Republic of the Philippines

REGIONAL TRIAL COURT

7th JUDICIAL REGION
Branch 43, Tanjay city stationed at Dumaguete City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

CRIM. CASE NO. 2067

-versus- FOR: VIOLATION OF SEC. 5,
ART.2 OF RA 9165 [THE
RICARDO BUSCAINO y AGAD, COMPREHENSIVE DANGEROUS
a.k.a “TATAY BUSKI” DRUGS ACT OF 2002]

Accused.

x x

JUDICIAL AFFIDAVIT OF Deputy Chief SP03 Allen June R. Germodo

I. PRELIMINARY INFORMATION.

A. NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE WITNESS.

Name: Deputy Chief SP03 Allen June R. Germodo

Age: 40 years old
Address: Brgy. Batinguel, Dumaguete City
Occupation: Police Officer
Language: English, Filipino and Bisaya

B. LAWYER WHO CONDUCTED THE EXAMINATION OF THE WITNESS.

Name: Atty. Jim Peterick Sison

Address: Office of the City Prosecutor, branch 43, Tanjay City stationed at Dumaguete City
Place of Examination: Office of the City Prosecutor, branch 43, Tanjay City stationed at
Dumaguete City.

II. OFFER.
The witness will testify on the Pre- Operation Report and the conduct of the buy- bust
operation. The testimony of Deputy Chief SP03 Allen June R. Germodo is being offered to
prove the following:
1. That he is a member of the PNP by profession;
2. That he is presently assigned at Special Operation Group of Police Provincial Office,
Negros Oriental.
3. That he is a member of the team who conducted the buy- bust operation, acting as the
team leader.
4. And to prove other relevant matters.

III. JUDICIAL AFFIDAVIT PROPER.

I, Deputy Chief SP03 Allen June R. Germodo, 40 years old, single, Filipino, and residing at
Brgy. Batinguel, Dumaguete City, under oath, depose:

1. Q- Please state your name, age, residence, and occupation.

A- I am Deputy Chief SP03 Allen June R. Germodo, 40 years old, single, Filipino, and
residing at Brgy.Batinguel, Dumaguete City and a Police Officer.

2. Q- Why are you here?

A- To give a sworn statement by way of Judicial Affidavit.

3. Q- In which language do you prefer your affidavit to be made?

A- In English.

4. Q- What is the purpose of your affidavit?

A- For the filing of a criminal case for violation of RA 9165 against Ricardo Buscaino y
Agad.

5. Q- Are you aware that you are only to tell the truth and false testimony will make you
criminally liable for perjury?
A- Yes, I am aware.

6. Q- What is your profession?

A- I am a member of the PNP.

7. Q- What is your rank as a member of the PNP?

A- SPO3, Sir.

8. Q- How long have you been in the service as a police officer?

A- I have been in the service for almost 18 years.

9. Q- Where are you assigned, Mr. Witness?

A- I am assigned at the Special Operation Group of Police Provincial Office, Negros Oriental.
10. Q- When did this buy-bust operation conducted?
A- It was conducted last July 23, 2014 at about 3:00 in the afternoon.

11. Q- Where was it conducted?

A - At the house Ricardo Buscaino in Brgy. Obogon, Tanjay City.

12. Q- What did you do during the said buy-bust operation?

A- I was the team leader.

13. Q- Who composed the buy-bust operation team?

A- Myself, as the team leader, PO1 Delbo as poseur buyer/ arresting officer, and PO2 Avila
as the immediate back-up of PO1 Delbo and the one in charged to take photographs during
inventory.

14. Q- Were there other personalities involved during the buy-bust operation?
A- Yes, there were representatives from the Media, DOJ and an elected barangay official.

15. Q- Did you know who your specific target was?

A- Yes, Ricardo Buscaino y Agad.

16. Q- Can you tell me a brief summary of the specific plan?

A- We conducted a short briefing. It was agreed that PO1 Delbo, together with the
confidential informant will act as poseur-buyer. PO1 Delbo and the confidential informant will
enter the house of Ricardo Buscaino to buy from the latter 500 pesos worth of shabu, using the
marked money. Once the sale is consummated, PO1 Delbo will ring my mobile phone, as the
pre- arranged signal, and then PO2 Avila, the back-up/ photographer, will arrive. Thereafter,
PO1 Delbo will arrest the seller.

17. Q- What was the pre- arranged signal?

A- To ring my mobile phone.

18. Q- What happened after the briefing?

A- I made a Pre- Operation Report.

19. Q- What is the content of this Pre- Operation Report?

A- A summary information that on the second week of July 2014, our office received
information that a certain Ricardo Buscaino of Barangay, Obogon, Tanjay City is engaged in
selling of shabu in his residence and also he delivered it to his customers. With the aid of our
confidential informant , the information received was indeed positive. Therefore, the elements of
this office will conduct buy-bust operation utilizing one piece five hundred peso bill bearing
serial number NG592321 as buy-bust money.

20. Q- What happened next?

A- I made a coordination with the PDEA and was given a control number 0714-00192 by
PDEA Agent Mascardo.

21. Q- What happened after you coordinated with the PDEA?

A- Our Buy-Bust Operation commenced. PO1 Delbo, together with the Informant/Asset went
to the house of RICARDO BUSCANO, alias "TATAY BUSKI".

22. Q- What happened thereafter?

A- PO1 Delbo rang my cellphone. Which means that the sale was consummated. I
immediately instructed PO2 Avila to go to the crime scene.

23. Q- What happened when you arrived at the house of Ricardo Buscaino?
A- I saw Ricardo Buscaino being placed under arrest by PO1 Delbo. PO1 Delbo conducted
a body search to Ricardo Buscaino and recovered and confiscated from his possession the fifteen
(15) pieces transparent plastic sachets containing shabu, now marked as RB-Pl to RB-P15,
placed inside a carton box color black, now marked as RB-P, and one (1) piece Cal. 45 pistol colt
with serial number 152037, and one (1) piece magazine containing seven (7) pieces live
ammunition placed inside a holster and tucked in his right waist.

24. Q- What happened thereafter, if any?

A- Ricardo Buscaino was informed with the nature of his arrest and his constitutional rights
and PO1 Delbo asked him if he understood of his rights, he answered affirmatively.

25. Q- What happened next, if any?

A- At the top of the table, PO1 Delbo recovered and confiscated the following, to wit:

11.1 One (1) piece five-hundred peso bill bearing serial number NG592321 marked money;
11.2 Six (6) pieces one-hundred peso bills, two (2) pieces fifty peso bills, and twenty-five (25)
pieces twenty peso bills,
11.3 One (1) unit Shotgun Armscor with serial number 844110 with twenty (27) pieces live
ammunition for shotgun placed inside a color black bag now marked as RB-P,
11.4 One (1) unit 38 cal. Revolver now marked as RB-P with three (3) pieces live ammunition
for cal. 38;
11.5 One (1) unit weighing scale now marked as RB-P;
11.6 Two (2) pieces improvised tooters now marked as RB-Pl to RB-P2;
11.7 Four (4) disposable lighters now marked as RB-PI to RB-P4;
11.8 One (1) unit Cellphone Nokia now marked RB-P;
11.9 Three (3) pieces plastic straw now marked as RB-P,
11.10 One (1) roll tin foil now marked as RB-P
11.11 One (1) bundle empty plastic sachets now marked as RB-P;
11.12 One (1) piece pair of scissors now marked as RB-P; and
11.13 One (1) book now marked as RB-P.

24. Q- Is that all that took place after the arrest?

A- All confiscated items/evidence were marked at the area by POI Delbo and made the
inventory in the presence of the suspects (Ricardo Buscaino, Larry Rcbusa, and Louie Navarro),
elected official Barangay Kagawad Cristito Radan of Brgy. Obogon, Tanjay City, DOJ
Representative, Mr. Miguel Villegas, and Mr. Patrocinio Magalso of Magic FM as media
representative, and each of them were given a copy of the inventory/ receipt of property seized.

25. Q- Who was there during the inventory?

A- The inventory and marking of the items seized from Ricardo Buscaino was made by PO1
Delbo, in the presence of the suspects (Ricardo Buscaino, Larry Rcbusa, and Louie Navarro),
elected official Barangay Kagawad Cristito Radan of Brgy. Obogon, Tanjay City, DOJ
Representative, Mr. Miguel Villegas, and Mr. Patrocinio Magalso of Magic FM as media
representative.

26. Q- And then?

A- I saw PO2 Avila taking photos of the seized items.

27. Q- What happened after the inventory and marking of pieces of evidence?
A- The confiscated drugs were placed in the brown envelop and all the confiscated
items/evidences were in PO1 Delbo’s custody. Then we proceeded to PNP Tanjay City for
booking and record. Consequently, we went back to our office in Dumaguete City, together with
the arrested suspects.

28. Q- What happened next?

A- The confiscated drugs as well as the suspects were forwarded to PNP Crime Laboratory
for Forensics and Drug Test Examination.

29. Q- I have no further questions, Mr. Witness. Thank you.

A- Thank you, Attorney.
 Nothing follows.

Deputy Chief SP03 Allen June R. Germodo (SGD)

Affiant

SUBSCRIBED AND SWORN to before me, this 28th day of July 2014 in City of Tanjay,
Philippines. Affiant exhibited to me his Driver’s License with No. 12345, valid until 29 August
2018, as his competent evidence of identity. I hereby certify that I have personally examined the
affiant and that I am satisfied that he voluntarily executed and understood the contents of his
Affidavit and that they are true and correct as to his personal knowledge.

Jim Peterick Sison (SGD)

Assistant Prosecutor
Roll of Atty. No. 123456
IBP Lifetime Membership No. 54321
MCLE Compliance No. 67890

ATTESTATION

I, Jim Peterick Sison, with residence at Brgy. Bantayan, Dumaguete City, attest under
oath as follows:

I personally conducted the interrogation of Deputy Chief SP03 Allen June R. Germodo,
witness in the above-entitled case, with address at Brgy. Batinguel, Dumaguete City, in his
testimony as to the circumstances relative to the above-entitled case;

I recorded the questions I asked Deputy Chief SP03 Allen June R. Germodo and
corresponding answers to these questions; and

Neither I nor any person then present coached Deputy Chief SP03 Allen June R.
Germodo regarding his answers.

IN WITNESS WHEREOF, I have hereunto set my hand in the City of Dumaguete this
th
28 day of July 2014.

Jim Peterick Sison (SGD)

Affiant

SUBSCRIBED AND SWORN to before me, this 28th day of July 2014 in City of
Tanjay, Philippines. Affiant exhibited to me his Driver’s License with No. 12345,
valid until 29 August 2018, as his competent evidence of identity. I hereby certify
that I have personally examined the affiant and that I am satisfied that he
voluntarily executed and understood the contents of his Affidavit and that they are
true and correct as to his personal knowledge.

Elson P. Bustamante(SGD)
CITY PROSECUTOR
Roll of Atty. No. 12345
IBP Lifetime Membership No. 67890
MCLE Compliance No. 54321