Republic of the Philippines

REGIONAL TRIAL COURT

11TH Judicial Region
Branch 1
Tagum City, Davao del Norte

THE PEOPLE OF THE CRIMINAL CASE NO. 27804,

PHILIPPINES 27805 and 27809
Plaintiff,

-versus- For: VIOLATION OF SECS. 7,13

AND 14 ART. II OF R.A. 9165
FELICISIMO NUEZ KNOWN AS THE
BERNARDINO, JR., COMPREHENSIVE DANGEROUS
Accused, DRUGS ACT OF 2002

x--------------------------------x

JUDICIAL AFFIDAVIT OF FELICISIMO N.

BERNARDINO JR.

I, FELICISIMO N. BERNARDINO JR., of legal age, single,

and living at Block 6, Lot 5, Phase 2, Divine Mercy Village, Purok 10,
Brgy. Magdum, Tagum City, Davao del Norte, after having been duly
sworn to in accordance with law, hereby depose and state:

PRELIMINARY STATEMENT

The person examining me is ATTY. LYNDON MELVI C.

SUMIOG, with office address at Retardo Law Office, 2 nd fr., Lagunzad
Bldg., Osmena St., Tagum Cty, Davao del Norte. The examination is
being held at ___________________. I am answering his questions
in Cebuano, a dialect I understand, fully conscious that I do so under
oath and may face criminal liability for any false testimony and
perjury.

PURPOSE: This Judicial Affidavit of FELICISIMO N.

BERNARDINO JR., is executed to serve as her direct testimony in
the instant case. It is being offered:
 A) To prove that there was NO actual “buy-bust’ operation that
took place on September 18, 2021 in Uraya, Mankilam, Tagum
City, Davao del Norte;
B) To prove that the accused did not engage in a pot session at
the house of a certain “Jayson”;
C) To prove that there was merely a frame-up at night of
Septmeber 18, 2021;
D) To state the true events transpired at the time of the alleged
arrest;
E) all other matters, facts and circumstances to which his
testimony relates.
.

QUESTION 1 (Q1) : Before we start sir, this counsel

should remind you that you are under
oath. Do you understand?

ANSWER 1 (A1) : Yes, Sir. I understand.

Q2 : Is the taking of your affidavit voluntary?

A2 : Yes, it is, Sir.

Q3 : Do you know that you may face criminal liability for

false testimony or perjury for any false statement you
make herein?

A3 : Yes, Sir.
Q4: Kindly state your name and other personal
circumstances.

A4: I am Felicisimo Bernardino Jr., single, 19 years old and a

resident of Magdum, Tagum City, Davao del Norte.

Q5: Where were you in the night of September 17, 2021?

A5: I was at our house in Barangay Magdum.

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Q6: The whole time?
A6: No, sir. At around 12 midnight, my friend, Michael
Quizona, messaged me thru messenger that he wants to
meet me at the Home for the Aged in Brgy. Visayan
Village immediately because he has with him the “item.”
Since I know Michael for a long time, I went to meet him;

Q7: So, you went to Home for the Aged in Brgy. Visayan
Village. What happened when you arrived there?
A7: I messaged Michael again when I arrived there, described
my specific location and asked where is he particularly
located. Suddenly, a male person approached me,
threaten me with a gun pointing at me and ordered that I
enter the white van parked nearby;

Q8: When you entered into the van, did you see Michael
there?
A8: No sir. Just a bunch of personnel with guns and David.

Q9: What happened next, if there’s any?

A9: We travelled for a while in the van and after a few
minutes, we arrived at our destination.

Q10: Where?
A10: I did not know then where was that but I later found out
that it was in Uraya in the house of a certain “Jayson”.

Q11: What happened when you arrived there?

A11: They ordered us to get inside the house and joined with
certain persons already seated at the sala. There I found
Michael with others.

Q12: Describe, what did you see when you joined Michael and
others at the house?
A12: At first, we were ordered to sit down at the sala. They
arranged everything on top of the table in front of us.
There were plastic-packed substance, cellphones and
money laid down. The same plastic-packed substance
was also forcibly placed inside the pocket of that certain
“Jayson.” After a while, some of the personnel went out
then entered again and shouted “Raid ni. Hapa!” We

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 comply out of fear. They then let other persons to enter
the house who, I later, assumed people from the media.

Q13: What happened next, if there’s any?

A13: They handcuffed us. They took pictures of the things laid
down at the table, wrote something on the paper. At
around 5 am in the morning, they brought us to Davao
City.

Q14: What happened when you were brought to Davao City?

A14: They offered water for us to drink. Since I was still
trembling out of fear at that time and really thirsty, I drank
the water they offered. After sometime, they then
instructed us to undergo Drug Test, which we also
comply. They then lock us up. In the morning of Monday,
September 20, 2021, they brought us back to the Old City
Hall for inquest before transferring us at the Tagum City
Police Station Lock-Up.

Q15: Do you confirm the truth and veracity of all the allegations
contained in this judicial affidavit?

A15: Yes, I confirm and I am willing and able to testify in court

regarding the contents of this judicial affidavit.

Q16 Is there anything else you want to say?

A16 : No, sir.

Examining Lawyer: AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto set my hand this

_________________ in Tagum City, Davao del Norte.

FELICISIMO N. BERNARDINO JR.,

Affiant

SUBSCRIBED AND SWORN TO before me this

_____________________ in Tagum City, Davao del Norte, affiant
exhibiting to me sufficient evidence of her identity.

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Doc. No.______;
Page No.______;
Book No.______;
Series of 2021.

SWORN ATTESTATION OF THE EXAMINING LAWYER

I, LYNDON MELVI C. SUMI-OG, after having been duly sworn

to in accordance with law do hereby attest:

That I conducted the examination of the witness who executed

the foregoing judicial affidavit; that I faithfully recorded the questions I
asked and the corresponding answers that the witness gave; that
neither I nor any other person then present coached the witness
regarding her answers.

Done this _____________, in Tagum City, Davao del Norte,

Philippines.

LYNDON MELVI C. SUMI-OG

Examining Lawyer

SUBSCRIBED AND SWORN TO before me, this

_______________ at Tagum City, Davao del Norte, affiant exhibiting
to me sufficient evidence of her identity.

Doc. No.____
Page No.____
Book No.____
Series of 2021.