REPUBLIC OF THE PHILIPPINES )

PROVINCE OF NEGROS OCCIDENTAL ) S.S

CITY OF SAGAY )
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AFFIDAVIT OF ARREST

I, PO1 MICHAEL S ACUMABIG (PO1 ACUMABIG for brevity) 32 years old, married, a
resident of Sta. Cruz Heights, Barangay Banquerohan, Cadiz City, and a regular member of
Philippine National Police presently assigned with Station Drug Enforcement Unit
(SDEU)/Intelligence Section based at Cadiz City Police Station, Cadiz City, Negros Occidental,
after having been duly sworn to in accordance with the law do hereby depose and say;

1. That our mission is to conduct intelligence operations against group or individuals

involved in pushing or using illegal drugs in the locality of Cadiz City, and for several
occasions, this station continuously conducted intelligence monitoring and/or
surveillance operations against those drug personalities and places of their hang-outs
for the possible identification, planning, operation and/or apprehension of suspect/s;

2. That despite of the Government’s intensified campaign against illegal drugs otherwise
dubbed as the “War on drugs” and “Reboot OPLAN TOKHANG”, this station
persistently received reports concerning the proliferation of illegal drug trades/activities
within the locality of Cadiz City;

3. That the person of JOEBERT FERNANDEZ y DELOS REYES alias “Jing”,

(FERNANDEZ for brevity) has been monitored as one identified in pushing/selling
illegal drugs especially “SHABU” in the locality of Cadiz City;

4. That on March 05, 2019 at around 5:30 in the afternoon, we started the conduct of
continuous series of Surveillance, Casing, and/or Monitoring Operation in different
occasions of dates and time, respectively in order, along with our Confidential Agent
(CA for brevity) of those identified drug personalities who are really engaged especially
selling shabu as reflected in the Blotter Book with blotter entry numbers: 20190860,
20190878, 20190902, 20190946 and 20190959 and as per validation and
confirmation being conducted by our unit/office, it yielded positive result of those drug
personalities that were engaged in Illegal Drug Trade or Activity;

5. That at around 12:00 o’clock noon of March 14, 2019, after I conducted the close
intelligence Casing, Monitoring and/or Surveillance Operation with the aid of our
Confidential Agent (CA) who was also a regular and/or trusted customer or buyer and
have accessed to the subject Fernandez for he was able to buy Shabu several times in
different occasions and upon validation, counterchecking and confirmation that the
subject was really engaged in the said illegal drug trade/activity wherein his place of
operation covers the area of Cadiz City Proper, Brgy. Tinampa-an, and Brgy.
Tiglawigan, all of Cadiz City, Negros Occidental, I immediately thereafter informed and
reported to PCI ROBERT R MANSUETO, Officer in-Charge (PCI MANSUETO for
brevity) the result of the aforesaid surveillance operation as a responsible recipient
officer of intelligence information result gathered, collected and collated based on a
need-to-know principle;

6. That at around 10:30 in the morning of March 15, 2019, I was personally informed by
our CA that he was able to buy Shabu worth Five Hundred Pesos (Php 500.00) at the
subject’s place/residence situated at Block 19, Lot 29, St. Patrick Homes, Brgy.
Tiglawigan, Cadiz City, Negros Occidental and further informed me that he (CA)
was able to make an arrangement and/or transaction with the subject to buy another
Five Hundred Pesos (Php 500.00) worth of Shabu if he (Fernandez) has still remaining
items or shabu packed in Five Hundred pesos worth per sachet for he has an intimate
drug user friend who would like to buy such amount of shabu for their personal
consumption only, which the subject agreed upon and he (CA) was then further advised
by the subject (Fernandez) to meet him only at the back portion of Ceres Terminal
situated at Andrea Village, Brgy. Zone-3, Cadiz City, Negros Occidental in between time
of 1:30 to 2:30 in the afternoon of March 15, 2019 for he (Fernandez) will be
 disposing/distributing his illegal drugs or shabu to some of his regular or trusted
customers/buyer in that particular area, immediately thereafter, I personally informed
PCI MANSUETO, Officer in-Charge/Team Leader of the aforesaid prior agreed
transactions between the subject and our CA, thus, due to the nature and urgency of
the situation and the lack of material time for intelligence operatives to conduct a Test-
buy operation, PCI MANSUETO as our Team Leader immediately directed to prepare
for the possible conduct of a Buy-Bust operation depending on the prevailing situation;

7. That at around 12:30 in the afternoon of March 15, 2019, PCI MANSUETO as our
Team Leader called up all intelligence operatives in a safe house within the locality of
Cadiz City for the plan of actual Buy-Bust Operation along with our confidential agent
(CA), wherein he discussed the assignments and tasking of each participating
intelligence operatives, and as directed and agreed, I will act as Police Poseur-Buyer
and likewise designated as Arresting and/or Seizing or Custodian Officer as stated in
the PNP REVISED MANUAL ON ANTI-ILLEGAL DRUGS OPERATIONS AND
INVESTIGATION (2014), (modification of composition and functions of team
members, if necessary, based on the demands of the situations) defined in
CHAPTER 3-1, Section 3.1, paragraph (a), subparagraph (10) , accompanied with our
CA using Marked Money One (1) piece Five Hundred Peso bill with Serial Number
SV601655 with underlining “PISO” in the word LIMANDAANG PISO and I will tap my
bull cap visor and/or head as a pre-arranged signal that I already had and safely keep
under my custody and control the suspected shabu and my immediate back-up security
would be PO1 JONATHAN PAUBSANON (PO1 PAUBSANON for brevity) together
with the other intelligence operating personnel who would be staying inside the tinted
private vehicle and strategically positioned the vehicle in viewing distance with our
location or place of transaction;

8. That at around 1:10 in the afternoon of March 15, 2019, as per direction by our Team
Leader PCI MANSUETO, I went back to police station and have it recorder in the blotter
book pertaining the operation before the conduct of actual Buy-Bust operation after
coordination with the PDEA 6, Iloilo City thru text message with Coordination Number
20003-032019-0106, with Date/Time received 15 1307H March 2019, valid from 15
1307H March 2019 to 17 1307H March 2019 and immediately thereafter, we prepared
ourselves and some last minute of instructions and/or reminders was given by PCI
MANSUETO and subsequently, I together with our CA proceeded in advance in the
aforementioned given and/or agreed place of transaction situated at Andrea Village,
Brgy. Zone-3, Cadiz City, Negros Occidental at the back portion of Ceres Terminal
while my back-up security together with some other intelligence operating police
personnel who were onboard a tinted private vehicle and strategically positioned
themselves in viewing distance from us, and thereafter several minutes, our subject
(Fernandez) arrived onboard his driven single motorcycle and that prompted us to
approached him wherein our CA immediately introduced me as his friend who would
like to buy for only Five Hundred pesos worth of shabu while my face was clad with a
black handkerchief serving as mask to avoid from being detected, but our subject
(Fernandez) declined to give us such item or shabu for his several sachets of illegal
drugs were already distributed and he has nothing left and told us that if I really wanted
to buy, we should just go over his place of residence for our CA knows where he
(Fernandez) resides, hence, we agreed that we will be going over his place for that
reason and immediately thereafter, I called up through cellular phone and informed our
Team Leader regarding the change of place of transaction and option made by the
subject wherein PCI MANSUETO directed to proceed with the second option of
operation considering that this would be the diversionary tactics of the subject;

9. That at around 2:30 in the afternoon of March 15, 2019, I together with our CA
arrived at the residence of the subject (Fernandez) while some of the intelligence
operating police personnel who were onboard the tinted private vehicle discreetly and
strategically followed us in viewing distance, thus, we alighted from our boarded single
motorcycle and our CA called up outside of the house and moments later, our subject
(Fernandez) went outside the house while carrying and wiping out what appears to me
as an Improvised Twelve (12) Gauge Shotgun locally known as “SULPAK” and laid it on
top of the table and he told us in vernacular language to quote “OH! KAMO GALI
PART?”, hence, he went closer to us and open their steel gate and subsequently, I
handed over to him the Marked Money One (1) piece Five Hundred Peso bill with
Serial Number SV601655 with underlining “PISO” in the word LIMANDAANG PISO
 which he received and safely placed it on his Left Front Pocket and in exchanged, he
gave me One (1) piece small elongated heat-sealed transparent plastic sachet of
suspected Shabu now marked as “BBJF” (Buy-Bust Item) which he was already
handling and I safely placed it in my Right Front Pocket, at this juncture, before I was
able to execute the pre-arranged signal, the subject (Fernandez) suspiciously sensed
that the person he was transacting was a police officer and immediately ran back inside
their house, hence, I immediately ran after him and we grappled with each other and
that all other intelligence operatives rushed inside towards us and subsequently, he was
later subdued with the aid of my back-up security and some other intelligence operating
police personnel;

10. That subsequently thereafter, I informed him of his constitutional rights in a language or
dialect known to or understood by him as embodied in the Constitution and likewise
informed also of his rights under R.A. No. 9745 otherwise known as the “Anti-Torture
Law” of his rights to demand physical examination by a doctor of his own choice, and I
further asked and requested him if he has pertinent legal documents to present like the
Permit To Carry Firearms Outside Residence (PTCFOR) and if he is a Firearm License
Holder but he denied and failed to present such documents, and that I conducted a
bodily searched upon his person incidental to his lawful arrest in the presence of the
herein required witnesses where I recovered from his Possession and Control the
following, to wit; Three (3) Big elongated heat-sealed transparent plastic sachets of
suspected shabu respectively now marked as “JF-1”, “JF-2” and ”JF-3” which were
all recovered from his Right Rear Pocket; One (1) piece Marked Money One (1) Five
Hundred Peso bill with Serial Number SV601655 with underlining “PISO” in the
word LIMANDAANG PISO recovered from his Left Front Pocket; One (1) Unit Twelve
(12) Gauge Improvised Shotgun locally known as “SULPAK” now marked as “JF-4”
and Two(2) live cartridges of caliber .380 respectively now marked as “JF-5” and “JF-
6” which were all placed and recovred on top of the table;

11. That markings, inventory and documentation of all recovered/seized evidence was
conducted at the site/place of operation and started at around 2:50 in the afternoon
of March 15, 2019 in the presence Barangay Kagawad ANTONIO Q IPO, elected
official, Media Representative ROGER GUTIB, DOJ Representative JERROLD
N MANZANILLA, the accused, and arresting and/or seizing officer and likewise
were given a copy thereof as required under Section 21 of Article II of R.A.
9165 or The Comprehensive Dangerous Drugs Act of 2002 as amended by
R.A. 10640 to preserve the integrity and probative evidentiary value of the said
pieces of evidence and likewise ended at around 3:10 in the afternoon of same date
as reflected in the Certificate of Inventory Receipt, and further referred them at Cadiz
City Emergency Clinic, Cadiz City, Negros Occidental;

12. That subsequently thereafter, I placed it inside a medium size transparent plastic sachet
and sealed it with tape all the Three (3) Big heat-sealed transparent plastic sachets
of suspected shabu respectively now marked as “JF-1”, “JF-2” and ”JF-3”
(Possession and Control Items) and One (1) piece small elongated heat-sealed
transparent plastic sachet of suspected Shabu now marked as “BBJF” (Buy-Bust
Item) likewise placed in another tape-sealed the Two (2) Live Cartridges of caliber
.380;

13. That I was the one who marked all the recovered pieces of drug and non-drug
evidence, to wit:

A. One (1) piece small elongated heat-sealed transparent plastic sachet of

suspected Shabu now marked as “BBJF” (Buy-Bust Item) weighing ______
gram,
B. Three (3) Big heat-sealed transparent plastic sachets of suspected shabu
respectively now marked as “JF-1” weighing ______ gram, “JF-2” weighing
______ gram, and ”JF-3” weighing ______ gram, (Possession and Control
Items) having a Total Weight of ______gram/s which all yielded positive result
for the presence of Methamphetamine Hydrochloride or “Shabu”, a Dangerous
Drug as reflected in the Crime Laboratory Result and personally turned it over
to Regional Crime Laboratory Office 6, Iloilo City by the investigator on case
PO2 GLENN CORDERO as reflected in the Chain of Custody Form the
aforementioned seized illegal drugs evidence, while the Two(2) live cartridges
 of caliber .380 respectively now marked as “JF-5” and “JF-6” and One (1) Unit
Twelve (12) Gauge Improvised Shotgun locally known as “SULPAK” now
marked as “JF-4” was further subsequently referred back for crime laboratory
examination at NOCCPO Crime Laboratory, Bacolod City by the aforementioned
investigator on case for reason that there was a ballistic examiner designated
and assigned at NOCPPO Crime Laboratory, Bacolod City to conduct
examination of the aforesaid recovered firearm and ammunition as reflected
likewise in the Chain of Custody Form, and finally photographed the same by
PO2 MICHAEL S BARRIOS.

That I am executing this foregoing affidavit to prove the facts alleged therein and in support
for filing of the criminal complaints for violations of Sections 5 and 11 of RA No. 9165, violation of
Section 28 (a) of RA No. 10591 and COMELEC Resolution No. 10446, RULE 2, Section 2, par
(a) or Rules and Regulations on the Ban on bearing, carrying or transportation of Firearms
or other Deadly Weapons against JOEBERT FERNANDEZ y DELOS REYES alias “Jing”.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my signature this 18th
day of March 2019 at Cadiz City, Negros Occidental, Philippines.

PO1 MICHAEL S ACUMABIG

AFFIANT

SUBSCRIBED AND SWORN to me this 18th day of March 2019 at Cadiz City, Negros
Occidental, Philippines. I hereby certify that I have personally examined the affiant and I am
satisfied that he voluntary executed and fully understood his affidavit.

JANE DEE V MADERAZO

OIC CITY PROSECUTOR
CADIZ CITY, NEGROS OCCIDENTAL