LEGAL FORMS

TECHNICAL WRITING II
GROUP-5
PROF. CHIFFER VENTURA

MEMBERS:

ROBANTES, JERICHO P.
VILLAFLORES, JOHN MICHAEL
SAPIERA, JOHN PATRICK
VILLANUEVA, ADRIAN GUEVARA
VINARAO, BENEDICT
TIAMZON, EMMANUEL
TARUN, MA EDNALYN DAGASDAS
SANTOS, SWEETIE MAE
SURINGA, LOWELL
VELASCO, LESTHER
SCENARIO: re Alleged Robbery (Article 294 of RPC) with serious Physical injury (Article 263 no.4
of RPC) and Illegal Possession of Firearms and Ammunition. (Sec. 28 of R.A 10591)

On or about 8:00 PM of September 11, 2020 after an hour of patrolling, the two (2) police
officers of TMRU unit of Conception Uno Police Sub-Station takes a break for a while to buy some
energy drink in 7/11 convenient store, at Conception Uno Branch nearby Petron Gas Station.

Then and there, the two (2) police officer suddenly heard a series of two (2) gunshot sounds
and after a few seconds, at about 8:01 PM of September 11, 2020 a concerned citizen who promptly
came in panic, and he reported the shooting incident at the Petron Gas Station located at Bayan-
bayan Ave., Brgy Conception Uno, Marikina City.

One, Benedict Pena y Vinarao, rag vendor, single, native of Samar, 22 years old, presently
residing at No. 80 Corner Street, Bayan-bayanan Ave, Brgy., Conception Uno, Marikina City.
According to concerned citizen he witnessed the shooting incident in Petron Gas Station, Bayan-
bayanan Ave, Brgy., Conception Uno, Marikina City and the victim appears to be unconscious after
being shot by the suspect, the suspect on board on Kawasaki 125, painted with color blue and plate
number 9875, wearing maong pants and black t-shirt with markings “Pogi Ako”, after the victim
being shot the suspect suddenly forcibly take, steal and carry away the wallet of victim in his pocket.

At about 8:02 PM of September 11, 2020 the two (2) police officers immediately responded
to the scene of the incident. PSMS. Adrian G. Villanueva calls at Amang Rodriguez Medical Center
for medical emergency because the victim appears to be unconscious and he calls the radio operator
to report the shooting incident and put on record happened nearby 7/11 convenient store in Petron
Gas Station located at Bayan-bayanan Ave, Brgy., Conception Uno, Marikina City. When using a
vehicle, the place of occurrences is less than minute away from the 7/11 convenient store.

As a matter of luck, the victim survived in a gunshot wound on his right shoulder, according to his
attending physician Dr. Hayden Chu the two (2) projectile passes through the major organ of the
victim which his right humerus bone that cause serious injury. The wound was severe, and it undergo
surgery by removing pieces of bullets, find and remove pieces of broken or shattered bone and
placing drains tubes for body fluids. The doctor recommended for a healing and rest period of (14)
hours in the hospital, as a consequence of the gunshot wounds and also the time recommended for
healing and resting, the victim was not able to report for work for three (3) days. The victim identified
himself as Juan Dela Rosa y Rodriguez, 22 years of age, call center agent, native of Surigao Del Sur,
residing at No. 11 Ace St. Bayan-bayanan Ave, Brgy., Conception Uno, Marikina City

At about 8:03 PM of the same date, the suspect's effort to elude on an incident failed when
he suddenly crashes into electric pole in front of Aling Nena Eatery, 1 meter away from the Petron
Gas Station located at Bayan-bayanan Ave, Brgy., Conception Uno, Marikina City. PSMS. Adrian G.
Villanueva and his partner PSSg. John Patrick Sapiera immediately approached the suspect, who was
laying on the ground after his motorcycle crashes into electric pole. They confirmed and recognized
the suspect based on a concerned citizen's report, and they noticed a bloody hand mark on the
suspect's t-shirt, which may be from a gunshot wound on a victim.

As a result of the collision, the suspect sustained only minor scratches to his right leg. When
the police arrived at the scene, the suspect claims he became terrified to the police officers and
attempted to leave.

At about 8:05 PM of September 11, 2020 they secure the suspect and use handcuffs for
protection. The suspect identified himself as Eduardo Katakutan y Maligno alias “Pepeng”, 38 years
of age, single, construction worker, native of Bicol and presently residing at No. 69 Ward St. Bayan-
bayanan Ave, Brgy., Conception Uno, Marikina City. PSSg. John Patrick Sapiera spotted the .22
revolver loaded with 4 bullets from the suspect, during searched PSSg. John Patrick Sapiera he
discovered the wallet with cash worth 10,000 pesos, which may have belonged to the victim because
it included an identity card and company identification.

Thereafter, at about 8:10 PM of September 11, 2020 the police mobile car arrived in the
incident with plate number 1012, and at about 8:15 PM of September 11, 2020 they bring the
arrested suspect to the nearest police station located at 66 Lilac St. Conception Uno, Marikina City
Pcp-7 for further investigation and disposition. The two (2) police officers follow an operational
procedure and has probable cause to believe, and an offense is committed by the suspect and hears
the disturbance that it creates and proceeds at once to the scene based on the concerned citizens
report.
 OFFICIAL POLICE BLOTTER

Entry No. Date Time Incident/Events Remarks

E-000784476 September 11, 2020 8:02 PM On or about 8:02 PM of For follow-
September 11, 2020, One up
PSMS. Adrian G. Villanueva investigation
calls the radio operator
named, PSMS. Mike Enroque
to verify the veracity of the
shooting incident and put on
record happened nearby
Petron Gas Station located at
Bayan-bayanan Ave, Brgy.,
Conception Uno, Marikina City
nearby 7/11 convenient store.
PSMS. Adrian G. Villaueva
requested for immediate
back-up and police mobile
with plate number 1012 for
the possible apprehension of
the suspect. The driver of
police mobile car named PCpl.
Heronimo Zardo accompanied
by PCpl. Paquito Aquino.

According to the report of

concerned citizen named,
Benedict Vinarao, rag vendor,
single, native of Samar, 22
years old, presently residing
at No. 80 Corner Street,
Bayan-bayanan Ave, Brgy.,
Conception Uno, Marikina
City, he witnessed the
shooting incident in Petron
Gas Station, Bayan-bayanan
Ave, Brgy., Conception Uno,
Marikina City and the victim
appears to be unconscious
after being shot by the
suspect, the suspect on board
on Kawasaki 125, painted
with color blue and plate
number 9875, wearing maong
pants and black t-shirt with
markings “Pogi Ako”, after the
victim being shot the suspect
suddenly forcibly take, steal
and carry away the wallet of
victim in his pocket.

At about 8:03 PM of the same

date, the suspect's effort to
elude on an incident failed
when he suddenly crashes
into electric pole in front of
Aling Nena Eatery, 1 meter
away from the Petron Gas
Station located at Bayan-
bayanan Ave, Brgy.,
Conception Uno, Marikina
City. PSMS. Adrian G.
Villanueva and his partner
PSSg. John Patrick Sapiera
immediately approached the
suspect, who was laying on
the ground after his
motorcycle crashes into
electric pole. They confirmed
and recognized the suspect
based on a concerned
citizen's report, and they
noticed a bloody hand mark
on the suspect's t-shirt, which
may be from a gunshot
wound on a victim.

Then and there, at about 8:05

PM of September 11, 2020
they secure the suspect and
use handcuffs for protection.
The suspect identified himself
as Eduardo Katakutan y
Maligno alias “Pepeng”, 38
years of age, single,
construction worker, native of
Bicol and presently residing at
No. 69 Ward St. Bayan-
bayanan Ave, Brgy.,
Conception Uno, Marikina
City. PSSg. John Patrick
Sapiera spotted the .22
revolver loaded with 4 bullets
from the suspect, during
searched PSSg. John Patrick
Sapiera he discovered the
wallet with cash worth 10,000
pesos, which may have
belonged to the victim
because it included an identity
card and company
identification.

On or about 8:10 PM of
September 11, 2020 the
police mobile car arrived in
the incident with plate
number 1012, and on about
8:15 PM the abovementioned
suspect brought to this
station.
Prepared by:
PSMS. Tiamzon Emmanuel
Desk Officer
 Republic of the Philippines
National Police Commission
PHILIPPINE NATIONAL POLICE, National Capital Region Police Office
Eastern Police District
MARIKINA CITY POLICE STATION
Station Investigation and Detective Management Branch
4th Floor Legislative Building, Brgy. Sta. Elena, Marikina City

MEMORANDUM

FOR : The District Director, EPD

(Attn: C, Jovet Baldevino/T3)

FROM : Chief of Police, MPS

SUBJECT : SPOT REPORT

re Alleged robbery with serious physical injury and Illegal Possession of Firearms
and Ammunition

DATE : September 11, 2020

1. REFERENCE: Blotter Entry No. E-000784476 dated September 11, 2020

2. WHAT: Alleged robbery with serious physical injury and Illegal Possession of Firearms and
Ammunition
3. WHEN: At about 8:02 PM of September 11, 2020
4. WHERE: Petron Gas Station located at Bayan-bayanan Ave, Brgy., Conception Uno,
Marikina City
5. WHO: Victim: Juan Dela Rosa y Rodriguez, of legal age, call center agent, residing at No. 11
Ace St. Bayan-bayanan Ave, Brgy., Conception Uno, Marikina City
Reportee/Witness: R/V Benedict Pena y Vinarao, 22 years of age, single, rag vendor,
presently residing at No. 80 Corner Street, Bayan-bayanan., Conception Uno, Marikina City.
7. HOW: Initial investigation disclosed that on the said TDPO, at about 8:00 PM of September
11, 2020 after an hour of patrolling, the two (2) police officers of TMRU unit, PSMS. Adrian
Villanueva and his partner PSSg. John Patrick Sapiera takes a break to buy some energy drink
in 7/11 convenient store, Conception Uno Branch nearby Petron Gas Station, Bayan-bayanan
Ave, Brgy., Conception Uno, Marikina City. The two (2) police officer suddenly heard a series
of two (2) gunshot sounds and after a few seconds, at about 8:01PM of September 11, 2020
a concerned citizen who promptly came in panic and reported the shooting incident at the
Petron Gas Station located at Bayan-bayan Ave., Brgy Conception Uno, Marikina City and
he identified himself as Benedict Pena Vinarao.

8. The suspect on board on Kawasaki 125, painted with color blue and plate number 9875,
wearing maong pants and black t-shirt with markings “Pogi Ako”, after the victim being shot
the suspect forcibly takes, steal and carry away the wallet of victim in his pocket.

9. The suspect's effort to elude on an incident failed when he suddenly crashes into electric pole
in front of Aling Nena Eatery, 1 meter away from the Petron Gas Station located at Bayan
bayanan Ave, Brgy., Conception Uno, Marikina City. PSMS. Adrian G. Villanueva and his
partner PSSg. John Patrick Sapiera immediately approached the suspect, who was laying on
the ground after his motorcycle crashes into electric pole. They confirmed and recognized
the suspect based on a concerned citizen's report, and they noticed a bloody hand mark on
the suspect's t-shirt. The suspect was successfully caught and the said suspect was held in
custody.
11. The confiscated weapon of the suspect is now under the custody of this station for
investigation and proper disposition. PSSg. John Patrick Sapiera discovered the wallet with
cash worth 10,000 pesos, which may have belonged to the victim because it included and
identity card and company identification.

12. The victim Juan Dela Rosa y Rodriguez was brought to Amang Rodriguez Medical Center to
address his gunshot wounds.

13. For information and progress report to follow.

BY AUTHORITY OF THE COP, PCOL Heronimo Marinduque:

PSMS. Tiamzon Emmanuel

Desk Officer
 Republic of the Philippines
National Police Commission
PHILIPPINE NATIONAL POLICE, National Capital Region Police Office
Eastern Police District
MARIKINA CITY POLICE STATION
Station Investigation and Detective Management Branch
4th Floor Legislative Building, Brgy. Sta. Elena, Marikina City

MEMORANDUM

FOR : The District Director, EPD

(Attn: C, Jovet Baldivino/T3)

FROM : Chief of Police, MPS

SUBJECT : PROGRESS REPORT

re Alleged Robbery with Serious Physical Injury and Illegal Possession of
Firearms and Ammunition

DATE : September 12, 2020

I. REFERENCE:

1. Blotter Entry No. E-000784476 dated September 11, 2020

2. Spot Report on re Robbery with Serious Physical Injury and Illegal Possession of Firearms and
Ammunition dated September 11, 2020

II. MATTERS INVESTIGATED

2. This pertains to the report submitted to the Marikina Police Station Pcp-7 regarding the
alleged Robbery with Serious Physical Injury and Illegal Possession of Firearms and
Ammunition incident that happened on or about 8:02 pm of September 11, 2020, wherein a
victim who identified himself as Juan Dela Rosa y Rodriguez, 22 years of age, call center
Agent, single, Native of Surigao del Sur, residing at. No. 11 Ace St. Bayan-bayanan Ave,
Brgy., Conception Uno, Marikina City. Upon the report submitted, the suspect identified as
Eduardo Katakutan y Maligno alias “Pepeng”, 38 years of age, single, construction worker,
native of Bicol and presently residing at No. 69 Ward St. Bayan-bayanan Ave, Brgy.,
Conception Uno, Marikina City, shot the victim was shot two (2) times in which hit him in his
right shoulder.

III. FACTS OF THE CASE

3. On or about 8:00 PM of September 11, 2020, Juan Dela Rosa y Rodriguez was walking
along Petron Gas Station Bayan-bayanan. The suspect identified as Eduardo Katakutan shot
the victim two (2) times in which two (2) bullets hit the victim in his right shoulder. The two
(2) police officers, PSMS. Adrian G. Villanueva and PSSg. John Patrick Sapiera responded to
the scene.

4. PSMS. Adrian G. Villanueva, attended to the unconscious victim and calls the Amang
Rodriguez Medical Center for emergency.

5. PSMS. Adrian G. Villanueva and PSSg. John Patrick Sapiera after confirming the identity of
the suspect based on the description of the witness/reportee, the suspect was arrested at
Aling Nena Eatery, 1 meter away from the Petron Gas Station located at Bayan-bayanan Ave,
Brgy., Conception Uno, Marikina City.
 6. PSSg. John Patrick Sapiera to conduct thorough search for possible weapons, he spotted
the .22 revolver loaded with four (4) bullets and wallet with cash worth 10,000 pesos which
belonged to the victim included an identity card and company identification. The firearm .22
caliber and its four (4) bullets are both unregistered, the recovered firearm and ammunition
is now under the custody of this station for investigation and proper disposition.

7. On or about 8:10 PM of September 11, 2020 the police mobile car arrived in the incident
with plate number 1012, and on about 8:15 PM the abovementioned suspect brought to this
station.

8. PSMS. Adrian G. Villanueva and PSSg. John Patrick Sapiera has given their Sworn
Statement at the Conception Uno, Marikina City Pcp-7 at 9:00 AM of September 12, 2020.

9. The witness/reportee Benedict Pena y Vinarao has given his Sworn Statement at the
Conception uno, Marikina City Pcp-7 at 10:AM of September 12, 2020, regarding the shooting
incident that transpired at about 8:00 PM, September 11, 2020 at Petron Bayan-bayanan
Ave., Conception Uno, Marikina City.

10. The victim Juan Dela Rosa has given his Sworn Statement at the Conception Uno, Marikina
City Pcp-7 at 11:00 AM of September 13, 2020.

IV. DISCUSSION

11. The cases of Article 294 of Revised Penal Code (Robbery) and Article 263 no. 4 of Revised
Penal Code (Serious Physical Injury) and R.A 10591 (Illegal Possession of Firearms and
Ammunition) filed against Eduardo Katakutan y Maligno Alias “Pepeng” and being prepared
by this station for inquest before the office of the City Prosecutor.

V. DISPOSITION/ RECOMMENDATION

12. Further development of this case will be sent to the office as soon as obtained.

Prepared by:

PCPl. JERICHO P. ROBANTES PCPT. ROBERTO SILANG

Investigator on case Administering Officer

Republic of the Philippines
Marikina City ) S.S
x------------------------------------x

AFFIDAVIT OF ARREST

1. We, PSMS. Adrian Guevarra y Villanueva and PSSg. John Patrick Angustia y Sapiera
both members of the Philippine National Police, presently assigned at Marikina City Police Station,
after having been duly sworn in accordance with law, do hereby dispose and state that:

2. That, we are the duty Tactical Motorcycle Riders (TMRU) officer at Concepcion Uno Police Sub-
Station, patrolling within the vicinity of Marikina City on September 11, 2020 from 7:00 PM to 8:00
PM.

3. That, on 8:00 PM of September 11, 2020, after an hour of roaming and patrolling along the
highway of Bayan-bayanan Ave, Brgy., Conception Uno, Marikina City. PSMS. Adrian Guevarra y
Villanueva together with PSSg. John Patrick Patrick Angustia y Sapiera decided to take a break for a
while to buy some energy drink in 7/11 convenient store and we suddenly heard a series of two (2)
gunshot sounds.

4. That, On or about 8:01 PM of the same date, a concerned citizen who promptly came in panic.
One, Benedict Pena y Vinarao, 22 years old, rag vendor, single, native of Samar and
residing at No. 80 Corner Street, Bayan-bayanan Ave, Brgy., Conception Uno, Marikina
City, and he reported that a shooting incident happened in Petron Gas Station, Bayan Bayanan Ave,
Marikina City and the victim appears to be unconscious after being shot by the suspect.

5. That, PSMS. Adrian Guevarra y Villanueva together with PSSg. John Patrick Angustia Sapiera after
we received the report, we proceed in the reported place and that thereat, at about 8:02 PM of the
same date.

7. That, PSMS. Adrian Guevarra y Villanueva calls at Amang Rodriguez Medical Center for
medical emergency, the victim appears to be unconscious, and calls the radio operator named,
PSMS. Mike Enroque to verify the veracity of the shooting incident and put on record happened
nearby Petron Gas Station located at Bayan-bayanan Ave, Brgy., Conception Uno, Marikina City
nearby 7/11 convenient store.

7. That accordingly, one, Eduardo Katakutan y Maligno alias “Pepeng”, 38 years of age,
single, construction worker, native of Bicol and presently residing at No. 69 Ward St.
Bayan-bayanan Ave, Brgy., Conception Uno, Marikina City. The suspect eludes at the scene
of the crime using his motorcycle but he suddenly crashed into the electric pole in front of Aling
Nena’s Eatery 1 meter away from the Petron Gas Station.

8. That, PSSg. John Patrick Angustia y Sapiera confirmed the identity of the suspect based on
the report of the witnessed.

9. That, PSSg. John Patrick Angustia y Sapiera conducts a search for the possible weapon, and
spotted a .22 revolver loaded with four (4) bullets and the wallet which belonged to the victim and
it included an identity card and company identification, we proceeded to secure the suspect and
handcuffs for protection accompanied by PSMS. Adrian Guevarra Villanueva at Aling Nena’s Eatery
nearby Petron Gas Station, Bayan-Bayanan Ave, Concepcion Uno, Marikina City.

10. That, the confiscated .22 revolver will undergo proper documentation with the chain of custody
of evidence duly and clearly establish.

11. That, PSSg. John Patrick Angustia y Sapierra immediately informed his offense and
informing his Constitutional Rights as stated in the Miranda Doctrine to the language known to him;
 a. The right to remain silent and any statement he makes, can and it will be used against
him in any court of law in the Philippines.

b. The right to have a competent and independent lawyer in his own choice. If he cannot
afford to hire a lawyer, the government will give or provide one.

11. That, on or about 8:10 PM of September 11, 2020 the police mobile car arrived in the incident
with plate number 1012, and on about 8:15 PM the abovementioned suspect brought to this station.

13. That upon inquiry, the suspect confirmed himself as EDUARDO KATAKUTAN y MALIGNO
alias “Pepeng” 38 years of age, single, construction worker, native of Bicol and presently
residing at No. 69 Ward St. Bayan-bayanan Ave, Brgy., Conception Uno, Marikina City.,
which is also identified and confirmed by the witness.

IN TRUTH TO THESE WE HEREUNTO affixed our signatures below to the truthfulness of the
foregoing.

13. That, we executing this affidavit to attest to the foregoing statement and for purpose of filling
appropriate charges against the suspect for violation of Art. 294 of Revised Penal Code (Robbery)
with Serious Physical Injury (Article 263 no.4 of RPC) and R.A 10591 (Illegal Possession of Firearms
and Ammunition).

That, affiant further sayeth naught.

PSSg. John Patrick Angustia Sapiera PSMS. Adrian Guevarra Villanueva

Affiant Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this 11th day of September 2020 at and I hereby
CERTIFY THAT I have personally examined the affiant under oath and that I am fully satisfied that
he voluntarily executed and understood his statement.

PCPT. George Quirino

Administering Officer

CERTIFICATION

I HEREBY CERTIFY THAT I have personally examined the affiant under oath and I am
fully satisfied that he voluntarily executed and understood his statement.

PCPT. George Quirino

Administering Officer
Republic of the Philippines
Marikina City ) S.S
x-----------------------------------x

AFFIDAVIT-COMPLAINT

I, JUAN DELA ROSA y RODRIGUEZ, 22 years of age, single, native of Surigao Del Sur, and
presently residing at no. 11 Ace St. Bayan-bayanan Ave, Brgy. Concepcion Uno, Marikina City, after
having duly sworn to in accordance with law do hereby depose and say:

1. That I am the complainant in the above-entitled case;

2. THAT I am formally charging EDUARDO KATAKUTAN y MALIGNO alias “Pepeng”, 38 years of

age, single, construction worker, native of Bicol and presently residing at No. 69 Ward St.
Bayan-bayanan Ave, Brgy., Conception Uno, Marikina City, for the crime of Robbery with
violence against or intimidation of persons penalized under Art. 294 of the Revised Penal
Code with Serious Physical Injuries penalized under Art. 263 No. 4 of the Revised Penal Code
and Illegal Possession of Firearms and Ammunition penalized under Sec. 28 of R.A 10591 ,
committed as follows, to wit:

3. I, am currently working as a call center agent.

4. THAT on 8:00 pm of September 11, 2020, while I was walking alone at Petron gas station
located at No. 11 Bayan-bayanan Ave., Brgy. Conception Uno, Marikina City after I got from
work, a motorcycle rider approached me and pointed his gun towards me. I did not follow
the suspect's orders to give my wallet, then he shot me two (2) times and I was hit in my
right shoulder which caused me to fell down on the pavement, I feel the hands of the suspect
reaching my pocket and I saw that my wallet had been taken, I was attempting to identify
the suspect by grapling and pulling on his black t-shirt, but he was stronger than me, then
after a few moments I suddenly lost my consciousness.

5. THAT on the same day, according to PSMS Adrian Villanueva, I was taken to a nearby
hospital or in Amang Rodriguez Medical Center.

6. THAT according to the attending physician Dr. Hayden Chu, the two (2) projectiles pass
through the major organ of the victim which his right humerus bone that cause serious
injury. The wound was severe, and it undergo surgery by removing pieces of bullets, find
and remove pieces of broken or shattered bone and placing drains tubes for body fluids.

7. To examine the injuries that I sustained, the doctor recommended for a healing and rest
period of (14) hours in the hospital as a consequence of the wound at my right shoulder and
also, the time recommended for healing and resting, I was not able to report for work for
three (3) days.

8. That I am executing this affidavit to attest to the truth of the foregoing statements, and for
the purpose of charging EDUARDO KATAKUTAN y MALIGNO alias “Pepeng” for the crime of
(Robbery) with violence against or intimidation of persons penalized under Art.
294 of the Revised Penal Code with Article 263 No.4 (Serious Physical Injury) and
Article 10591 sec.28 (Illegal Possession of Firearms and Ammunition) of the
Revised Penal Code.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 13th day of September
2020, in the City of Marikina, Philippines.

JUAN DELA ROSA y RODRIGUEZ

Complainant/Affiant
 SUBSCRIBED AND SWORN to before me this 13th day of September 2020 at Marikina City,
Philippines and I FURTHER CERTIFY that I have personally examined the affiant and I am satisfied
that he voluntarily executed and understood his foregoing “Complaint of Affidavit”.

MARIO SHERWIN D. LOPEZ

Prosecutor II

Roll No. 69797-2020

IBP No. 8089442- 9/11/20
PTR No. 4128389- 9/11/20;
Marikina
MCLE Compliance III No.
001577
Issued on September, 2020
SWORN STATEMENT

INDEPENDENT AND VOLUNTARY STORY BY JUAN DELA ROSA y RODRIGUEZ, NO. 11 ACE ST.
BAYAN-BAYANAN AVE, BRGY., CONCEPTION UNO, MARIKINA CITY PROVIDED IN INVESTIGATION
BY PCPL JERICHO P. ROBANTES. HERE AT THE 66 LILAC ST. CONCEPTION UNO, MARIKINA CITY
PCP-7, TODAY SEPTEMBER 13, 2020 AT 11:00 AM THROUGH QUESTIONS AND ANSWERS.

(The narrator was informed and reminded of all his rights in accordance with the provisions of the
new constitution.)
QUESTION AND ANSWER
01. QUESTION: Do you know how to understand and write in Tagalog that will be use during this
time of investigation?
ANSWER: Yes sir

02. QUESTION: After informing to you some of your rights based in the New Constitution that was
effective up to the present, are you still willing to give a statement?
ANSWER: Yes sir
03. QUESTION: Can you state your full name, age, and other information that can determine your
identity?

ANSWER: My name is Juan Dela Rosa y Rodriguez, 22 years of age, native of Surigao Del Sur,
and currently residing at No. 11 Ace St. Bayan-bayanan Ave, Brgy., Conception Uno,
Marikina City.

04. QUESTION: What is the reason why are you here in our office and providing us a statement?
ANSWER: I am here to testify about the incident happened.

05. QUESTION: Do you have knowledge about what happened on the incident?
ANSWER: Yes sir

06. QUESTION: Can you tell how the suspect did the crime?
ANSWER: I was about to go home after my work but suddenly I saw a suspect on board on
motorcycle, he approached me and he ordered me to give my wallet. I was shocked
and terrified during that time, but I refused to give my wallet, then he pointed his gun
towards me, he pulled the trigger of his gun and he shot me two times (2) in my right
arm. I fell down on the pavement, and I feel the hands of a suspect reaching my
pocket, and he forcibly took out my wallet inside my pocket. I was attempting to
identify the suspect by grasping and pulling on his black t-shirt, but he was stronger
than me, then after a few moments I suddenly lost my consciousness.
07. QUESTION: How can you say that he is the suspect?
ANSWER: I remember him because he is wearing black t-shirt with markings or inscription “Pogi
Ako” and wearing maong pants. I’m really sure of that because I saw him with my
own eyes.
08. QUESTION: If there’s a chance, can you see the suspect here in the police station?
ANSWER: Yes Sir “Pointing the suspect”, That’s him Sir.

END OF THE STATEMENT: (SEPTEMBER 13, 2020, AT 11:40 AM)

JUAN DELA ROSA y RODRIGUEZ

Affiant
 SUBCRIBED AND SWORN TO before me this September 13, 2020 at Conception Uno,
Marikina City Pcp-7.

PSMS. Tiamzon Emmanuel

Desk Officer

CERTIFICATION
I HEREBY CERTIFY THAT I have personally examined the herein affiant under oath and that
I am fully satisfied that he/she voluntarily executed and understood his/her statement.

PMAJ. ROBERTO SILANG

Administering Officer
Republic of the Philippines
Marikina City ) S.S
x-----------------------------------x

AFFIDAVIT OF WITNESS

I, Benedict Vinarao, 22 years of age, single, rag vendor, native of Samar, presently
residing of No. 80 Corner Street, Bayan-bayanan, Concepcion Uno, Marikina City, after having
sworn in accordance with law, do hereby depose and state:

1. That I was present and I personally saw that the accused, Eduardo Katakutan “Pepeng”
committed the crime of Robbery with Serious Physical Injury and Illegal Possession of
Firearms and Ammunition against the victim Juan Dela Rosa y Rodriguez.

2. That I am going to Petron gas station Bayan-bayanan supposedly to sell my rags and
the aforementioned place is where the crime committed.

3. That I saw the suspect shoot the victim two (2) times while the victim is in front of him
on board Kawasaki 125, painted with color blue and plate number 9875, wearing maong
pants and black t-shirt with markings “Pogi Ako”, after the suspect shot the victim he
suddenly forcibly takes, steal and carry away the wallet of victim in his pocket.

4. That I was the one who approached the two (2) TMRU police officers in 7/11 convenient
store nearby Petron Gas Station.

5. That I was the one who pointed where the suspect has run off after he committed the
crime.

6. That I identified it as a person wearing a black shirt with inscription “Pogi Ako” and is
wearing a maong pants.

I executed this affidavit to attest the truthfulness of the foregoing facts and to support
the filing of Criminal Case against Eduardo Katakutan “Pepeng” y Maligno for the violation of
Article 294 (Robbery) with Article 263 no.4 (Serious Physical Injury) and Article 10591 (Illegal
Possession of Firearms and Ammunition) of the Revised Penal Code.

AFFIANTS SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereunto affixed my signature this 11th day of September,

2020 at, Marikina City, Philippines.

BENEDICT PENA y VINARAO

Affiant

SUBSCRIBED AND SWORN to me before this 11th day of September, 2020 at Marikina
City, Philippines. I HEREBY CERTIFY that I have personally examined the herein affiants
and I am satisfied that they voluntarily executed and understood their given affidavit.

_________________
Notary Public
SWORN STATEMENT

INDEPENDENT AND VOLUNTARY STORY BY BENEDICT PENA y VINARAO, NO. 80 CORNER STREET,
BAYAN-BAYANAN AVE, BRGY., CONCEPTION UNO, MARIKINA CITY PROVIDED IN INVESTIGATION
BY PCPL JERICHO P. ROBANTES. HERE AT THE 66 LILAC ST. CONCEPTION UNO, MARIKINA CITY
PCP-7, TODAY SEPTEMBER 11, 2020 AT 11:00 PM THROUGH QUESTIONS AND ANSWERS
(The narrator is informed or reminded of all his rights in accordance with the provisions of our New
Constitution.)

QUESTION AND ANSWER

01. QUESTION: Do you swear to tell the truth, the whole truth and only the truth in this
investigation?
ANSWER: Yes, I am ready to say what I know

02. QUESTION: In what language did you conduct in this investigation

ANSWER: In English

03. QUESTION: Can you tell me your name and other things that matter to your identity

ANSWER: Benedict Vinarao, 22 years of age, single, rag vendor, native of Samar, presently
residing of No. 80 Corner Street, Bayan-bayanan, Concepcion Uno, Marikina City

04. QUESTION: Do you understand the reason why you are here at this station

ANSWER: Yes, I understand, I am here to give an interpretation of what I witnessed in the

shooting incident that took happened at Petron Gas Station.

05. QUESTION: Can you tell me where are you at August 11, 2020 at 08:59 PM in the evening

ANSWER: I am at in-front of Petron Gas Station at Bayan-bayanan Ave, Brgy Conception Uno,
Marikina City.

06. QUESTION: Can you tell me what you did at the Petron Gas Station Bayan-bayanan Ave, in the
said barangay

ANSWER: I am selling my homemade rags.

07. QUESTION: Can you tell in this investigation if a strange event occurred while you were in the
area on that day and time?

ANSWER: I saw that the unknown person wearing maong pants and black t-shirt with markings
“Pogi Ako” on board on Kawasaki 125, painted with color blue and plate number 9875
approached the victim, the suspect shouted, "Give me your wallet," but the victim
refused, after a few moments he shot the victim twice in his right shoulder.

08. QUESTION: What was the weather like when the incident took place

ANSWER: The weather condition when the incident took place is cloudy and windy.

09. QUESTION: What was the condition of the light when the incident occurred

ANSWER: It's bright, because the light is coming from the street light that is directly in-front of
the Petron Gas Station where I sell my homemade rag and besides that, I have a lamp
shade.
10. QUESTION: Did anyone block your vision when the incident occurred?

ANSWER: None

11. QUESTION: How far are you from the scene of what you are saying?

ANSWER: Approximately 50 centimeters or a half meter away from the incident.

12. QUESTION: Are you sure he was the one you saw that day and time?

ANSWER: I'm sure, because the crime scene is clear because of the light coming from
the street light that is directly in-front of the Petron Gas Station and also, I have a
lamp shade.

13. QUESTION: What happened next?

ANSWER: I immediately hide behind the acacia tree in-front of Petron Gas Station, the
suspect forcibly pulled the wallet in victims’ pocket. The victim was laying on the
ground, trying to defend himself by grasping and pulling on the suspect's t-shirt. At
that point, I ran away and, seeing the two (2) TMRU motorcycle outside the 7/11
convenience shop, I entered and saw the two (2) TMRU police officers and directly
reported the event.

14. QUESTION: Do you know the victim?

ANSWER: No, I don’t know her.

15. QUESTION: Can you describe the culprit?

ANSWER: The suspect is wearing maong pants and black t-shirt with markings “Pogi Ako”
on board on Kawasaki 125, painted with color blue and plate number 9875.

16. QUESTION: Can you describe the gun held that by Eduardo Katakutan “Pepeng” y Maligno?

ANSWER: As what I remembered, it looks small and lightweight handgun and color black.

17. QUESTION: Do you know any reason why Eduardo Katakutan “Pepeng” y Maligno committed
the said crime?
ANSWER: I think he did that because the suspect wants to take and carry the wallet of victim.

18. QUESTION: I will ask you to re -read the questions and answers you provided in this survey so
that you know if there is a missing or excessive statement included or excluded or
if there is a change you remember that does not match the answers you provided.

ANSWER: None

19. QUESTION: Have you been coerced, intimidated, promised or paid in exchange for your
Testimony?

ANSWER: No

20. QUESTION: Are you prepared to retell in court the statements you gave in this investigation?

ANSWER: Yes
21. QUESTION: Can you sign your statement, consisting of two pages, including this page, and
take it under oath?

ANSWER: Yes

END OF STORY: (SEPTEMBER 11, 2020, AT 11:40 PM)

BENEDICT PENA y VINARAO

Narrated

SUBSCRIBED AND SWORN TO before me this 11th day of September, 2020 at Conception
Uno, Marikina City Pcp-7.

PSMS. Tiamzon Emmanuel

Desk Officer

CERTIFICATION

I HEREBY CERTIFY THAT I have personally examined the herein affiant under oath and that
I am fully satisfied that he voluntarily executed and understood his statement.

PMAJ. ROBERTO SILANG

Administering Officer
 Republic of the Philippines
National Police Commission
PHILIPPINE NATIONAL POLICE, National Capital Region
Police Office Eastern Police District
MARIKINA CITY POLICE STATION
Station Investigation and Detective Management Branch
4th Floor Legislative Building, Brgy. Sta. Elena, Marikina City

MEMORANDUM

FOR : The District Director, EPD

(Attn: C, Jovet Baldivino/T3)

FROM : Chief Investigation Section

SUBJECT : FINAL INVESTIGATION REPORT

re Alleged Robbery with Serious Physical Injury and Illegal Possession of
Firearms and Ammunition

DATE : September 13, 2020

I. AUTHORITY/REFERENCE:

1. Blotter Entry No. E-000784476 dated September 11, 2020

2. Being the Duty Investigator assigned at this station when instant case was received.
SPOT REPORT dated September 11, 2020

3. PROGRESS REPORT dated September 12, 2020

4. Standard Operating Procedure

II. MATTERS INVESTIGATED

5. The alleged shooting incident

6. To determine facts and circumstances of the incident
7. To determine other relevant matters that would require further police actions.

III. DETAILS OF INVESTIGATION

8. On or about 8:01 PM of September 11, 2020, Friday and referred to this date and time a
report was given of re Robbery with Serious Physical Injury and Illegal Possession of Firearms
and Ammunition to the victim named Juan Dela Rosa y Rodriguez.

9. That on or about 8:00 PM of September 11, 2020, while the two (2) police officers of TMRU
unit PSMS. Adrian G. Villanueva and PSSg. John Patrick Sapiera takes a break to buy some
energy drink in 7/11 convenient store, Conception Uno Branch. Then and there, the two (2)
police officer suddenly heard a series of two (2) gunshots.

10. Thereafter, a rag vendor as concerned citizen identified himself as Benedict Vinarao, 22
years old, presently residing at No. 80 Corner Street, Bayan-bayanan., Conception Uno,
Marikina City approached PSMS. Adrian G. Villanueva and PSSg. John Patrick Sapiera to report
a shooting incident happened in Petron Gas station located at No. 11 Bayan-bayanan Ave.,
Brgy. Conception Uno, Marikina City.
 11. Thereafter that on or about 8:02 pm, PSMS. Adrian G. Villanueva and PSSg. John Patrick
Sapiera arrived at the crime scene and saw the aforementioned victim unconscious on the
ground.

12. PSMS. Adrian G. Villanueva, attended to the unconscious victim and calls the Amang
Rodriguez Medical Center for emergency.

13. Thereafter on or about 8:03 PM of the same date, the suspect crashes into electric pole
after attempting to elude the incident.

14. PSMS. Adrian G. Villanueva and his partner PSSg. John Patrick Sapiera
immediately approached the suspect and identified as Eduardo Katakutan y Maligno alias
“Pepeng” who was laying on the ground after his motorcycle crashes into electric pole. They
confirmed and recognized the aforementioned suspect based on a concerned citizen's report,
and they noticed a bloody hand mark on the suspect's t-shirt, which assumed that it came
from a gunshot wound on the aforementioned victim.

15. PSSg. John Patrick Sapiera to conduct thorough search on Eduardo Katakutan y
Maligno alias “Pepeng” for weapons, he spotted the .22 caliber revolver loaded with 4 bullets,
and wallet with cash worth 10,000 pesos which may have belonged to the aforementioned
victim included an identity card and company identification, after the search made by PSSg.
Sapiera and confirmed the identity, he arrested him in front of Aling Nena Eatery, 1 meter
away from the Petron Gas Station located at Bayan-bayanan Ave, Brgy., Conception Uno,
Marikina City.

16. The firearm .22 caliber and its four (4) bullets are both unregistered, the recovered
firearm and ammunition is now under the custody of this station for investigation and proper
disposition.

17. On or about 8:10 PM of September 11, 2020 the police mobile car arrived in the incident
with plate number 1012, and on about 8:15 PM the abovementioned suspect brought to this
station.

18. Thereafter, the victim survived in a gunshot wound on his right shoulder, according to
his attending physician Dr. Hayden Chu the two (2) projectile passes through the major organ
of the victim which his right humerus bone that cause serious injury. The victim deemed to
survive in the injury.

19. That the aforementioned victim undergo surgery to remove pieces of bullets, and
removed pieces of broken or shattered bone and placing drains tubes for body fluids. The
doctor recommended for a healing and rest period of (14) hours in the hospital, as a
consequence of the gunshot wounds and also the time recommended for healing and resting,
the victim was not able to report for work for three (3) days.

20. That the suspect has Eduardo Katakutan y Maligno alias “Pepeng” admitted to all the
charges against him.

IV. CONCLUSION

21. Therefore based on the circumstances and information gathered, the cases of Article
294 of Revise Penal Code (Robbery) with the violation of Article 263 of Revise
Penal Code (Serious Physical Injury) and R.A. 10591 also known as Illegal
Possession of Firearms and Ammunitions was filed against the suspect Eduardo
Katakutan y Maligno alias “Pepeng”. He was inquest before the Marikina City
Prosecutors Office on 9:00 AM of September 12, 2021 and docketed under NPS docket no.
XX-69-TNT-0987 by inquest prosecutor, Prosec. Agatha Zapanta De Jesus.

22. The case is considered as solved and closed.

V. RECOMMENDATION

23. Highly recommend that the witness and other elements involved in the positive
resolution of this case should be given reward and commendation.

PCPT. ROBERTO SILANG

Administering Officer