RHIC RYAN LHEE V.

FABIAN - LLB 03 LEGAL FORMS

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
2ND Judicial Region
Branch 36
Santiago City

PEOPLE OF THE PHILIPPINES,

Plaintiff,
CRIMINAL CASE NO. 12345
-versus- FOR: Violation of Section 11
Article II of R.A. 9165
RENEBOY C. DALISAY
Accused.
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JUDICIAL AFFIDAVIT
In lieu of the oral testimony in court of CPL JULIUS F. DELA CRUZ,
the plaintiff of this case, his Judicial Affidavit is being offered pursuant to
A.M. 12-8-8-SC, known as the Judicial Affidavit Rule, for the Following
purposes, THUS:

1. He will testify in order to prove all the allegations in the

Information instituted by the Santiago City Prosecutor’s Office;

2. To prove that the accused violated the Section 11, Article II of RA

9165;

3. He will prove that documents provided and exhibits are authentic.

PRELIMINARY STATEMENT

I, CPL Julius F. Dela Cruz, Filipino, of legal age, single and a resident
of Barangay Centro East, Santiago City, Philippines, one of the arresting
officer in the above case, state under oath as follows:

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 I am executing this Judicial Affidavit in Tagalog and was translated to
English in which I also understand.

The person examining me is ATTY. GRESTER JOHN A. HERNANDEZ

with the law office address at National Highway Barangay Turod Norte,
Cordon, Isabela, Philippines. My Judicial Affidavit is being taken at the
above mentioned place in the presence of my companions. The questions
are asked in the English language but are translated in Tagalog which I
speak and fully understand.

I am answering his questions fully conscious that I do so under oath

and may face criminal liability for false testimony and perjury.

OFFER OF TESTIMONY
This Affidavit is being offered to prove that the Accused, Reneboy C.
Dalisay, is guilty of the crime being charged.

It is respectfully prayed that this Judicial Affidavit of CPL Julius F. Dela

Cruz be admitted as the Direct Examination of the witness in order to
expedite the proceeding.

DIRECT EXAMINATION QUESTIONS

1. Q: Mr. Witness please state your name and other personal
circumstances for the record
A: I am Corporal Julius F. Dela Cruz assigned at Police Station 02
Santiago City, Filipino, 30 years old, single, and a resident of Centro
East, Santiago City.

2. Q: Do you know a certain Reneboy C. Dalisay?

A: Yes I do

3. Q: How do you know HIM?

A: We arrested him for violation of Section 11, Article II of RA 9165
also known as illegal possession of dangerous drugs.

4. Q: When was this? Can you recall?

A: Yes, this happened last January 23, 2013, at around 12:20 A.M.
together with Patrolman Manubay we were conducting mobile patrol
when we received a threat report from RO-AN Glassware at Doña

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 Aurora Street, Victory Norte, Santiago City alleging that they were
frequently passed to and fro by a motorcycle riding in tandem. We
then immediately proceeded to the area and were able to intercept an
individual in his motorcycle and subject him for questioning. I
requested him to raise his shirt and bring out the contents of his
pocket which the person willfully complied.

5. Q: What was the item/s did you found?

A: We were able to find a folded paper.

6. Q: What was inside the folded paper?

A: We asked the person to open the folded paper and it contains three
(3) sachets containing white powdery substance suspected for shabu.

7. Q: I will be marking the folded paper containing the sachets of white

powdery substance as Exhibit “A” do you agree?
A: Yes sir.

8. Q: What happen next?

A: We immediately handcuffed/arrested him and informed him the
nature of his arrest, we also informed him of his constitutional rights.
Then we brought him to Police Station 02 for further investigation,
documentation and proper disposition. And upon further
investigation the accused name was Reneboy C. Dalisay, 31 years old,
single, laborer presently residing at P4 Tandang Sora Ave., Victory
Norte, Santiago City. We then took mugshot of the accused and
immediately send a sample of the seized evidence to Santiago City
Crime Laboratory Office for laboratory analysis.

9. Q: What was the result of the lab analysis of the seized evidence by
the Santiago City Crime Laboratory?
A: The Santiago City Crime Laboratory per Crime Lab Analysis Report
No. 2013-02-123 dated January 23, 2013 confirmed that the seized
evidence was positive for Methamphetamine also known as “shabu”.

10. Q: I will again be marking the Crime Laboratory Analysis Report No.
2013-02-123 issued by Santiago City Crime Laboratory as Exhibit
“B”, do you agree?
A: Yes sir

11. Q: What happen next?

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 A: After gathering the needed documents and evidence we
immediately subject the accused for inquest proceeding to Santiago
City Prosecutor Office for proper filing of information.

12. Q: Do you have anything else to add?

A: No more sir.

13. Q: Are you willing to sign this Judicial Affidavit?

A: Yes sir.

IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of March
2019, at Centro East, Santiago City, Philippines.

CPL. JULIUS F. DELA CRUZ

AFFIANT

SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in and

for Santiago City this 8th day of March 2019. Affiant personally came and
appeared with PNP ID. 1234567 issued by the Philippine National Police
(PNP) on November 7, 2015 at Santiago City, bearing his photograph and
signature, known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law to the
whole truth of the contents of said instrument.

ATTY. TIMOTHY JOSEPH C. FERNANDEZ

Roll No. 12345-2018
IBP No. 123456-1/15/18
PTR No. 124567-1/15/18; Isabela

Doc No. 151

Page No. 5
Book No. 2
Series of 2019

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 MANIFESTATION

May I request this Honorable Court a few words to ponder in the act of the
defendant by mere hiding these past years constitutes an abuse of
confidence over my client. The mere fact that he did not show even with
numerous attempt from my client for him to settle his obligation shows that
the trust entrusted by my client over him was violated.

ATTESTATION CLAUSE

I, ATTY. GRESTER JOHN A. HERNANDEZ, hereby attest that I

faithfully recorded the questions propounded and the corresponding
answers given by the affiant, CPL JULIUS F. DALISAY. I duly interpreted the
questions I asked in Tagalog which my client understands and he provided
the answers the best way he could which were duly translated by me in the
English Language. I did not in any way coach or taught or instruct the
witness on how to answer or any other person or persons then present or
assisting the witness regarding the latter’s answer.

ATTY. GRESTER JOHN A. HERNANDEZ

AFFIANT

SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in and

for Santiago City this 8th day of March 2019. Affiant has voluntarily
exhibited to me his identification card bearing 58426-2020 with his picture
and signature as competent proof of his true identity.

ATTY. TIMOTHY JOSEPH C. FERNANDEZ

Roll No. 12345-2018
IBP No. 123456-1/15/18
PTR No. 124567-1/15/18; Isabela

Doc No. 152

Page No. 5
Book No. 2
Series of 2019