Republic of the Philippines

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE CAPITAL REGION OFFICE
QUEZON CITY POLICE DISTRICT
Camp P/MGen Tomas B Karingal, Sikatuna Village Quezon City
Diliman, Quezon City 1104

ATTY. PATRICK A. CARONAN,

Complainant,

- versus - OMB-P-C-14-0081
OMB-P-A-14-0095
COL. JOSELITO M. REYES, ET AL.,
Respondents.

x ================================ x

POSITION PAPER

RESPONDENTS PSI Rommel G. Macatlang, SPO2 Fernando

Esguerra, PO3 Ringo Medalla, PO3 Maximo Seda, PO3 Sheila
Famuleras,andRussel P. Fernandez, most respectfully submit their
Position Paper as follows :

THE CHARGE

Complainant “Atty. Patrick A. Caronan” whose true name is

RICHARD A. CARONAN, charged herein respondents with Violation of
the following provisions of law :

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 THE FACTUAL ANTECEDENTS

1. On August 31, 2012 at about 11:00 o’clock in the evening, elements

of the NCRCIDU-CIDG implemented Search Warrant No. 133-2
issued by the Hon. Cesar A. Mangrobang, then Presiding Judge of
Branch 22, RTC, Imus, Cavite, Cavite against Atty. Patrick A.
Caronan a.k.a. Richard A. Caronan for Violation of PD 1866 as
amended by Rep. Act 8294. The place to be searched was the
premises located at No. 40 Valley View Ave. cor. Mississippi St.,
Valley View Royale Subd., Taytay, Rizal, as indicated in the sketch
attached to the Search Warrant.

A copy of Search Warrant No. 133-12 issued on August 28,

2012 is hereto attached as ANNEX “1”.

2. Before herein respondents proceeded to the place to be searched, they

made the proper coordination with Police Provincial Office of Rizal
located at Hilltop, Taytay, Rizal.

A copy of theCoordination Form dated August 31, 2012 is

hereto attached as ANNEX “2”.

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3. When they arrived at the place, they found in the vicinity people
securing the premises and serving as bodyguards of Atty. Caronan. As
they approached, these armed personalities tried to resist and
scampered inside the house. Fortunately, herein respondents were able
to subdue and arrest them while the latter werein possession of their
respective firearms and ammunitions as follows :

a. Richard Teves y Motus, aka Boy, (DOB: March 17, 1975),

37 years old, married, real estate broker, native of Bicutan,
Taguig and a resident of Block 42 Lot 1 Brgy. Sto Nino 2
Dasmariñas, Cavite.Recovered from him by respondent PO3
Medalla was one (1) pc DAEWOO caliber 9mm pistol with
Serial No. BA703167 loaded with one (1) pc magazine and
fourteen (14) rounds live ammunition of caliber 9mm;

b. Ruel Simbajon y Camarino, aka Weng, (DOB: May 19,

1976), 36 years old, driver, native of Maarat, San Mateo, Rizal
and a resident of Sitio Palilingan Brgy. San Juan, Antipolo City.
Recovered from him by respondent SPO2 Esguerra was one (1)
pc ARMSCOR caliber 45 pistol with Serial No. LCD016681
loaded with one (1) pc magazine and eight (8) rounds live
ammunition of caliber 45;

4. During the implementation of the Search Warrant, in the

house/premises of Atty. Caronan, they were able to seize/confiscate
the following :

a. One (1) pc COLT caliber 5.56mm Armalite Rifle with

Serial No. 4927269;
b. One (1) pc Bentley 12gauge shot gun model 30 with
Serial No. 1041253;
c. One (1) pc fragmentation grenade;
d. Twenty-Six (26) rounds live ammunition of caliber
5.56mm;
e. Two (2) rounds live ammunition of 12 gauge shot gun;
f. One (1) pc magazine of armalite rifle (long type);

5. Further search resulted in the arrest of “Atty. Patrick Caronan y

Atillo”,a.k.a.“Richard Caronan” who was found hiding inside one
of the lockers in the master’s bedroom.

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6. Likewise arrested while hiding inside one of the lockers in the
children’s bedroom are the two other close-in bodyguards of “Atty.
Caronan”, namely :

a. Victor Belardo y Sanchez, aka Etot,(DOB: March 12, 1965),

47 years old, married, maintenance, native of Lumil, Silang,
Cavite and a resident of Brgy. Lumil, Silang, Cavite. One (1)
magazine of caliber 5.56mm loaded with twenty (20) rounds
live ammunitions was recovered from him.

b. Romulo, Jr. Panganiban y Gonzales, aka Ronnie, (DOB:

August 27, 1973) 39 years old, married, houseboy native of
Silang, Cavite and a resident of Brgy. Pulong Bunga, Silang,
Cavite.One (1) magazine of caliber 5.56mm loaded with twenty
(20) rounds live ammunitions was recovered from him.

7. After verification, itwas found out that Victor Belardo y Sanchez,

aka Etot, one of the closed-in security men of Atty Caronan is a
fugitive from justice and principal suspect in the treacherous killing of
VINANCIO B. CORTEZ, of Purok 4 Brgy Lumil, Silang, Cavite,
allegedly one of the security escorts of Cavite Governor Jonvic
Remulla. He is facing Murder charges before the Regional Trial
Court, Branch 18, Tagaytay City, docketed as Criminal Case No. TG-
12-1746;

8. Security Guard Ruben Agagon, one of the alleged roving security

guards of the subdivision, was found manning the subject premises.
He was likewise brought to herein respondents’ Office for
investigation and proper disposition;

9. Suspects failed to present the necessary documents authorizing them

to possess the items seized and confiscated as mentioned above.

For this reason, all suspects were arrested after they were
apprised of their constitutional rights and the offenses they have
committed.

10. Immediately thereafter, the arrested suspects including the

seized/confiscated unlicensed firearms, explosives and ammunitions
were immediately brought to the office of the NCRCIDU-CIDG in
Camp Crame, Quezon City.

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 ISSUES

1. WAS THE SEARCH WARRANT NO. 133-2 VALIDLY

ISSUED?
2. WAS THE SAID SEARCH WARRANT PROPERLY
IMPLEMENTED?

3. WHO IS ANSWERABLE FOR THE FIREARMS,

AMMUNITIONS AND EXPLOSIVES FOUND IN THE
HOUSE/PREMISES OF “ATTY. PATRICK A.
CARONAN”?

4. DOES “ATTY. PATRICK A. CARONAN” POSSESS

CREDIBILITY?

ARGUMENT/DISCUSSION

1. WAS THE SEARCH WARRANT

NO. 133-2 VALIDLY ISSUED?

Yes, it was. But “Atty. Caronan” insists that the same was a
“midnight search warrant” as the issuing Judge was “about to retire
in a few days.” (pls. see par. O, Complaint-Affidavit)

The complainant, who claims to be an active practitioner for at

least eight (8) years, must have forgotten that a judge could still
perform his duties up to the last day prior to retirement. He likewise
insists that the main applicant had no personal and direct knowledge
of the existence of firearms in his possession or control. Herein
respondents disagree. Complainant again forgot to consider the
testimonies of the witnesses and their depositions when they were
personally examined by the issuing Judge. It is not necessary that the
main applicant has personal knowledge thereof. It is enough that the
witnesses presented has personal knowledge of the existence of the
firearms, ammunitions and explosives in the possession or house of
“Atty. Caronan”.

“Atty. Caronan” must have also forgotten that the validity of

the issuance of the search warrant and the suppression of evidence

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 seized under it are matters that can be raised only in the issuing court
if no criminal action has in the meantime been filed in Court. 1

In short, the validity of the search warrant should be threshed

out before the RTC of Antipolo which is now hearing two (2) cases
filed before it.

2. WAS THE SAID SEARCH WARRANT

PROPERLY IMPLEMENTED?

Again, the answer is clearly in the affirmative. The search was

done in an orderly and peaceful manner in the presence of the wife of
the complainant,Mrs. Rosana Caronan, Security Guard Tirso G.
Gacos, Brgy Tanod Gloria Y. Alcala, and Brgy. Tanod
Christoper P. Panday, both of Brgy. San Juan, Taytay, Rizal;

The details of the implementation of the search warrant were

stated in the Affidavit of Arrest and Seizure executed by members
of the searching team, a copy of which is hereto attached as ANNEX
“3”.

All the items seized were properly receipted as shown by the

Receipts of Property Seized hereto attached as ANNEXES “4”,
“4-A”, “4-B”, “4-C”, “4-D”and “4-E”.

Moreover, “Atty. Caronan” signed a Certification of

Orderly Search dated August 31, 2012, a copy of which is hereto
attached as ANNEX “5”. He now tries to question the said
Certification of Orderly Searchclaiming that he was compelled by
respondent PSI Macatlang “while he was under arrest and
without the assistance of Counsel.”

Indeed, “Atty. Caronan” wants to twist the facts so as to make

it appear that, he did not voluntarily sign the said Certification.
Obviously, this is part of his legal strategy to get back at the arresting
authorities. However, a close look at the said Certification reveals that
there were witnesses when “Atty. Patrick Caronan” affixed his
signature thereon, namely : GLORIA y ALCALA and
CHRISTOPHER P. PANDAY, both Barangay San Juan – Tanods.

1
Securities and Exchange Commission vs. Mensoza,
670 SCRA 324 [2012]

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 Likewise, a certain TIRSO G. GACOS, a Security Guard, was also
a witness to the signing.

With all these people around, how can he be forced to sign the
document? A lawyer of his caliber would not be intimidated into
signing a document especially inside the police headquarters.

It has been that an evidence to be believed must proceed not

only come from a credible witness but must be credible in itself as to
hurdle the test of conformity with the knowledge and common
experience of mankind. 2

3. WHO IS ANSWERABLE FOR THE

FIREARMS, AMMUNITIONS AND
EXPLOSIVES FOUND IN THE
HOUSE/PREMISES OF “ATTY.
PATRICK A. CARONAN”?

“Atty. Caronan” insists that these items seized were all planted.
This defense is the normal defense put up by suspects similarly
situated like the Complainant. Herein respondents do not have any axe
to grind against “Atty. Caronan”. They have no reason to plant
incriminating evidence against him. What they did was just to
faithfully implement the Search Warrant issued against him and
nothing more.

Complainant denies owning or possessing a firearm. It is not

necessary that the property to be searched or seized should be owned
by the person against whom the search warrant is issued. 3 Since the
firearms, ammunitions and explosive were found in his house, he had
constructive possession and control thereof and must be answerable
therefor.

As held in Fajardo vs. People4 citing People vs. De Gracia5:

xxx

2
People vs. De Guzman, 676 SCRA 347 [2012]

3
Del Castillo vs. People, 664 SCRA 430 [2012]

4
639 SCRA 194, 214 [2011]

5
233 SCRA 716 [1994]

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 “The rule is that ownership is not an essential
element of illegal possession of firearms and ammunition.
What the law requires is merely possession which includes
not only actual physical possession but also constructive
possession or the subjection of the thing to one's control
and management.  This has to be so if the manifest intent
of the law is to be effective. The same evils, the same perils
to public security, which the law penalizes exist whether
the unlicensed holder of a prohibited weapon be its owner
or a borrower. To accomplish the object of this law the
proprietary concept of the possession can have no bearing
whatsoever.

But is the mere fact of physical or constructive

possession sufficient to convict a person for unlawful
possession of firearms or must there be an intent to
possess to constitute a violation of the law? This query
assumes significance since the offense of illegal possession
of firearms is a  malum prohibitum  punished by a special
law, in which case good faith and absence of criminal
intent are not valid defenses.

When the crime is punished by a special law, as a

rule, intent to commit the crime is not necessary. It is
sufficient that the offender has the intent to perpetrate the
act prohibited by the special law. Intent to commit the
crime and intent to perpetrate the act must be
distinguished. A person may not have consciously
intended to commit a crime; but he did intend to commit
an act, and that act is, by the very nature of things, the
crime itself. In the first (intent to commit the crime), there
must be criminal intent; in the second (intent to
perpetrate the act) it is enough that the prohibited act is
done freely and consciously.”

xxx

His denials and shallow alibis cannot overcome

respondents’ strong and positive testimonies. The defense of
alibis and denial cannot prevail over the clear, positive and

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 convincing testimony of the victim.6 Affirmative or positive
testimonies is stronger than a negative testimony.7

4. DOES “ATTY. PATRICK A. CARONAN”

POSSESS CREDIBILITY?

As held in De Guzman,8an evidence to be believed must

proceed not only from a credible witness but must be credible in itself
as to hurdle the test of conformity with the knowledge and common
experience of mankind. 9

“Atty. Caronan” had practically lost his credibility when he

concocted a lot of incredible stories just to pin herein respondents’
down.

Firstly, he claims that herein respondents were taking orders

from co-respondent Col. Joselito M. Reyes. In trying to prove
conspiracy, complainant cites the use by Mrs. Reyes, wife of Col.
Reyes, of the pictures and birth certificates of his minor children. He
alleges that these pictures and certificates were among the missing
documents and pictures allegedly unlawfully seized by herein
respondents during the implementation of the search warrant on
August 31, 2012.

Herein respondents never took items from “Atty. Caronan’s”

house/premises aside from those stated in the Receipts of Property
Seized marked as ANNEXES “4”, “4-A” to “4-E”.

There is no truth to complainant’s claim that herein respondents

took the items mentioned in paragraphs r.2, r.3, r.4, r.5, r.6, r.7, r.8
and r.9.

The titles mentioned in paragraph r.7 were given by Atty.

Caronan to Mrs. Loyda L. Reyes as part of their business
arrangement.

6
People vs. Ortega, 664 SCRA 273;
People vs. Laurino, 684 SCRA 612 [2012]

7
People vs. Antonio, 233 SCRA 283;
People vs. Mendoza, 236 SCRA 666

8
supra

9
People vs. De Guzman, 676 SCRA 347 [2012]

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 Secondly, complainant’s claim that the CIDG NCR operatives
shouted and pointed their guns at the three (3) minor children and
placed them under intense grilling and were treated as adults and
hardened criminals and as a result “no one among them wanted to
become a lawyer like their father anymore”.

This is a blatant lie and a prevarication at its highest. It is

clearly tailored to gain the sympathy of this Honorable Office. But
cases are not decided based on emotional appeal. Rather, they are won
by clear, conceiving and credible evidence coming from credible
witnesses.

Such imputation against herein respondents is effete and purile.

Why will they point their guns at the helpless and innocent children
and grill them intensely? The search warrant was against their father
“Atty. PATRICK A. CARONAN” a.k.a. RICARDO A.
CARONAN. It was “Atty. CARONAN” and his
bodyguards/security men who were confronted and later arrested by
the searching team of the CIDG NCR.

The incredibility of “Atty. Caronan” and his claims become

more pronounced when we consider the fact he deliberately and
maliciously assumed the first name of his younger brother without the
latter knowing it. Prior to his enrolment in a law school in Nueva
Vizcaya, complainant whose real name then was RICHARD A.
CARONAN started using the name of his brother PATRICK A.
CARONAN, a BSBA graduate from the University of Makati (1993-
1997). Complainant made use of the scholastic records of his younger
brother to qualify him for enrolment in the College of Law, St. Mary’s
University, Bayombong, Nueva Vizcaya. He is one who would opt to
lose his precious identity as a person just so he can get what he
wanted.

He later passed the Bar Examinations and became a lawyer.

Attached as ANNEX “6” is a copy of the Affidavit of

Identity dated October 14, 2013 executed by the real PATRICK A.
CARONAN.

There are a lot of questionable dealings involving “Atty.

PATRICK A. CARONAN” which led to the filing of numerous cases
against him. No doubt, with the kind of lawyer that he is, his minor

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 children could not be blamed if “no one among them wanted to
become a lawyer like their father anymore!”

Obviously, the very reason why “Atty. Caronan” had to

concoct stories and file countless cases against us is to serve as a
leverage with respect to the Criminal Cases filed against him which
are docketed as Criminal Case No. 12-44870and Criminal Case
No. 12-44871 and for Illegal Possession of Firearms and
Ammunition which are now pending before Branch 97, Regional
Trial Court of Antipolo City sitting at the Municipality of
Taytay, Rizal.

Last we forget, there is in herein respondents’ favor a

presumption of regularity. Narration of the incident by law enforcers,
buttressed by the presumption that they have regularly performed their
duties in the absence of convicing proof to the contrary, must be given
weight.10Absent any indication that the police officers were ill-
motivated in testifying against the accused, full credence should be
given to their testimonies.11

WHEREFORE, in light of the foregoing, it is most respectfully

prayed that the charges levelled against herein respondents be denied for
utter lack of merit.

Other reliefs are likewise prayed for.

Camp Crame, Quezon City. 26 August 2014.

PSI ROMMEL GALLIGUEZ MACATLANG

No. 99 Brgy. Lalakay, Los Baños, Laguna

SPO2 FERNANDO GARCIA ESGUERRA

PNP, NCR, CIDU, Camp Crame, Quezon City

PO3 MAXIMO CAGUITLA SEDA

Brgy. Balakilong, Laurel, Batangas
PNP, NCR, CIDU, Camp Crame, Quezon City

10
People vs. Llanita, 682 SCRA 288 [2012]

11
People vs. Vicente, Jr., 641 SCRA 186 [2011]

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 PO3 SHEILA GARCIA FAMULERAS
No. 946 San Jose St., Mandaluyong City
PNP, NCR, CIDU, Camp Crame, Quezon City

PO3 RINGO GALLIGUEZ MEDALLA

Camp Vicente Lim, Calamba City
PNP, NCR, CIDU, Camp Crame, Quezon City

CA RUSSEL P. FERNANDEZ
B10 L13 Imperial St., Brgy. San Jose,Montalban,Rizal
PNP, NCR, CIDU, Camp Crame, Quezon City
SUBSCRIBED AND SWORN to before me this __________________________ in
__________________________. Further, I HEREBY CERTIFY that I personally examined the
affiants and that I am fully satisfied that they voluntarily executed and understood their
statements.

Doc. No.
Page No.
Book No.
Series of 2014.

Copy furnished:

ATTY. PATRICK A. CARONAN

Complainant
CARONAN LAW OFFICE
30th Flr., Suite 3004 Antel Global Bldg.
No. 3, Julia Vargas Ave., Ortigas Center 1600, Pasig City

Republic of the Philippines )

)
AFFIDAVIT OF SERVICE

I, PO3 MAXIMO CAGUITLA SEDA, Filipino, of legal age and with office address
atPNP, NCR, CIDU, Camp Crame, Quezon City, after having been duly sworn in accordance
with law, hereby depose and say : THAT,

1. Today, August 27, 2014, I have sent by registered mail copies of the Position
Paperplainlyaddressed to the following parties and as evidenced by the attached
Registry Receipts, and with instruction to the postmaster to return the mail to the
sender after ten (10) days if undelivered.

The addressee are as follows:

ATTY. PATRICK A. CARONAN

Complainant
No. 40 Valley View Ave., Valley View Royale Subd.
Valley Golf, Cainta, Rizal

THE OFFICE OF THE OMBUDSMAN

OFFICE OF THE DEPUTY OMBUDSMAN
FOR THE MILITARY AND OTHER

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 LAW ENFORCEMENT OFFICES
3rd Flr., Ombudsman Bldg., Agham Road
Diliman, Quezon City 1104

2. Copies of the foregoing POSITION PAPER are being served to the above-parties
by registered mail due to distance and time constraint.

3. FURTHER I SAY NONE.

PO3 MAXIMO CAGUITLA SEDA

Affiant

SUBSCRIBED AND SWORN TObefore me this _____________________ in

_____________________affiant exhibiting to me his PNP ID No. 13A230159 with expiry date of
03/26/2016.

Doc. No.
Page No.
Book No.
Series of 2014.

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