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Republic of the Philippines

REGIONAL TRIAL COURT


Seventh Judicial Region
Branch ______, Cebu City
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. ______
For: Illegal Possession of
Firearm
-versusALBERTO SIMON GONZALES
Accused.
JUDICIAL AFFIDAVIT OF SPO4 GREG SANTOS
(Taken on March 20, 2014 by Prosecutor Alvin Magbanua at the
City Prosecutors Office, Osmena Boulevard, Cebu City)
PURPOSE:
ATTY. ALVIN MAGBANUA:
Prosecution moves to offer in evidence the testimony of SPO4
Greg Santos, through this Judicial Affidavit, for the following
purposes to prove that:
1. The Philippine National Police Station 2 at Fuente Osmena,
Cebu City received an anonymous call that a certain
commotion occurred due to several gunshots allegedly heard
coming from Barangay Sambag II, Cebu City;
2. That the station commander immediately ordered to conduct
an ocular inspection and investigate the matters subject of
the emergency call;
3. That in compliance with said order, I, along with two other
police officers went to said place of the alleged incident to
investigate;
4. That such proper procedure and protocols for warrantless
arrest and frisking were observed by the arresting officers
who likewise conducted such investigation;
5. He will also identify certain documents and pieces of
evidence and other facts in relation to the apprehension that
was conducted by said police officers.

ATTY. MAGBANUA TO THE WITNESS:


Q1: Kindly state your name and other personal circumstances.
A: I am SPO4 Greg Santos, 35 years old, married and
presently residing at Barangay Sta. Cruz, Cebu City, Cebu.
Q2: You are reminded that your answers to the questions to be
asked of you in this Judicial Affidavit are being made under oath
and that you may face criminal liability for perjury or false
testimony with respect to statements that you shall make here.
Are you willing to proceed with the taking of the Judicial Affidavit?
A: Yes, Sir. I am fully aware of that and I am willing to
proceed with my testimony.
Q3: For the record, can you please state your current position and
other personal circumstances?
A: I am SPO4 Greg Santos, currently assigned at Philippine
National Police Station 2 at Fuente Osmena, Cebu City.
Q4: How long have you been in service with the Philippine
National Police?
A: Ten (10) years, sir.
Q5: As a police officer, what are your principal duties and
functions?
A: I am the team leader of the Special Investigation Group of
PNP Station 2 at Fuente Osmena, Cebu City.
Q6: Who is this Alberto Simon Gonzales who is accused of Illegal
Possession of Firearms?
A: He was the man I arrested last September 20, 2013 at
Barangay Sambag II, Cebu City for carrying a .45 Caliber
pistol with an expired license as we were investigating an
alleged shooting incident in the area.
Q7: When was this investigation conducted?
A: It was conducted on September 20, 2013 at around 10:00
in the evening, sir.
Q8: What was this investigation about?

A: This was about a reported incident from an anonymous


caller who mentioned that several gun shots were heard in
the within the vicinity of Barangay Sambag II, Cebu City.
Q9: When did you receive this emergency call from the
anonymous caller?
A: Around 9:00 in the evening of September 20, 2013, sir.
Q10: Who received this emergency call?
A: I did, sir.
Q11: After receiving the emergency call, what did you do next?
A: I told our station commander, Police Chief Inspector
Arvind Mijares, about the reported incident from the
anonymous caller.
Q12: What was the response of your station commander?
A: He told us to immediately conduct an ocular inspection of
the said place of the alleged incident and investigate on the
matter subject of the emergency call.
Q13: What transpired next?
A: I, along with two other police officials, went to Barangay
Sambag II to investigate on the alleged incident.
Q14: What happened thereafter?
A: Upon arriving at the place, we only saw a group of men
drinking near the Barangay Hall. The accused, Alberto Simon
Gonzales was with the group.
Q15: What did you do thereafter?
A: I approached them and started asking them about the
reported incident in the area.
Q16: What was their answer?
A: The accused stood up and arrogantly answered with
threat and insult, wala koy pakialam sa inyo
gipangutana, wala ba mo kaila nako? Ako ang hari diri
nga lugar, mao nga panghawa namu! which in English

meant I do not care what you are asking me about. Do you


not recognize me? I am the king of this place so I suggest
you should leave! The guys was pointing at us when he
uttered those words.
Q17: How did you respond?
A: I said, Sir, mga police mi ug nag-imbestiga ra mi sa
insidente diri kay naa nitawag sa amua nga naa daw
sila nadunggan nga naay namusil which in English
meant, We are police officers and we are here to investigate
based on an emergency call telling us that they heard
gunshots in the area.
Q18: What happened next?
A: The accused said, Wala mi kahibaw anang
panghitaboa which in English meant, We do not know
what you are talking about. Afterwards, they started
walking away from us.
Q19: What did you do to that effect?
A: I did nothing, sir. However, as they turned their back at us
and started walking away, I noticed that something was
bulging around the waist of the accused. So I halted them.
Q20: What did they do when you halted them?
A: The accused suddenly pulled his shirt and showed me his .
45 caliber pistol which prompted me to draw my service
firearm and ordered them to stay on the ground.
(.45 Caliber Pistol bearing serial
previously marked as Exhibit B)

number

13356

Q21: Did they obey your command?


A: Yes, sir. And the accused said, Pucha, legal ni akong
pusil kay naa koy permit, which in English meant, What
the hell, my firearm is legal since I have a permit.
Q22: What did you do next?
A: I asked him to show me his permit to carry the said
firearm outside residence (PTCFOR).
Q23: What did the accused do?

A: He showed me his PTCFOR. But I noticed that the accused


presented an expired PTCFOR.
(PTCFOR with Control Number 12345-10 previously
marked as Exhibit C)
Q24: What happened next?
A: I immediately apprehended the accused while reciting to
him his Miranda rights and brought him to the police station
for questioning.
Q25: What transpired during the questioning at the police station?
A: We found out that the accused was a Barangay Councilor
at Barangay Sambag II, Cebu City. Hence, we immediately
prepared the necessary complaint affidavit for the proper
filing of the case against the said Barangay Councilor.
(Complaint-Affidavit of SPO4 Greg Santos previously
marked as Exhibit A)
Q26: What did you do with the Complaint-Affidavit?
A: We submitted it to the Cebu City Prosecutors Office.
Q27: Kindly go over and read all the questions and answers in this
Judicial Affidavit and let me know if you have some corrections to
be made.
A: (Witness reading the Judicial Affidavit) I have read the
questions and answers contained in this Judicial Affidavit and
I have determined based on my persona knowledge that the
contents are true and correct.
Q28: Do you affirm under oath the truth of everything that is
contained in this Judicial Affidavit?
A: Yes, sir.
IN WITNESS WHEREOF, I hereunto affix my signature this 20 th
day of March 2014 at Cebu City, Philippines.
SPO4 GREG SANTOS
Affiant

SUBSCRIBED AND SWORN TO before this 20 th day of March


2014 at the City Prosecutors Office, Osmena Boulevard, Cebu
City, with Affiant exhibiting his GSIS UMID with RN 000006-3665-9
as competent proof of identity.
Doc No. ________
Page No. _______
Book No. _______
Series of 2014.

ATTESTATION
I, ALVIN MAGBANUA, after having been duly sworn according
to law, attest that:
1. I am the Lawyer who conducted the taking of the
foregoing Judicial Affidavit of SPO4 Greg Santos;
2. I faithfully recorded the questions I asked and the
corresponding answers that the aforesaid witness gave,
and
3. Neither I nor any other person then present or assisting
me coached the witness regarding her answer.
ALVIN MAGBANUA
Affiant
SUBSCRIBED AND SWORN TO before this 20 th day of March
2014 at the City Prosecutors Office, Osmena Boulevard, Cebu
City, with Affiant exhibiting his Drivers License with license
number 000003-4556-7 as competent proof of identity.

Doc No. ________


Page No. _______
Book No. _______
Series of 2014.

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