REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

SEVENTH JUDICIAL REGION
BRANCH 6, CEBU CITY

PEOPLE OF THE PHILIPPINES,

Plaintiff,
CRIMINAL CASE NO. 12345
FOR: VIOLATION OF Section 28 (a)
in relation to Sec 28 (e), subparagraph
1 of RA 1059 “Comprehensive Firearms
and Ammunition Regulation Act”
-VERSUS-
JULIUS IBABAW,
Accused.
X------------------------------------------------------X

JOINT OFFICIAL AFFIDAVIT of SPO1 ERWIN SANTOS

AND PO1 CHRISTOPHER DE LEON
(Taken on June 9, 2019 by Prosecutor Kami Parzoales at the City Prosecutor’s Office,
Osmeña Boulevard, Cebu City)

The Prosecution moves to offer in evidence the testimonies of SPO1 Christopher De Leon
through this Joint Judicial Affidavit to prove that:

1. The Philippine National Police (PNP) Station 1 of Parian, Cebu City, upon
official conduct of intensified police operation against all forms of illegal
activities within their area of jurisdiction, had encountered at Citi Center, Brgy.
Kamagayan, Cebu City, a certain Julius Ibabaw who was seen to have a handgun
obviously visible tucked in his waistline;
2. Upon seeing him, PO1 Christopher De Leon immediately rushed to his position
and announced that he is a police officer and ask him if he has a license for his
gun and a PTCFOR but he failed to present one. PO1 De Leon placed him under
arrest for violation of RA 10531 and he was also informed of his rights;
3. That such proper procedure and protocols for warrantless arrest and frisking were
properly observed by the arresting officers who likewise conducted the
investigation;
4. The arresting officers will also identify certain documents and pieces of evidence
and other facts in relation to the apprehension that was conducted by said police
officers.

Pros. Kami Parzoales to the witness:

Q1: Kindly state your name and other personal circumstances.

A: We, SPO1 Erwin Santos, 35 years old, married, Filipino and a resident of Brgy. Apas,
Cebu City; and PO1 Christopher De Leon, 25 years old, single, Filipino, and a resident of Brgy.
Centro, Mandaue City, Cebu.
Q2: You are reminded that your answers to the questions in this Joint Judicial Affidavit are
being made under oath and you may have to face criminal liability for perjury or false testimony
with respect to statements that you shall make here. Are you willing to proceed?

A: Yes, Ma’am. We are fully aware and willing to proceed with our testimony.

Q3: Can you state your current position and other resultant circumstances?

A: I, SPO1 Santos, have been assigned at PNP, Station 1, Parian, Cebu City. I am currently
the Team Leader of the Special Investigation Group of the PNP Station 1 a t Parian for ten (10)
years; while I, PO1 Christopher De Leon, have been also assigned to the same police station and
a member of the Special Investigation Group led by SPO1 Santos. I have been in the service for
five (5) years.

Q4: Who is this JULIUS IBABAW who is accused of violation of RA 10591 or Illegal
Possession of Firearms?

A: He was the man we arrested last June 6, 2019 at Citi Center, Brgy. Kamagayan, Cebu
City for carrying a Pistol Caliber 380 (STAR) without a license as we were conducting an
intensified police operation in our area of jurisdiction.

Q5: Can you tell the circumstances of the accused?

A: We were conducting a simultaneous intensified police operation against all forms of

illegal activities within our area of responsibility at around 1:00 A.M. on June 6, 2019. While we
were at Citi Center, Brgy. Kamagayan, walking at the interior portion of the area, we saw a man
about to exit a shanty with a handgun obviously and visibly tucked in his waistline, in plain view
of the public. We wasted no time and rushed to his position, specifically PO1 De Leon who was
in strategic position to subdue the man.

I (PO1 De Leon) announced that we are police officers and asked him if he has a license for the
gun and a permit to carry outside of residence (PTCFOR), which he failed to present. So I placed
him under arrest for violation of RA 10591 and we informed him also of his constitutional rights.

Q6: What happened next?

A: The man was caught by surprise and said in vernacular: “Pasayloa lang ko, sir.”

Q7: What did you do next?

A: We then proceeded to the police station for proper disposition of the evidences and for
the questioning.

Q8: What transpired during the questioning at the police station?

A: We found out that the arrested man was identified as JULIUS IBABAW, 23 years old,
single, and a resident of Brgy. Kamagayan, Cebu City. Hence, we prepared the necessary
complain affidavit for the proper filing of the case against him.

(Complaint-Affidavit of Arresting Officers marked as Exhibit “A”)

Q9 What did you do with the Complaint Affidavit?

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

Q10: Kindly go over and read all the questions and answers in this Joint Judicial Affidavit and
let me know if you have corrections to be made.
A: (Witnesses reviewing the Judicial Affidavit) We have read the contents of this Judicial
Affidavit and we have determined based on our personal knowledge that the contents are truthful
and correct.

Q10: Do you affirm under oath the truth of everything that is contained in this Judicial
Affidavit?

A: Yes, Ma’am.

IN WITNESS WHEREOF, We, hereunto, affixed our signature this 9th day of June 2019 at
Cebu City, Philippines.

SPO1 ERWIN SANTOS PO1 CHRISTOPHER DE LEON

Affiant Affiant

SUBSCRIBED AND SWORN TO before me this 9th day of June 2019 at the City Prosecutor’s
Office, Osmeña Boulevard, Cebu City, with the affiants exhibiting their PNP ID’s (Number)
with numbers AE21234567 and A2KB9101112, respectively as proof of their identity.

Kami Parzoales
4 Provincial Prosecutor
th