Joint Affidavit of Arrest [PDF]

Zitiervorschau

Republic of the Philippines Tagbilaran City ) S.S> x---------------------------------x JOINT AFFIDAVIT OF ARREST WE, EDGARDO E. BALDEMOS, BERNARD A. DELA CRUZ, DONAVER S. INESIN, AGAPITO A. GIERRAN and FLORANTE T. GAOIRAN, Agents and Special investigators assigned at the National Bureau of Investigation, Cebu City, after having been duly sworn in accordance with law, do hereby depose and say that: 1. This office had received information from concerned citizens on the rampant proliferation distribution and usage of Methamphetamine Hydrochloride commonly known as “shabu”, specifically within the areas of F.R. Ingles and M. Parras Sts., Tagbilaran City; 2. Acting on the said information, Agent EDAGARDO BALDEMOS, on-case investigator in several occasions conducted discreet investigation and surveillance operations in the area believed to be where Subject/s were operating their illegal drug trade; 3. As the investigation progress, it was discovered that the subject drug dealer is a certain JAIME DECASA y INGLES, a former Vice-mayor of Batuan, Bohol of corners F.R. Ingles and M. Parras Sts.; 4. On February 12, 2014, Agent BALDEMOS conducted a test buy operation in coordination with Philippine Drug Enforcement Agency – 7 (PDEA-7). The same was covered by Pre-Operation Number 0214-00058. The former was able to purchased two (2) sachets of white crystalline substance believed to be “shabu” personally from Subject JAIME DECASA at his residence located at the stated address above. The same were examined and tested positive for Methamphetamine Hydrochloride or street name called “shabu”. The report is covered under Chemistry Report no. D-204-14; 5. On March 4, 2014, in preparation for a search warrant application, another testbuy was hatched, this time to prepare operational plan such as mapping of location, security plan and final test buy against JAIME DECASA; Agent BALDEMOS was able to purchased “shabu” worth Php1, 000 but DECASA seems elusive because he only instructed one of his errand boy to deliver the Php1, 000 worth of “shabu” to Agent BALDEMOS and to his confidential informant. The final test buy was covered by PDEA Coordination No. 0314-00015 and the result was under Chemistry Report No. 2014-DD-503; 6. Considering that JAIME DECASA is keep on changing his pattern of his illegal trade, agent on case decided that it is more effective to effect a buy bust operation instead of a search warrant to arrest and prosecute JAIME DECASA, hence, a buy bust operation was finally executed; 7. On March 11, 2014, at around 10:30 in the morning, the undersigned NBI operatives in coordination with PDEA Drug Enforcement Agency -7 (PDEA-7) and is covered by PDEA Pre-Ops Number 0314-00060 implemented a buy bust operation against subject JAIME DECASA;

8. Prior to the buy bust operation, agent on case requested for a buy bust money consisting of two(2) FIVE HUNDRED PESO BILLS with serial numbers BE516022 and PM410138 to be dusted with fluorescent powder. Further a briefing was conducted by the agent on case. Accordingly a pre-arranged signal would be a text of “balay” or “kubo”. It means subject is either at his house or at his “kubo”; 9. Immediately after, Agent BALDEMOS and a confidential agent proceeded to the house of JAIME DECASA while NBI operatives were waiting In a strategic location located few meters from the target area; 10. Agent BALDEMOS and confidential agent were received by JAIME DECASA at a small house called “kubo”. Inside therein were male person who were busy repacking shabu. The agent on case handed to JAIME DECASA two (2) small plastic sachets containing white crystalline substance believed to be “shabu”; the said “shabu” is herein marked as “JD-1”, “JD-2” and “JD-3”, respectively. Inventory is hereto attached as Annex “A”. 11. NBI operatives received a text message “kubo”, prompting them to rush to the target area and at that juncture Subject DECASA upon sensing the arrival of law enforcers, run towards his house while two (2) unknown male person locked the door who were later identified as WILBERTO P. JUMAMIL and MEJAMIE G. CASTRO; 12. Fast as they could to elude arrest by the operatives, Subject DECASA was overpowered by the operatives who thereafter declared authority and subdued Subject DECASA were the two(2) Php500.00 bills previously dusted with fluorescent powder, with serial numbers BE516022 and PM410138; 13. Incidentally during the arrest, several packs of white crystalline substance and a digital weighing scale were noticed on top of the center table. Attached is the inventory of confiscated items to form part of this affidavit. The inventories were duly signed and received by Subject JAIME DECASA. The seizure of the above contraband were witnessed by DOJ representative ZACARIAS CASTRO, DYRD representative REYNALDO TUTAS and one of DECASA’s tenants GEMMA DOLOTINA and Barangay Chairman ALLAN RICARDO REA. Inventory is hereto attached as Annex “B”’; 14. On the other hand, the two male people inside the locked room were WILBERTO P. JUMAMIL and MEJAMIE G. CASTRO. Found inside the room were four (4) large pack of “shabu”, and several drug paraphernalia, all under the control and possession of Subjects. Also, a 45 caliber pistol with serial number 956023, three (3) magazines with live ammunitions was found in the possession and control of MEJAMIE G. CASTRO. Attached hereto is the inventory which is made as part of this affidavit and hereto marked as Annex “C”; 15. Subject MEJAMIE G. CASTRO, despite sufficient time afforded, failed to show any firearm license/permit which will legalize his possession; 16. All above mentioned seized items were properly marked at the aforementioned premises. The illegal drugs and the other paraphernalia were and subsequently turned-over to NBI Forensic Chemist; 17. They were placed under arrest after they were informed their statutory and constitutional rights in a dialect known to them. There from, Subjects were

immediately brought to NBI Bohol District Office-VII. They were booked, fingerprinted and photographed in compliance with the existing Standard Operating Procedure (SOP) of the NBI; 18. NBI Forensic examination reveals that subject JAIME DECASA was positive for the presence of fluorescent powder. The examination was under Chemistry Report No. 2014-P-703. Further certifications revealed that white crystalline substance recovered from Subject DECASA, JUMAIL and CASTRO were Methamphetamine hydrochloride commonly known as “shabu”, a dangerous drug. Attached herewith are Chemistry Report No. 2014-DD-603 (buy bust), Chemistry Report No. 2014-DD-703 (illegal possession – JAIME DECASA), Chemistry Report No. 2014-DD-603 (illegal possession –WILBERTO P. JUMAMIL and MEJAMIE G. CASTRO ); 19. Therefore, the following prosecuted for:

subjects are recommended to be charged with and

a. JAIME INGLES DECASA – violation of RA 9165 Section 5 (selling), 11 (possession of illegal drugs), 12 (possession of equipment, paraphernalia, etc.); b. WILBERTO P. JUMAMIL – violation of RA 9165 Section 11 (possession of illegal drugs), 12 (possession of equipment, paraphernalia, etc.); and c. MEJAMIE G. CASTRO – violation of RA 9165 Section 11 (possession of illegal drugs), 12 (possession of equipment, paraphernalia, etc.) RA 9165, and R.A. 10591 (illegal possession of firearm). 20. We are executing this Joint Affidavit of Arrest to attest to the truthfulness of the foregoing facts to support our recommendations; IN WITNESS WHEREOF, we are hereunto set our signatures this 12th day of March 2014, Tagbilaran City.

EDGARDO E. BALDEMOS

BERNARD A. DELA CRUZ

DONAVER S. INESIN

AGAPITO A. GIERRAN

FLORANTE T. GAOIRAN

SUBCRIBED AND SWORN TO, before me, this 12th day of March 2014 at the Office of the National Bureau of Investigation, Tagbilaran City. I further certify that I have personally examined the herein Affiants and I am fully convinced that they freely and voluntarily executed their statements and that they understood the same.

ATTY. ANTONIO M. PAGATPAT