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Republic of the Philippines

NATIONAL POLICE COMMISSION


PHILIPPINE NATIONAL POLICE
Sorsogon Provincial Police Office
Camp Salvador Escudero, Sorsogon City
Sorsogon City

June 1,2022

HONORABLE JOSE L. MADRID


Presiding Judge
Regional Trial Court, Branch 51
Sorsogon City

Attention: The Clerk of Court


Regional Trial Court, Branch 53
Sorsogon City

Sir:

Greetings!

Respectfully endorsing to your Honorable Court the Application for Search


Warrant of Police Chief Inspector BALMOND S. NIGHPER, a chief of police officer
presently assigned at Sorsogon Police Station,Sorsogon City, Bicol for your kind
consideration and approval upon finding merit.

Thank you.

Respectfully yours,

Zilong P. Con
Police Chief
Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
Sorsogon Provincial Police Office
Camp Salvador Escudero, Sorsogon City
Sorsogon City

PEOPLE OF THE PHILIPPINES Search Warrant No: 22-32079

Plaintiff FOR: Violation of Section 28, of RA 10591,


otherwise. Known as the “Comprehensive
Firearms and Ammunition Regulation Act of
2012” and Violation of RA 9165, otherwise
known as the “Comprehensive Dangerous
Drugs Act of 2002”
- versus -

Draco Malfoy
Respondent
x ----------------------------------------------------- x

APPLICATION FOR SEARCH WARRANT

COMES NOW, the undersigned, Police Senior Master Sergeant Tobio


Kageyama, of legal age, Sorsogon Police Station of the Sorsogon Police Provincial
with office address at Sorsogon City, Sorsogon y to this Honorable Court,
respectfully avers that:

1. I was informed and have reasons to believe that Draco Malfoy who may
be found at the premises at __________________ and custody of a
_______________ in possession or has in his control which the subject
often brings his gun tucked in his body while he was fishing and likewise,
several illegal drugs locally known as SHABU which he distributed to the
drug users who are also his fellow fishermen, which he is keeping and
concealing in the premises above described.

2. The records/ firearms verification requested by my Office showed that the


respondent has no authority to own and possess firearm/s.

3. The deposition executed by herein affiants Tetsuya Kuruko and Inuyasha


Fanon, the vicinity map and the floor plan of the house obtained through
the conduct of intelligence operations, taken altogether constitute probable
cause for issuance of Search Warrant.

4. WHEREFORE, premises considered, the undersigned prays to this


Honorable Court that a Search Warrant be issued for the purpose of
conducting lawful search of the person and in his house, located at the
aforementioned address and to seize and bring to this Honorable Court
the above described item to be dealt with as the law may direct.

5. Other relief just and equitable under the premises. Likewise prayed for.

City of Sorsogon, Philippines, 4th day of June 2022.

Tobio Kageyama
Police Master Sergeant
Applicant
SUBSCRIBED AND SWORN to before me this 5th day of November 2019 at
Sorsogon City, Philippines.

Gohan Son____
Administering Officer

(Republic of the Philippines)


Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
Sorsogon Provincial Police Office
Camp Salvador Escudero, Sorsogon City
Sorsogon City

CERTIFICATE OF NON-FORUM SHOPPING

I, Police Master Sergeant Tobio Kageyama, of legal age, Sorsogon Police


Station of the Sorsogon Provincial Police Office with office address at Sosogon City
after having been duly sworn to in accordance with law, hereby depose and state:
1. That I am the applicant in the above-entitled case;

2. That I caused the preparation of the foregoing application for


Search Warrant in conformity with my superior officer;

3. That I have read and understood its contents and that they are true
and correct to my own personal knowledge and belief;

4. That I further certify that:


a. I have not commenced any other action or proceeding
involving the same issues before the Honorable Supreme
Court, the Court of Appeals of different division thereof,
tribunal; and or any other
b. That if I should thereafter learn that a similar proceeding has
been filed or is pending before the Supreme Court, the Court
of Appeals, or any other tribunal or agency, I undertake to
promptly inform the aforesaid courts or tribunal or agency
there within five (5) days therefrom.

IN WITNESS WHEREOF, I hereunto affix my signature this 4th day of June 2022 at
Sorsogon City, Philippines.

Tobio Kageyama
Police Master Sergeant
Applicant

SUBSCRIBED AND SWORN to before me this 4th day of June 2022 at


Sorsogon City, Philippines.

Gohan Son
Administering Officer
Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
Sorsogon Provincial Police Office
Camp Salvador Escudero, Sorsogon City
Sorsogon City

MEMORANDUM

FOR : Chief, FEO

Camp Crame, Quezon City

(Attn: C, Records Section)

FROM :Chief Of Police

Sorsogon Police Station

Sorsogon Police Provincial Office

SUBJECT : Request for Firearms Verification

DATE: June 4,2022 :

1. Reference: Republic Act 10591.

2. This Pertains to the intelligence report that Draco Malfoy of Brgy. Sugod
Bacon District Sorsogon City is in possession of unregistered firearm (Caliber
.45). Accordingly, subject often brings his gun concealed in a body bag while
engaging in buy and sell of large cattle.

3. In this connection, we are requesting your good office for Record Check/
Verification whether subject person is a registered firearm owner to be used
as reference in undertaking appropriate police operation.

4. Further, furnish this office thru email address at (email add) the certification
for our reference.

5. For favorable action.

Zilong P. Con
(Name of Head of Office/ COP)
Rank
Unit
Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
Sorsogon Provincial Police Office
Camp Salvador Escudero, Sorsogon City
Sorsogon City

VICINITY MAP
RESIDENCE OF ____________________________
_____________________________________________
Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
Sorsogon Provincial Police Office
Camp Salvador Escudero, Sorsogon City
Sorsogon City

FLOOR PLAN OF THE RESIDENCE OF


_______________________________________________
Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
Sorsogon Provincial Police Office
Camp Salvador Escudero, Sorsogon City
Sorsogon City

PHOTOGRAPH OF THE SUBJECT


Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
Sorsogon Provincial Police Office
Camp Salvador Escudero, Sorsogon City
Sorsogon City

PHOTOGRAPH OF THE AREA DURING CONDUCT OF INTELLIGENCE


OPERATION

Subject residence at
Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
Sorsogon Provincial Police Office
Camp Salvador Escudero, Sorsogon City
Sorsogon City

PEOPLE OF THE PHILIPPINES Search Warrant No: 22-32079


Plaintiff FOR: Violation of Section 28, of RA 10591,
Otherwise known as the “Comprehensive
Firearms and Ammunition Regulation Act of
2012” and Violation of RA 9165, otherwise known
as the “Comprehensive Dangerous Drugs Act
of
2002”
- versus -
________________________
Respondent,
x------------------------------------------- x

RETURN OF SEARCH WARRANT


AND MOTION TO RETAIN CUSTODY OF PROPERTY/IES SEIZED

COMES NOW, the Applicant, Balmond S. Nighper, of legal age, Police Chief
Inspector of the Sorsogon Police Provincial Office with office address at Soorsogon
City to this Honorable Court, respectfully avers THAT:
That on October 8, 2019, this Honorable Court issued Search Warrant No. Entitled
PEOPLE OF THE PHILIPPINES VS. Draco Malfoy for Violation of Republic Act
10591 otherwise known as Comprehensive Firearms And Ammunition Regulation
Act of 2012”.
That thereafter, on or about 10am in the morning of June 5, 2022 the said Search
Warrant No. 22-32079 was served at the residence of the respondent located at
Brgy. Sugod Bacon District Sorsogon City as shown in the hereto attached copy.
That we conducted an orderly search in accordance with law at the residence of the
respondent particularly inside his bedroom in the presence of the respondent and
with two (2) other witnesses identified as Tetsuya Kuroko and Shohoyo Hinata, both
of legal age, residents of the same locality and incumbent barangay officials.
That the search yielded positive for the presence of illegal firearm and ammunition,
as shown in the Certificate of Property/ies Seized duly signed by the parties
concerned and under oath, to wit;

1.
2.
3.
4.
That the search was conducted in a lawful manner, in the presence of the
abovementioned witnesses, no articles were taken without the corresponding
seizure receipt and nobody was harmed in the course of the lawful service of the
search warrant, likewise, several photographs were taken to form part and parcel of
the evidence.

That in order to pursue the case for Violation of RA 10591, there is a need to retain
the said pieces of evidence subject to the search warrant as manifested in the return
and reflected in the Receipt of Property Seized
WHEREFORE, it is respectfully prayed before this Honorable Court that the
return of Search Warrant 2019 – 06 be accepted and granting the undersigned to
have the custody of the aforecited articles pending the termination of the
investigation.

Other reliefs just and equitable under the premises are likewise prayed for.

Sorsogon City, Philippines, June 4, 2022

Police Chief Inspeector Balmond S, Nighper


Rank/Complete Name
Designation
Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
Sorsogon Provincial Police Office
Camp Salvador Escudero, Sorsogon City
Sorsogon City

June 5, 2022
Date

RECEIPT OF PROPERTY SEIZED

THIS IS TO CERTIFY that the undersigned has seized and taken possession
of the property herein below described from Mr./Ms. Draco Malfoy of Sugod, Bacon
District Sorsogon City in accordance with Balmond S. Nighper issued by Honorable
Jose L. Madrid dated June 2, 2022 which search and seizure was done in the
presence of Mr./Ms. Roger D. Marksman to whom the original receipt was given in
the presence of Tetsuya Kuroko and Shohoyo Hinata as witness, on June 4 , 2022.
ITEM NR QUANTITY/DESCRIPTION REMARKS
1 One(1) Caliber4 pistol Found inside the cabinet

2 One(1) KG9 sub machine gun Under the bed

3 Two(2) pcs fragment granade cabinet

Roger D. Marksman
Signature over Printed Name
Seizing Officer

WITNESS TO SEIZURE AND INVENTORY

1. TETSUYA KUROKO 2. SHOHOYO HINATA


Signature over Printed Name Signature over Printed Name
Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
Sorsogon Provincial Police Office
Camp Salvador Escudero, Sorsogon City
Sorsogon City

CERTIFICATION OF ORDERLY SEARCH

TO WHOM IT MAY CONCERN:


This is to certify that at about 1800H of June 5, 2022 , a team composed of 10
Police led by PINSP Alucard S. Pellejera conducted search in my
residence/premises at Brgy. Sugod Bacon by virtue of Search Warrant No. 22-31079
for Violation of R.A 10591 issued by Honorobale Jose L. Madrid , Presiding Judge
Regional Trial Court, Branch 51 on June 1, 2022
That I was present all times and has witnessed the conduct of the search
which was done in an orderly manner, no unnecessary force was employed, nobody
was hurt nor was there anything lost nor property taken without official receipt.
That the search was conducted in accordance with law and in view of hereof,
I do not have any complaint whatsoever against any number of the team that
conducted the search.
IN WITNESS HEREOF, I/WE have hereunto affixed my/our signature this 4 th
day June at Brgy. Sugod Bacon

Draco Malfoy
Owner/Custodian of Property Subject of Search
WITNESS:
Tetsuya Kuroko
Shohoyo Hinata

SUBSCRIBE AND SWORN to before me this 4th day of June at Brgy. Sugod
Bacon

CERTIFICATION
THIS IS TO CERTIFY that I have personally examined the herein affiant and I
am fully satisfied that he/she voluntarily executed and understood his/her statement.

Gohan Son
Administering Officer

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