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Republic of the Philippines

REGIONAL TRIAL COURT


Second Judicial Region
Santiago City

JULIUS A. FLORENTIN,
Petitioner,

CIVIL CASE NO.:


FOR:
-versus-

RHIC RHYAN LHEE V. FABIAN,


Respondent.

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

COMPLAINT - AFFIDAVIT

I, Cherry Vi C. Florentin, 30 years old, married, and a resident of 1234 Mahinhin


St., Villasis, Santigo City, after having been duly sworn in accordance with law, herby
depose and state that:

1. I am the Wife of the Julius J. Florentin, who is unlawfully detained in


the premises of the PNP Santiago, Four lanes, Santiago City;

2. On or around 9:00 in the evening of February 27, 2017, the PNP


Santiago, headed by the chief of police, Rhich Rhyan Lhee V. Fabian,
came to our residence and knocked on our front door;

3. I opened the door and invited PSI Rhic Rhyan Lhee Fabian, together
with foru (4) other members of the police with surnames, Agcanas,
Almondia, Pattalitan, and Salvador;

4. When seated in our receiving room, PSI Fabian, informed me that they
will be conducting Tokhang to my husband Julius and asked his
whereabouts. I immediately called to my husband, who was in our
bedroom, shouting, “Daddy! May kakausap sa iyo!”, and which he
answered back, “Sige, saglit lang at magdamit ako!”;

5. When my husband was seated with us in the receiving room, PSI


Fabian started informing my husband stating, “Mr. Florentin, andito
kami para pakiusapan ka na tumigil na sa paggamit ng droga.” This
was answered by my husband saying, “Ay Sir, matagal na po akong
hindi gumagamit. Galing na rin po kasi ako sa rehab.” PSI Fabian
proceeded with the procedure of Tokhang and said, “pasensiya na po
kayo kung naka-istorbo kami pero eto po kasi ang proseso.
Magkagayunpaman, kailangan pa rin po namin kayo imbitahan sa
opisina.” My husband replied with courtesy and shook hands with PSI
Fabian and the other four (4) policemen. After that, the group started to
walk out of the house;
6. A few minutes after the policemen went out, my husband informed me
that he will go out to buy cigarettes at the sari-sari store just in front of
our house. A few minutes later, I noticed that my husband was not yet
inside the house so I went to the store and asked if my husband went
there. The store owner, Mrs. Anthonette A. Mijares, said my husband
bought cigarettes and talked to the police officers who were there
buying cigarettes, too;

7. I searched for my husband’s whereabouts diligently for hours, but


failed to see him, so I decided to report the matter if he will not be able
to come back within 24 hours;

8. On February 28, 2017, I continued searching for my husband, but I still


did not see him. I was advised by my neighbor to report him missing in
the police station if he will still not show until tonight;

9. On March 1, 2017, I went to the police station at Four Lanes, Santiago


City to report the matter. I was being interviewed by the officer in the
information desk when I saw my husband sitting inside one of the
detention cells of the police station;

10. I immediately informed the officer, Dionisio Ganer, that my husband is


the one sitting inside the detention cell no. 1. PO1 Ganer informed me
that he was arrested on the night of February 27, 2017;

11. I immediately asked permission from PO1 Ganer to let my husband


talk to me. PO1 Ganer immediately walked to the detention cell and let
out my husband to talk with me;

12. In my conversation with my husband, he said that PSI Fabian, together


with PO2 Agcanas, PO2 Almondia, PO1 Pattalitan and PO1 Salvador,
arrested him when he was going back inside our property;

13. My husband Instructed me to verify the charges against him and


immediately look for an attorney to defend him;

14. After our conversation, I immediately inquired from PO1 Ganer if there
had been charges against my husband which he politely replied NO.
PO1 Ganer even said that, “Hinuli siya kasi nakalista siya na
gumagamit ng pinagbabawal na gamot.” I also learned that they were
waiting for the prosecutor to come for the Preliminary Investigation.

15. I am therefore executing this affidavit in support of my intent to file a


petition for a writ of habeas corpus for the release of Julius J. Florentin
from the detention of PSI Rhic Rhyan Lhee V. Fabian of PNP Santiago
City.

IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of March
2017 at Santiago City, Philippines.

Cherry Vi C. Florentin
Affiant
SUBSCRIBED AND SWORN to before me this 1st day of March 2017 at
Santiago City affiant exhibiting to me his Community Tax Certificate No. CTC123456
issued on January 5 2017 at Villasis, Santiago City.

PERU LAW OFFICE AND ASSOCIATES


Counsel for Complainant
Room 143 Level 2 Heritage Building
National Highway, Malvar,
Santiago City 3311
Mobile No. 0905-4649389
Email Add. gwester1086@gmail.com

By:

GRESTER JOHN A. FERNANDEZ


PTR Nr 10113456;01.04.11; Santiago City
IBP Lifetime Member Nr 01904
Roll Nr39314
MCLE Compliance Nr IV-0001196;01.19.11

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