REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 58, Makati City

PEOPLE OF THE PHILIPPINES,

PLAINTIFF
Criminal Case No. 12123
For: Murder under Art. 248 of
the Revised Penal Code, as
amended by RA 7659
-versus-

P/CPL. NICK POLUTAN AND

P/CPL. PAT TINIO,
DEFENDANTS.
x————————————————-x

JUDICIAL AFFIDAVIT
OF
DEFENDANT P/CPL. NICK POLUTAN

This Judicial Affidavit of P/CPL. Nick Polutan is executed to serve as his direct testimony in
the instant case.

I, P/CPL. Nick Polutan, of legal age, married, and living at Unit 123, Rockwell Towers, Makati
City, defendant in this case, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Jaz Sumalinog with office address at 123, Pearl Drive Tower,
Pasig City. The examination is being held at the same address. I am answering her questions fully
conscious that I do so under oath and may face criminal liability for false testimony and perjury.

PURPOSE: This affidavit/testimony of defendant P/CPL. Nick Polutan is being offered to prove
that the defendant is not guilty of the crime charged.

1. Q. Please state your name and other personal circumstances for the record.
A. I am P/CPL Nick Polutan, a Filipino, single and of legal age. I reside in Unit 123, Rockwell
Towers, Makati City.

2. Q. Do you know why you are here?

A. Yes, because I am one of the defendants in this suit filed by ACP Vanessa Villanueva.

3. Q. Do you know the charge against you?

A. Yes, I am charged for the murder of Joshua Garcia.

4. Q. Do you know this certain Joshua Garcia?

A. No, I do not personally know Joshua Garcia. I was just one of the police escorts for the “one
time, big time” operation.

5. Q. Can you elaborate on the “one time big time” operation?

A. This operation was conducted against criminal elements in Pook 5, Brgy. Poblacion, Makati
City.

6. Q. What was your role in this operation?

 A. I was the police escort of Joshua Garcia from his house and to the barangay hall.

7. Q. What happened when you were on the way to the barangay hall?
A. I was the lead officer so I was in front of Joshua while my partner P/CPL. Pat Tinio was at the
back of Joshua. While we were walking, I heard a scuffle between Joshua and my partner. I looked
back and Joshua was able to retrieve the gun of my partner.

8. Q. Then, what happened?

A. I immediately retrieved my service firearm, a Glock 17, and warned Joshua to put my partners
gun down. However, he aimed the gun at me.

9. Q. Then, what happened?

A. I gave him a second verbal warning but before I could finish my statement he fired at me. The
bullet hit my left thigh.

10. Q. What did you do after getting hit?

A. I returned fire and was able to hit Joshua in the head which caused his death.

IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of September 2021.

P/CPL. Nick Polutan

Affiant

SWORN ATTESTATION

The undersigned hereby attests that, as counsel of the witness, he faithfully recorded the
questions he asked and the corresponding answer of the witness and that he did not coach the
witness’ answers to the questions propounded.

Atty. Jack Magao

NOTARY PUBLIC
Until December 31, 2021
PTR No. 64965557-07- 01/05/2021
IBP No. 761988-01-01/05/2021
Doc. No. 123;
Page No. 20;
Book No. 51;
Series of 2021