REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

BRANCH 12
BAGUIO CITY

PEOPLE OF THE PHILIPPINES,

Plaintiff,
Criminal Case No. ______
For: Homicide
-versus-

ABE,
Accused.

x------------------------------------x

JUDICIAL AFFIDAVIT OF SPO4 JUAN DELA CRUZ

(Taken on April 30, 2019 by Prosecutor Dhazzle Dawn Siloy at
the City Prosecutor’s Office, Baguio City)

PURPOSE:

ATTY. DHAZZLE DAWN SILOY:

Prosecution moves to offer in evidence the testimony of SPO4

JUAN DELA CRUZ, through this Judicial Affidavit, for the
following purposes to prove that:

1. The Philippine National Police Station 2 at Governor Pack

Road, Baguio City received a call from accused ABE that
he shot somebody on his front porch with a shotgun;

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;
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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. SILOY TO THE WITNESS:

Q1: Kindly state your name and other personal circumstances.

A: I am SPO4 JUAN DELA CRUZ, 35 years old, married

and presently residing at Barangay Honeymoon-
Holyghost Baguio City.

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, Ma’am. 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 Juan Dela Cruz, currently assigned at

Philippine National Police Station 2 at Governor Pack
Road, Baguio City.

Q4: How long have you been in service with the Philippine
National Police?

A: Ten (10) years, Ma’am.

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 Governor Pack Road, Baguio
City.

Q6: Can you tell us about the incident on November 2?

A: I arrested a man named Abe last November 2, 2018 at

Rainbow Hills Subdivision Home in Baguio City for
shooting one named Rico with a shotgun.
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Q7: What time was this investigation conducted?

A: It was conducted on November 2, 2018 at around 5:00

in the morning, Ma’am.

Q8: What was this investigation about?

A: This was about a reported incident from the accused

himself, Abe who mentioned that he shot somebody on
his front porch with a shotgun and he is a resident of
Rainbow Hills Subdivision Home.

Q9: When did you receive this emergency call from the caller?

A: Around 4:30 in the morning of November 2, 2018,

Ma’am.

Q10: Who received this emergency call?

A: I did, Ma’am.

Q11: After receiving the emergency call, what did you do next?

A: I told our station commander, Police Chief Inspector

Pedro Perez, about the reported incident from the
accused 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 Rainbow

Hills Subdivision Home to investigate on the alleged
incident.

Q14: What happened afterwards?

A: Upon arriving at the place, we saw the victim who lay

dead in his own blood on the front porch of the accused.
The old man sitting near the dead body immediately
approached us and said that he is Abe, the one who
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called and reported the incident in our station. The man

repeatedly uttered that it was an accident.

Q15: What did you do next?

A: I started asking him questions about the incident.

Q16: What was his answer?

A: The accused said he does not know the victim and he

did not know there was a round there. He only feared for
his life by the shadowy figure he saw and he claimed that
the shooting was an accident.

Q17: How did you respond?

A: I said that we should proceed to the police station to

get his statement.

Q18: What happened next?

A: We searched for the gun used in shooting the victim,

we then found a pistol- grip Mossberg 12 gauge shotgun.

(The pistol- grip Mossberg 12 gauge shotgun bearing

Serial No. 12345 marked as Exhibit “A”)

Q19: After finding the gun, what did you do next?

A: I asked Abe if it was the gun he used in shooting the

victim.

Q20: What was his answer?

A: He said that it was the gun he used in shooting the

victim.

Q21: What did you do next after his response?

A: I asked if he had any license to carry such firearm

Q22: What did he say?

A: D PA ALAM SA SECTION C kung may license

Q23: What did you do next?

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A: I apprehended the accused while reciting to him his

rights and brought him to the police station for
questioning.

Q24: What transpired during the questioning at the police

station?

A: The accused told us that a loud banging startled him

out of his sleep. As he looked at the peephole, he saw a
shadowy figure. Abe then looked for his shotgun and
admitted that he shot the victim. Hence, we immediately
prepared the necessary complaint affidavit for the proper
filing of the case against Abe.

(Complaint-Affidavit of SPO4 Juan Dela Cruz marked

as Exhibit “B”)

Q25: What did you do with the Complaint-Affidavit?

A: We submitted it to the Baguio City Prosecutor’s Office.

Q26: 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 personal
knowledge that the contents are true and correct.

Q27: Do you affirm under oath the truth of everything that is

contained in this Judicial Affidavit?

A: Yes, Ma’am.

IN WITNESS WHEREOF, I hereunto affix my signature

this 30th day of April, 2019 at Baguio City, Philippines.

SPO4 JUAN DELA CRUZ

Affiant

SUBSCRIBED AND SWORN TO before this 30th day of

April, 2019 at the City Prosecutor’s Office, Cebu City, with
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Affiant exhibiting his GSIS UMID with RN 000006-3665-9 as

competent proof of identity.

JAMES JOHN FERRER

NOTARY PUBLIC

Doc No. : 167

Page No.: 345
Book No.: III
Series of 2019.

ATTESTATION

I, DHAZZLE DAWN SILOY, 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 JUAN DELA CRUZ;

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.

DHAZZLE DAWN SILOY

Affiant

SUBSCRIBED AND SWORN TO before this 30th day of

April, 2019 at the City Prosecutor’s Office, Baguio City, with
Affiant exhibiting his Driver’s License with license number
000003-4556-7 as competent proof of identity.

JAMES JOHN FERRER

NOTARY PUBLIC

Doc No. : 123

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Page No.: 321

Book No.: III
Series of 2019.