Republic of the Philippines

PHILIPPINE NATIONAL POLICE

INTERNAL AFFAIRS SERVICE
REGIONAL INTERNAL AFFAIRS SERVICE – NCR
INTERNAL AFFAIRS SERVICE-QCPD
Camp Karingal, SIkatuna Village, Quezon City

IN RE: ADMINISTRATIVE PROCEEDINGS ADMIN CASE NO.

AGAINST RIASNCR-MP12-2022-236

PMSg Alfred Cezar E Esposo FOR: Grave Misconduct

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Republic of the Philippines )

Done in Quezon City )S.s.
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ANSWER
I, PMSg Alfred Cezar E Esposo, of legal age, police officer by
profession, and currently assigned at PNP Presidential Security
Force Unit, NCRPO, Malacanan Palace, Manila , after having been
sworn on oath in accordance with law do hereby depose and say
that:

1. That in addition to the Counter Affidavit which I have

submitted before this honorable forum last September 26, 2022, there
are new development that has risen which was not made part of it
and if duly considered in the proceedings, would be substantially
matter in disposing this instant administrative case against me;

2. That aside from the allegations he countered, he would now

answer the allegations in the Formal Charge executed by PCPT
MARY ANNE B BAYAN, being the nominal complainant in this case.
In her complaint, she alleged the following:

“On September 19, 2022 at about 10:10PM at Kalayaan

Avenue, corner N Garcia, Bel-Air, Makati City, PMSg Alfred
Cezar Espinosa Esposo shot and wounded Jeric Cani, to
the damage and prejudice of the PNP.” [Grave Miscondut-
Section 2(C), paragraph 3® of Rule 21 NMC 2016-002] in
relation to Art. 254 (Discharge of Firearm) of RPC.”

3. The Respondent was left on a quandary that instead of a

commendation and award to be given after he went beyond the call of
duty to save a female victim from possible death and robbery; why he
is facing this kind of prosecution from herein complainant when she
merely based her finding during the conduct of Pre-Charge
Investigation is a mere Spot Report of Makati City Police Station
dated September 20, 2022 without delving on the details of such
report despite the generality that it contain, in itself has given the
justifiable reason why he recourse to the use of reasonable force, viz-
a-viz, “…while traversing

4. The truth of the matter is that after we have ascertained the

hide-out location of fugitive from justice PO1 DE VERA and prior to
our deployment, our team requested for a Pre-Operation Clearance
with the District Director, QCPD for proper coordination not only in the
twelve (12) police stations of QCPD but also to other units of the PNP
particularly within the NCRPO. On August 10, 2016, I, PSINSP
DANILO M SONGALIA prepared the PRE-OPERATION
CLEARANCE which was approved by PSSUPT CRIZALDO O
1

NIEVES, Deputy District Director for Operations, QCPD wherein the

nature of the DSOU Operations is to conduct anti-criminality,
surveillance, service of warrant of arrest and possible police
operations for the period of 5:00PM of August 10, 2016 until 5:00PM
of August 11, 2016 within the areas of responsibility of Quezon City
Police District appearing therein are the names of all members of the
DSOU that would take part on such operations and the cellular
number of the Team Leader;

5. That the office of the DSOU received an information that

former PO1 Levi De Vera y Valient has a standing warrant of arrest
for a case of Robbery before the sala of HON. JUDGE CHARITO B
GONZALEZ of Branch 80 of QC RTC who was said to be hiding at
308 Macaya St., Looban, Brgy. Pasong Tamo, Quzon City. After a
series of validation and conduct of surveillance operations against the
accused, it has been confirmed that PO1 De Vera was hiding at 308
Macaya St., Looban, Brgy. Pasong Tamo, Quezon.

6. Immediately, we were dispatched at around 8:30PM of the

same date and upon arrival at the area, PO1 De Vera was standing in
front of his house, immediately noticed the arresting team’s coming.
We called his attention and the reason of their presence to arrest him
by virtue of a warrant of arrest but instead of surrendering peacefully,
we were surprised when he suddenly drew his firearm at his waist
and pointed the same at my direction (PO2 Engelbert Santos). He
fired two successive shots but fortunately missed. This sudden turn
of events that placed the lives of police officers in danger which
constrained us to retaliate and exchange fire with him resulting to his
neutralization and further avoiding danger to other law enforcers and
the community. At that juncture, we carried the body of PO1 De Vera
and brought him at Quezon City General Hospital for treatment but he

1
ANNEX “2” – Pre-Operation Clearance (PNP Coordination Form) dated August
10, 2016 Noted by PSSUPT ROGARTH BULALACAO OCAMPO, Chief, DSOU
and Approved and Signed for by PSSUPT CRIZALDO OBISPO NIEVES, Deputy
District Director for Operation.
was declared Dead on Arrival by DR. XANDRO DAMALERIO at
around 9:47PM of August 10, 2016;

7. Immediately, a member of our operating cordoned the area

to preserve the integrity of the evidence and the scene of the crime,
coordinated and turned over place to the Scene of the Crime
Operatives of QCPD Crime Laboratory Office for the processing of
the crime scene which was responded by sending PCINSP MARY
GRACE ALVAREZ and her SOCO Team who recovered the
following pieces of evidence:

a. One (1) Colt 1911 A1 Caliber .45 with serial number

951168 loaded with 1 live ammunition and a magazine
containing four (4) live ammunitions;
b. Four (4) unknown pieces of fired cartridge cases;
c. One (1) heat sealed transparent plastic sachet
containing white crystalline substance suspected to be
SHABU;
d. One (1) Caliber .38 paltik revolver; and
e. One (1) PRB 432 Grenade.

8. Upon our return to the DSOU Headquarters, I, PSINSP

DANILO SONGALIA instructed PO3 Erwin G Caranguian and PO2
Engelbert H Santos to draft an Incident Report, detailing the
circumstances that prompted us to use our respective issued
firearms, a copy of which is herein attached which was submitted to
the Chief, DSOU, QCPD and was used as a reference in the
preparation of a Spot Report and for his information. In the said
Incident Report, we detailed the circumstances that prompted us to
use reasonable force against the aggressive and violent police officer
to ensure the lives of other police officers. It stated that:

“1. Please be informed that the undersigned police

officers were compelled to use their issued firearms
against convicted accused PO1 Levi De Vera for after
posing an eminent threat to the lives of the undersigned
and other police officers while serving a warrant for his
arrest issued by Hon. Charito B Gonzales, Presiding
Judge, Branch 80 of QC-RTC dated October 8, 2015.

2. Upon our arrival in front of 308 Macaya St.,

Looban, Brgy. Pasong Tamo, Tandang Sora, Quezon
City, we were noticed by PO1 De Vera. Upon calling his
attention of our purpose in the area, he suddenly drew
his firearm and fired two successive shots at the our
directive which prompted and forced us to retaliate with
our issued firearms neutralizing the convicted accused.
After the armed confrontation and after ensuring that
 there were no longer any threats from the suspect we
immediately rushed him to the hospital for treatment but
was declared DOA at Quezon City General Hospital.
Members of the DSOU who was left at the scene
cordoned the area to secure and preserve the scene of
the crime for the processing of CIDU-QCPD and the
QCPD Crime Laboratory Office.” 2

9. Physical investigation and processing were conducted by

CIDU and SOCO and reports were properly given by the Chief, CIDU
to the District Director, QCPD which was subsequently submitted to
the RD, NCRPO on the same date based on the SPOT REPORT3, 1st
Progress Report4, and After Operation Report5 submitted to the
District Director, QCPD detailing the outcome of the mission/objective
of the operation that was conducted that resulted to neutralization of
convicted felon PO1 Levi De Vera.

10. Resisting arrest and violence is not novel from the

deceased as he was formerly charged administratively for Grave
Threat, Resistance and Disobedience after committing a crime of
robbery of a different and distinct case for which he was convicted. In
fact, an administrative case was filed against him before the District
Investigation and Detection Management Division (DIDMD) which
was included in the RECORD CHECK 6 issued by DIDMD, QCPD
dated February 11, 2016 showing twelve (12) administrative case
ranging neglect of duty to grave misconduct arising from various
criminal activities which the deceased has been involved after
entering the PNP service and for which he had been suspended and
consequently went on Absence Without Official Leave last October 1,
20147 until he was convicted for a case of Robbery by Hon. Presiding
Judge Charito B Gonzales in a Decision dated August 10, 2015. The
dispositive portion states:

2
ANNEX “3” – Memorandum for the Chief, DSOU dated August 10, 2016 with
subject Incident Report Re: Use of Firearm During Confrontation of Convicted
Accused PO1 Levi De Vera for his Arrest by Virtue of Warrant of Arrest.
3
ANNEX “4” – Memorandum from the Chief, DSOU, QCPD dated August 10,
2016 with subject SPOT REPORT; RE – Armed Encounter between Elements of
DSOU and PO1 Levi De Vera y Vallente.
4
ANNEX “5” – Memorandum issued by Chief, DSOU, QCPD dated August 11,
2016 with subject 1st PROGRESS REPORT RE: Armed Encoutner Between
elements of DSOU-QCPD and PO1 Levi De Vera y Valiente
5
ANNEX “6” – Memorandum issued by Chief, DSOU, QCPD dated August 14,
2016 with subject AFTER OPERATION REPORT RE: Armed Encounter
between Elements of DSOU-QCPD and PO1 Levi De Vera y Valiente.
6
ANNEX “7” – RECORD CHECK dated February 11, 2016 issued by SPO4
Bruno T Camba Jr., Pre-Charge Evaluator, DIDMD, QCPD.
7
ANNEX “8” – SERVICE RECORD of PO1 Levi Valiente De Vera dated August
11, 2016 issued by Chief, DPHRDD, QCPD.
 “WHEREFORE, premises considered, judgment
is hereby rendered finding the accused PO1 Levi De
Vera y Vallent GUILTY beyond reasonable doubt of
the crime of simple robbery under Article 293 in
relation to Article 294, paragraph 5, of Revised Penal
Code. The Court hereby sentences him to suffer the
indterminate penalty of 4 years and 2 months of
prision correccional as minimum, to 8 years of
prision mayor as maximum.” 8;

11. From the personality, work, and police background of the

deceased, it specifically shows that PO1 De Vera was bearing
weapons of firearms for which he is brazen with definiteness to use
unlawful force and is willing to use it, fight and kill instead of
surrendering to the DSOU operatives who were merely there to serve
the issued warrant of arrest.

12. In line with the motu-propio investigation now being

conducted by the Honorable Service in determining whether the
provision of Rule 8.4 of the Revised PNP Police Operational
Procedure has been complied as far as the August 10, 2016 armed
encounter with PO1 Levi De Vera is concerned. It could be
considered that DSOU personnel has conducted its operations and
service of Warrant of Arrest issued by a competent court are within
the prescribed procedures are done “BY THE BOOK”;

13. RULE 8 of the Revised PNP Operational Procedure as

provided under PNPM-DO-DS-3-2-13 allows “USE OF FIREARM
DURING POLICE OPERATIONS” when circumstances dictates. It
stated that “The use of firearm is justified if the offender poses
imminent danger of causing death or injury to the police officer
or other persons. The use of firearm is also justified under the
doctrines of self-defense, defense of a relative, and defense of a
stranger. However, one who resorts to self-defense must face a
real threat on his life, and the peril sought to be avoided must be
actual, imminent and real. Unlawful aggression should be present
for self-defense to be considered as a justifying circumstance.” 9;

14. From the above provisions of the POP, it specifically

provides for the justification of the police officers to resort to self
defense when they are confronted with real threat to their lives and
that the situation they have faces are real, actual and eminent that
their safety and the lives of other persons are at stake through the
shots made by the accused and rouge police officer. The allegations
8
ANNEX “9” – DECISION issued by Hon. Charito B Gonzales, Presiding Judge,
Branch 80 of Quezon City Regional Trial Court dated August 10, 2015 in the
case entitled PP vs. PO1 Levi De Vera y Valiente docketed under CRIM CASE
NO. Q-13-181508.
9
Rule 8.1, Revised PNP Operational Procedures, PNPM-DO-DS-3-2-13.
of the responding police officers as to what really transpired, i.e. the
suspect was bearing weapon of firearm is brazen with definiteness to
use unlawful force and that he is willing to use it and kill just to get
even on the operating police officers;

15. Further, by submitting INCIDENT REPORT, SPOT

REPORTS, 1st PROGRESS REPORT, and AFTER OPERATION
REPORT and other documentary evidence proving REGULARITY IN
THE PERFORMANCE OF DUTY such as COORDINATION FORM,
PRE-OPERATIONAL CLEARANCE duly approved by the District
Director, QCPD, herein DSOU personnel has complied with the
requisites of RULE 8.4 concerning the “Filing of an Incident Report
After the Use of Firearm” immediately after the incident as shown in
the preceding paragraphs. The contents of these and other
documents cited above has completely narrated all the circumstances
that led to the death of the suspected illegal personalities;

16. Rule 8.4 of the PNP Operational Procedure provides for

the mandatory filing of an Incident Report After the Use of Firearm.
In the said provision it states that:

“A police officer who fires his service firearm or weapon

during a confrontation with an offender or offenders must
submit an incident report outlining the circumstances
necessitating the use of his firearm.” 10
17. Such mandatory procedures were substantially complied
with by SPO2 Erwin B Caranguian and PO2 Engelbert H Santos after
they have submitted and detailed the circumstances surrounding the
armed encounter with the then unidentified armed suspects who
fought back by shooting the responding police officers;

18. That we are executing this Affidavit to attest the veracity

of the foregoing facts.

IN TRUTH WHEREOF, we are now affixing our signatures this

___ of January 2019 herein Quezon City, Philippines.

PINSP DANILO M SONGALIA SPO2 Renante G Tosoc

PO3 Erwin B Caranguian PO3 Harold O Birosel

PO2 Julius D Albao PO2 Engelbert H Santos

10
Rule 8.4, Ibid.
 Subscribed and sworn to before this _______________ herein
Caloocan City, Philippines.

Republic of the Philippines

National Police Commission
Philippine National Police
National Capital Region Police Office
QUEZON CITY POLICE DISTRICT
DISTRICT SPECIAL OPERATIONS UNIT
Camp Maj.Gen. Tomas B Karingal, Sikatuna Village, Quezon City

MEMORANDUM

FOR : Chief, DSOU, QCPD

SUBJECT : Incident Report Re: Use of Firearm During

Confrontation
with Convicted Accused PO1 Levi V De Vera

DATE : August 10, 2016

1. References:
a. Verbal Instruction of the Chief, DSOU dated August 10, 2016;
b. Warrant of Arrest dated October 8, 2015 issued by HON. CHARITO B
GONZALES, Presiding Judge, Branch 80, QCRTC on a case entitled PP
vs. PO1 Levi V De Vera, Crim. Case No. Q-13-181508;
 c. Decision dated August 10, 2015 issued by HON. CHARITO B
GONZALES, Presiding Judge, Branch 80, QCRTC on a case entitled PP
vs. PO1 Levi V De Vera, Crim. Case No. Q-13-181508;
d. DSOU Official Blotter/Dispatch Book with entry number 136 dated
August 10, 2016; and,
e. Pre-Operation/Coordination dated August 10, 2016.

2. Above references pertains to the armed confrontation that transpired last August
10, 2016 on or about 9:05PM in front of house no. 308 Macaya St., Looban, Brgy.
Pasong Tamo, Tandang Sora, Quezon City during the service of Warrant of Arrest.

3. Please be informed that the undersigned police officers were compelled to use
their issued firearms against convicted accused PO1 Levi De Vera for after posing an
eminent threat to the lives of the undersigned and other police officers while serving a
warrant for his arrest issued by Hon. Charito B Gonzales, Presiding Judge, Branch 80 of
QC-RTC dated October 8, 2015 after being convicted in a crime of Robbery.

4. Upon our arrival in front of 308 Macaya St., Looban, Brgy. Pasong Tamo,
Tandang Sora, Quezon City, we were noticed by PO1 De Vera. Upon calling his
attention of our purpose in the area, he suddenly drew his firearm and fired two
successive shots at the our directive which prompted and forced us to retaliate with our
issued firearms neutralizing the convicted accused. After the armed confrontation and
after ensuring that there were no longer any threats from the suspect we immediately
rushed him to the hospital for treatment but was declared DOA at Quezon City General
Hospital. Members of the DSOU who was left at the scene cordoned the area to secure
and preserve the scene of the crime for the processing of CIDU-QCPD and the QCPD
Crime Laboratory Office.

5. Found within the control and possession of the accused were the following items:

a. One (1) Colt 1911 A1 Caliber .45 with serial number 951168 loaded
with 1 live ammunition and a magazine containing four (4) live
ammunitions;
b. Four (4) unknown pieces of fired cartridge cases;
c. One (1) heat sealed transparent plastic sachet containing white
crystalline substance suspected to be SHABU;
d. One (1) Caliber .38 paltik revolver; and
e. One (1) PRB 432 Grenade.

6. Submitted as directed.

PO3 Erwin B Caranguian

PO2 Engelbert H Santos