.

Q: How old are you?

A: 27 Years Old, ma’am.

Q: How long have you been in the service?

A: Around 8 years.

Q: What is your rank in the service?

A: P01

Q: How long have you known Pat Tinio?

A: Around 4 years.

Q: How long have you actually worked with her?

A: around 4 years too.

Q: Do you know a certain Joshua De Gracia?

A: Yes.

Q: Can you tell us who Joshua is?

A: He was part of the drug watch list and we apprehended him in his house in Jupiter
street.

Q: Why were you there?

A: We were following the mission order and the commanding officer, Sir Barumbado

Q: Who opened the door when you arrived?

A: Joshua De Gracia’s mother.

Q: Where was Joshua at that time?

A: he was inside the house

Q: When you got inside the house, what was the first thing that came into your mind
when you saw Joshua?

A: He was muscular and big.

Q: Can you explain Joshua De Gracia’s demeanor towards you when you arrived?

A; He was aggressive as he had a very loud voice. And he was saying a lot of things.

Q: Can you describe Joshua’s eyes when he was arrested?

A: It was red, and he looked restless.

Q: Can you state how you arrested him?

A: When we went inside. His uncle Ben, who was also there, is part of the drugs list. He
went out and jumped out of the window to escape. Joshua remained in the house. After
that we escorted Joshua out of the house and we opted to escort Joshua to the
precinct.

Q: Pat Tinio stated that you weren’t there when the altercation happened between
Joshua?

A: Yes, I bought something from the store

Q: When you were at the store, did you hear anything?

A: I ran back at my partner.

Q: What did you see when you returned at the scene?

A: I saw Joshua holding a gun

Q: What did you do after?

A: I fired a warning shot and asked him to put down his weapon.

Q: And then what else happened?

A: I was convincing him to put down his gun, but his voice was still loud and insisted in
holding the gun.

Q: Why did you shoot him?

A: To disarm him. But he did not let go of the gun. He was about to turn around to aim
the gun at me.

Q: What did you do after that?

A: Because he looked like he was about to shoot me, I shot him at the head.

Q: What happened after you shot Joshua?

A: He returned fire.

Q: Why did you shoot the victim twice?

A: He looked like he was certain on intending to shoot anyone. True enough, he shot
me.

Defense: I have no further questions your honor.

CROSS EXAMINATION

Q: Mr Witness you said earlier that you are part of the police operation conducted at the
night of July 8, 2019. Joshua was part of the casualty of that operation. You said Joshua
had a muscular built?

A: Yes.

Q: You also said after his arrest, you stopped by a store to buy some refreshments. Is
that correct?

A: yes

Q: Did you tell her to wait for you for the mean time?

A: Yes, I told her to stay put

Q: You mentioned earlier that Joshua had a muscular built, but you still decided to
purchase from the store. Is it not that negligence on your part?
A: Pat and Joshua was in my line of sight, and Joshua was not holding any weapon. So
I felt it was alright.

Q: Were you equipped with a warrant of arrest at that time?

A: In accordance to the mission order, these people already had standing warrants of
arrest.

Q: Can you describe the process in the issuance of a mission order?

A: It was given to us by the team leaders and are distributed only prior to the mission.

Q: To whom does the mission order come from?

A: From Officer Barumbado

Q: What happens if you don’t follow that mission order?

A: We can be charged administratively for not following such order.

Q: What would your specific liability be?

A: I may be suspended or terminated from the service.

Defense: No further questions your honor

RECROSS

Prosecutor: No further questions your honor.

Judge Vasquez: The witness is therefore excused.

EXPERT WITNESS

Judge Vasquez: May the witness be sworn?

[ swearing of the witness ]

Clerk of Court: Loisa Guan, 32 Years Old, Forensic Analyst. The witness is ready, your
Honor.

Defense: We would like to offer the testimony of the witness to prove that the gun was
really in the possession of Joshua De Gracia at the time of his death and for the due
execution of the forensic report.
Judge Vasquez: Any comment?

Q: Please State your name and occupation?

A: I am Loisa Guan and a forensic expert in Makati Crime Laboratory

Q: How long have you been in the profession?

A: I have been here for more than 6 years.

Q: What is the function of your office?

A: We are responsible and authorized to analyze, identify, and collect physical evidence
in relation to the crime committed

Q: Have you ever been presented as an expert witness in court?

A: Yes

Q: How many times have you been presented as an expert witness?

A: In my service of 6 years, I have been presented as an expert witness a number of

times

Q: Where did you take your forensic medicine degree?

A: I took my Forensic Medicine Degree in Baguio University.

Q: I am going to show you a document and may you confirm if this is your diploma?

A: Yes, that is my diploma.

Defense: let the record show that the document herein was identified by the witness as
her diploma and be marked as exhibit 5.

Q: Where is your principal office as an analyst?

A: Here in Makati

Q: Do you have any identification to prove such designation?

A: Yes.

Q: I am going to show you a document, may you tell us if this is the identification you
are pertaining to?
A: Yes.

Defense: Let the record show that the herein witness stated that the document shown to
her is one bearing her identification card used in her office and that the same be marked
as exhibit 6

Q: Miss Witness, what does the Makati Forensic laboratory have to do in relation to the
Makati Police District?

A: We are tasked to analyze pieces of evidence found in the crime scene

Q: For the purpose of your appearance, did you request for any certification regarding
your position as a forensic expert?

A: Yes.

Q: Is this the same certification you are referring to?

A: Yes

Defense: Let the record show that the witness identified that the certification show is the
certification she was pertaining to and that the same be marked as exhibit 7.

Q: Where were you at the night of July 8, 2019?

A: I was in the Makati Forensic Laboratory in our office. We were called during the night
of January 8 to go to Poblacion to collect pieces of evidence that may be found in the
crime scene

Q: when you arrived in the crime scene, what did you find?

A: A gun.

Q: Can you describe the gun for us miss witness?

A: It’s a .45 gun, colt.

Q: I am going to show you a gun. Can you please tell us if this is the same gun you are
referring to at the crime scene?

A: Yes

Defense: Let the record show that the witness identified that this is the same gun she
was referring to and was previously marked as exhibit 4 taken by the Forensic
Laboratory
Q: So the gun was given to you at that night?

A: Yes

Q: when did you conduct the examination on the gun?

A: After we collected the pieces of evidence, we immediately went to the laboratory and
examined the same

Q: this is for what purpose

A: this is for the purpose of investigating the pieces of evidence collected from the crime
scene

Q: What did the investigation yield?

A: There were two fingerprints, one was as the fingerprint of Police Pat Tinio and the
other one was identified as Joshua De Gracia’s.

Q: I am going to show you a document, can you tell us what this is?

A: It is the fingerprint examination.

Q: Whose signature appears at the bottom of the document?

A: it is my signature

Defense: The document previously marked as exhibit 3 was identified by the witness as
the same certification that she signed and that the same document was the one which
stated that Joshua indeed had his fingerprints on the gun.

Judge Vasquez: As an interjection, may we first ask the prosecution if they are satisfied
that the witness is indeed an expert witness?

Prosecution: Your honor we are not satisfied that the witness is an expert witness.

Judge Vasquez: Do you still have other documents to prove to show that the witness is
an expert witness?

Defense: We just brought the identification card of the witness and her diploma your
honor and the certification she sought from her office.

Judge Vasquez: Would you wish to reset the hearing to further establish the expertise
and qualification of your witness?

Defense: Yes, your honor.

Judge Vasquez: Atty Orteza is requested to further provide matters which could help
further establish the qualifications of the witness herein.