REPUBLIC OF THE PHILIPPINES)

CITY OF CEBU

) S.S

AFFIDAVIT
I, Ramon Christopher R. Nollora, of legal age, a student of Southwestern University College
of Law, a graduating student and a resident of Upper Inayawan, Cebu City, after having been
duly sworn on oath in accordance with law hereby depose and say:
1. That on January 28, 2015 I had observed two proceedings in court, it was a murder case
and one involving illegal number combinations, locally known as SWERTRES;
2. The first case was People v. Guarin and the second case was against a said Mauricio
Jesus. These are handled by Atty. Cesar Gariando, from the Public Attorneys
Office(PAO), these two cases were heard in the sala of Judge Silva A. Paderangga, RTC
Branch 16 of Cebu City;
3. That the first case, a certain Guarin was accused of the crime of murder punished under
article 248 of the Revised Penal Code, the case was set for arraignment, We had the
chance to speak with the accused as to what to say during his arraignment. With the help
of our supervising Attorney, we concur to plead not guilty of the crime charged against
the accused. With that, we might be able to descend the crime charged against him from
murder to homicide, we also had some remedy in our mind such as demurrer to evidence
on the ground of insufficiency of evidence, or perhaps to plead a lesser offense necessary
in the crime charged.
4. That the second case, a certain Mauricio Jesus allegedly caught violating the ordinance
proscribing the illegal number combination game locally known as SWERTRES.
According to the testimony of the lone witness who was also the same police officer who
apprehended the alleged offender, he testify that, at about 5pm in the afternoon when he
was patrolling the area of Barangay Guadalupe, Cebu City. A few distance away from his
patrol car he saw the offender issuing a small piece of paper to some bettors in the
basketball court, which according to him were acts of issuing some bets for the illegal
number game, he then apprehended the accused without the benefit warrant of arrest. He
stated that during the course of the arrest, the accused Mauricio had in his possession an
illegal drugs believed to be Marijuana. Two cases were charged against him, one for the
offense of illegal number combination and for the possession of prohibited drugs.

5. That the second case, our contention was, the arrest was illegal, for it was made without
the warrant of arrest. We believed that the accused was caught in flagrante delicto, for it
is beyond common sense that the apprehending police officer can vividly perceive that
what was issued by the accused was illegal, the distance itself is worth considering, and
the time of the apprehension will tell us that it was already dark during the time of the
arrest. That the allegation was not in inflagrante delicto, it was not made in the presence
or in the view of the apprehending officer. These circumstances would warrant the
illegality of the arrest, more so, the rule is that when the arrest is illegal, any evidence
obtained in the course of the illegal arrest will be rendered inadmissible. Corollary, to the
seized evidence, we moved to suppress the evidence, being a fruit of a poisonous tree.
6. For now, these two cases are just few of what we will be able to encounter in our future
practice, not already as a student of law, but already a practicing member of the BAR

AFFIANT FURTHER SAYETH KNOTH

IN TRUTH WHEREOF, affiant hereby sets its hand on this 12 th of February 2015 at the City of
Cebu, Philippines.

SUBSCRIBED AND SWORN to before me, this 12 th day of February 2015, affiant exhibited to
me his drivers license with no. G11-08-002547 and Professional Identification Card with no.
0050753

Ramon Christopher R. Nollora

Affiant

Atty. Dutch Manuel R. Nollora

Notary Public