Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION

Regional Trial Court
Branch 109
Pasay City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

CRIMINAL CASE NO. 12340

-versus- For: Violation of Section 11
Article II of R.A. 9165

JOSE A. DELA CRUZ

Accused.

X----------------------------------------------X

JUDICIAL AFFIDAVIT

(Of Arresting Officer, Police Corporal Jam A Benedicto)

I, Police Corporal Jam A Benedicto, Filipino, of legal age, Police

Officer, and presently assigned at Southern Police District, Buendia Police
Community Precinct, after having been sworn to in accordance with law, and
faithfully conscious that I am under oath and may face criminal liability for false
testimony or perjury, hereby depose and state to the questions propounded by
Prosecutor Tristan Jay Santos, a member of Pasay City Prosecutor’s Office, this 11 th
day of August 2019 as follows:

OFFER OF TESTIMONY

The testimony of the herein witness, Police Corporal Jam A

Benedicto is being offered pursuant to A.M. 12-8-8-SC, known as the Judicial
Affidavit Rule, for the following purposes, THUS:

1. He will testify in order to prove all the allegations in the Information instituted
by the Pasay City Prosecutor’s Office;

2. To prove that the accused violated the Section 11, Article II of R.A. 9165; and

3. He will prove that the documents provided and exhibits are authenticated.
 QUESTIONS AND ANSWERS

Q1: Why are you here today?

A1: To give a sworn statement by way of Judicial Affidavit, the same to constitute as
my direct testimony, in the above-captioned criminal case.

Q2: For the record, please state the name and address of the Lawyer who is now
conducting your examination and the place where the examination is being
held?

A2: Prosecutor Tristan Jay Santos, is conducting my examination today at his office
located at 3rd floor, Room 305, Pasay City Hall, F.B. Harrison St., Pasay City.

Q3: In what language do you want your examination to be conducted?

A3: This Judicial Affidavit must be prepared in English, but my cross examination
may be conducted in Tagalog and English for my convenience and for clarity.

Q4: As you mentioned a while ago, you are here to give a statement regarding the
above-captioned criminal case, what is this criminal case all about?

A4: It is a Criminal Case against the accused, Jose A. Dela Cruz for Violation of
Section 11, Article II of R.A. 9165.

Q5: Mr. Witness, where are you presently assigned?

A5: I am presently assigned at Southern Police District, Buendia Police Community

Precinct.

Q6: What is your time of duty?

A6: My time of duty is from 9:00 PM to 9:00 AM.

Q7: During your tour of duty on August 11, 2019, what happened?

A7: During that day, we conducted Simultaneous Anti-Criminality Law Enforcement

Operations or also called as SACLEO.

Q8: At what time?

A8: Around 10 PM onwards of August 10, 2019.

Q9: Where did you conduct the said SACLEO?

A9: We conducted the SACLEO within Buendia area.

Q10: So what happened in that SACLEO?

A10: While we are along the Buendia we saw the accused Mr. Dela Cruz.
Q11: What is he doing?

A11: He was shouting very loud and calling commuters going to MCU
Monumento/Divisoria

Q12: What did you do next?

A12: I and Patrolman Ariel C Mondragon approach him and introduced ourselves as
police officers.

Q13: Why do you approach him?

A13: Because we are going to arrest him for violating the Pasay City Ordinance No.
2106 s. 2001 (Anti-Barker Ordinance).

Q14: After approaching him what else did you do?

A14: I did a pat-down search or frisk to the victim.

Q15: What is the result of the said pat-down search or frisk?

A15: Upon commanding him to open his right palm I recovered one small
transparent plastic sachet containing undetermined amount of white crystalline
substance suspected to be known as “shabu.”

Q16: After that, what did you do next?

A16: We arrested him and informed the accused the violation he committed as well
as his Constitutional Rights and the Anti-Torture Warning.

Q17: In what language?

A17: In Tagalog Attorney, for him to understand.

Q18: What did you do to the evidence you’ve recovered?

A18: We did the inventory of evidence recovered.

Q19: Where?

A19: We did the inventory in the same place where we arrested the said accused.

Q20: Please be specific, where?

A20: We did the inventory outside the Sari-Sari Store nearby the terminal along
Buendia.

Q21: Who are present during the said inventory?

A21: I, my co-officers, the accused, Hon. Darvin Echano, Kagawad of Barangay 47,
Zone 6, Pasay City, and Mr. Eric Jayson Drew, a Media representative.

Q22: What else did you do to the evidence?

A22: I marked the recovered evidence, Attorney.

Q23: How did you marked the said evidence?

A23: I put my initials, Attorney.

Q24: What are your initials?

A24: “JAB”.

Q25: After the inventory, what did you do next?

A25: We brought the accused to Buendia PCP, Pasay for documentation.

Q26: And then, what did you do after reaching the PCP?

A26: We subsequently brought the accused to Pasay City General Hospital for
physical examination before putting him to jail.

Q27: What about the evidence?

A27: I presented the evidence to the investigator.

Q28: Why did you do that?

A28: For documentation purposes only.

Q29: So what did you do next after?

A29: After that, I immediately brought the said evidence together with the papers to
the Pasay Crime Laboratory for examination.

Q30: And then, where is the said evidence now?

A30: I kept it until it will be turned-over to the court.

Q31: Do you want anything to add?

A31: None, Attorney.

Q32: Lastly, do you confirm the truthfulness of your statement contained in this
Judicial Affidavit?

A32: Yes, Attorney.

 I am executing this Judicial Affidavit to attest the veracity and truthfulness of the
foregoing narration of facts.

IN WITNESS WHEREOF, I am affixing my signature this 11th day of August

2019 in Pasay City.

Police Corporal Jam A Benedicto

Witness/Affiant

SUBSCRIBED AND SWORN to me before this 11th day of August 2019 in

Pasay City, affiant exhibiting to me her Unified Multi-Purpose ID (UMID) with number
CRN-0111-1353158-8, after I have personally examined the affiant and that I am
convinced that he voluntarily executed his affidavit and understood the contents
thereof.

Notary Public/Administering Officer

Doc. No. 14
Page No. 12
Book No. 5
Series of 2019
 ATTESTATION

I, Atty. Tristan Jay Santos, of legal age, Filipino and with office address
located at 3rd floor, Room 305, Pasay City Hall, F.B. Harrison St., Pasay City do
hereby attest that:

1. I was the one who conducted the examination of witness Police Corporal
Jam A Benedicto at my aforementioned office;

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

and the corresponding answers that witness gave;

3. Neither I, nor any other person then present or assisting me coached the
witness regarding her answers.

Atty. Tristan Jay Santos

Affiant

SUBSCRIBED AND SWORN to me before this 11th day of August 2019 in

Pasay City, affiant exhibiting to me his Driver’s License with number A-21-01-01234,
valid until January 2021.

Notary Public/Administering Officer

Doc. No. 15
Page No. 12
Book No. 5
Series of 2019