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Republic of the Philippines

DEPARTMENT OF JUSTICE
National Prosecution Service
Quezon City

People of the Philippines

Complainant,
NPS Docket No._________

-versus-

Teng Moner y Adam Violation of Section 5, Article II

Respondent. (sale of Dangerous Drugs) of


Republic Act. No. 9165

JUDICIAL AFFIDAVIT OF SEIZING OFFICER

I, PO3 EDWINA LIRIO, female, of legal age, bonafide


member of the Philippine National Police (PNP), and presently
designated as a Police Operative of Las Pinas Police Station
Anti-Illegal Drugs Special Operation Task Force (SAIDSOTF),
state under oath as follows:

PRELIMINARY STATEMENT

I am being questioned by PO3 RUFINA DALAGDAGAN, duty


investigator of City Anti-Illegal Drugs Special Operation Task
Group, Las Pinas Police Station, in relation to the apprehension
of the above named respondent. The questioning is being held
at the same address, and I am answering his questions fully
conscious that I do so under oath and I fully understood that I
may face criminal liability for false testimony.

QUESTIONS AND ANSWERS


Judicial Affidavit of Seizing Officer 1
(PO3 Edwina Lirio)
Q1: Good morning, please state your name.
A1: Good morning, too. I am P03 EDWINA LIRIO.

Q2: Where do you live and what do you do for a living?


A2: I am a resident of Las Piñas City, and a bona fide member
of Philippine National Police assigned at Las Pinas City Police
Station.

Q3: What prompted you to execute this affidavit?


A3: I want to give my free and voluntary statement in relation
to the entrapment operation of illegal dangerous drugs
initiated by our unit SAIDSOTF that resulted to the
apprehension of TENG MONER Y ADAM, a resident of No. 26,
Varsity Lane, Brgy. Culiat, Tandang Sora, Quezon City.

Q4: When and where was this entrapment of illegal drugs


operation conducted?
A4: At around 6:00 pm of April 23, 2005, at No. 26, Varsity
Lane, Brgy. Culiat, Tandang Sora, Quezon City.

Q5: How did this entrapment operation come about?


A5: Earlier that day, at around 11:00 in the morning, the police
operatives of Las Pinas Police Station Anti-Illegal Drugs Special
Operation Task Force (SAIDSOTF) had arrested Joel Taudil for
possession of illegal drugs. Upon investigation, it was gathered
from Taudil that the source of the illegal drugs was Teng Moner
of Tandang Sora, Quezon City.

Q6: What did you do after learning about this?


A6: Our Police Chief Inspector Joan Cabal formed a team that
would conduct a buy-bust operation for the apprehension of
Teng Moner.

Q7: Who were included in the said team?


A7: The team was composed of Police Inspector Jonathan
Cabal, SP04 Arnold Albastro, SPO1 Warlie Hermo, PO3 Junnifer
Tuldanes, PO2 Rodel Ordinaryo, PO1 Erwin Sabbun, PO2
Joachim Panopio and myself.

Q8: What happened next?

Judicial Affidavit of Seizing Officer 2


(PO3 Edwina Lirio)
A8: Police Chief Inspector Cabal conducted an initial briefing
based on the information given by the informant Taudil.

Q9: What was discussed during the initial briefing?


A9: We were given our specific tasks.

Q10: What is your specific task?


A10: I was designated as the seizing officer.

Q11: Is that all that was discussed in the initial briefing?


A11: No, we also discussed on how the buy bust operation will
be conducted. It was agreed that once the transaction is
consummated, P02 Panopio, the poseur buyer, will give the
prearranged signal which is the checking of time in his wrist
watch.

Q12: What will happen after the prearranged signal is given?


A12: I and the rest of the team will rush up to the place of
transaction

Q13: After the initial briefing, what happened next?


A13: Our team leader handed the marked and boodle money to
PO2 Panopio, the poseur-buyer.

Q14: Then?
A14: The team prepared and inspected the firearms,
communication, vehicles, camera and other equipment and
documents to be used by the team members.

Q15: What did your team do after that?


A15: We prepared the Pre-Operation Report addressed to the
Philippine Drug Enforcement Agency (PDEA), for authority to
operate outside our jurisdiction and the coordination paper.

Q16: What happened next?


A16: We proceeded to the Central Police District Office
(CPDO), Camp Karingal, Quezon City for proper coordination.
And then, our team, with the informant, Taudil and a CPD-DIID
personnel proceeded to No. 26, Varsity Lane, Brgy. Culiat,
Tandang Sora, Quezon City.
Judicial Affidavit of Seizing Officer 3
(PO3 Edwina Lirio)
Q17: What did you do when you arrived there?
A17: We made a surveillance on the place and thereafter
positioned ourselves strategically within the area of
transaction.

Q18: What happened after your surveillance of the area?


A18: P02 Panopio and Taudil went to the alleged house of the
accused in Tandang Sora. And while outside the gate, Taudil
summoned the accused and the latter came out after a few
minutes.

Q19: What happened next?


A19: A male person approached PO2 Panopio and Taudil. Taudil
introduced P02 Panopio as his friend who is interested in buying
shabu. That’s when it was identified that the said male person
is Moner.

Q20: Then?
A20: A conversation ensued between them. Thereafter, Moner
went inside the house and upon his return, he handed a plastic
sachet containing a substance suspected as shabu to PO2
Panopio who in turn gave him the marked and boodle money.

Q21: What happened after that transaction?


A21: When Moner was about to count the money, P02 Panopio
immediately gave the prearranged signal to the team and
introduced himself as a police officer to the accused. However,
the accused resisted arrest and hurriedly ran inside the house
so P02 Panopio ran after him and was able to catch up and
succeeded in arresting him.

Q22: What did you do after P02 Panopio gave the prearranged
signal?
A22: I, and the rest of the team immediately rushed to the area
of transaction and upon seeing that accused resisted arrest and
ran inside the house, we proceeded inside the house and in
there we saw the other accused gathered around a table re-
packing shabu.

Q23: What happened after witnessing such scene?


A23: The suspects were arrested by the apprehending officers
Judicial Affidavit of Seizing Officer 4
(PO3 Edwina Lirio)
Q24: What happened after arresting the suspects?
A24: P02 Panopio informed Moner and his co accused of their
Violation of Section 5 & 11 Article II, R.A 9165 for selling and
possession of dangerous drugs and thereafter apprised them of
their constitutional rights but they opted to remain silent.

Q25: What happened next?


A25: I confiscated and took initial custody of the marked and
boodle money from Moner, and the plastic sachet suspected as
shabu from PO2 Panopio and the other paraphernalia.

Q26: After confiscating the items and arresting the suspects,


what happened?
A26: Our team leader, Police Chief Inspector Cabal contacted a
media personnel while PO1 Ordinaryo contacted an official of
the Barangay to proceed to the area and accompany the unit to
the Las Pinas Police Station to serve as witnesses and sign the
inventory of the items seized, as required by law.

Q27: Who are these witnesses that your team leader contacted?
A27: Mr. Erwin Arsenal, a representative from Newsound Media,
and Mr. Joaquin Andromeda, a Barangay Councilor of Brgy.
Culiat.

Q28: Did you conduct the inventory, marking and taking of


photographs at the said place?
A28: No, we were not able to.

Q29: Why?
A29: As per instruction and advice of the CPD-DIID Personnel
during our coordination with them, PCI Cabal ordered that we
immediately pull out from the area to ensure our safety
because the place in unfamiliar to us. It is also the best option
during that time in order for us to preserve the integrity of the
specimens we have seized and so as not to compromise the
entire chain of custody. The area looked dangerous for us
Judicial Affidavit of Seizing Officer 5
(PO3 Edwina Lirio)
especially because of the operation we conducted so we opted
to just leave the place as soon as possible and then proceed to
the Las Pinas Police Station being our office as the
apprehending team.

Q30: Upon arrival at the Las Pinas Police Station, what


happened to the arrested suspects?
A30: They were turned over by the arresting officers, PO3
Tuldanes and PO2 Joachim Panopio to P03 Rufina Dalagdagan,
the Investigator-On-Case.

Q31: What about the seized articles?


A31: I formally turned over the seized items to PO3 Rufina
Dalagdagan as well as the evidences together with the
accomplished Chain of Custody Form which I accomplished.

Q32: I am showing you the Chain of Custody Form which you


handed to me. I will mark this as EXHIBIT “F-1”, to form part of
your Judicial Affidavit. Do you confirm my act?
A32: Yes.

Q32: What did the Investigator-On-Case do after receiving the


confiscated articles?
A32: P03 Dalagdagan issued an Acknowledgement Receipt of
the turnover.

Q33: I am showing you the Acknowledgement Receipt. I will


mark this as EXHIBIT “F-2 to form part of your Judicial
Affidavit. Do you confirm my act?
A33: Yes.

Q34: Then, what happened next?


A34: P03 Rufina Dalagdagan conducted actual physical
inventory, placed markings and photographed the confiscated
items.

Judicial Affidavit of Seizing Officer 6


(PO3 Edwina Lirio)
Q35: Who were present while P03 Dalagdagan conducted
physical inventory, markings and photograph of the confiscated
items?
A35: P03 Dalagdagan conducted such acts in the presence of
the police operatives, accused Teng Moner and his co-accused,
Mr. Erwin Arsenal, a representative from Newsound Media, and
Mr. Joaquin Andromeda, a Barangay Councilor of Brgy. Culiat.

Q36: What happened next?


A36: The same persons signed the copies of the inventory and
were given copies thereof.

Q37: What did P03 Dalagdagan do after that?


A37: Requests for Laboratory Examination were prepared by
P03 Dalagdagan and signed by Police Chief Insp. Joan A. Cabal.

Q38: What happened to items after that?


A38: The specimen together with the requests were brought to
the PNP Crime Laboratory, Camp Crame, Quezon City by P03
Dalagdagan with my coordination.

Q39: What was the result of the quantitative and qualitative


laboratory examination of the substance confiscated?
A39: It was positively confirmed to be shabu or
methylamphetamine hydrochloride.

Q40: I have no further questions for you. Do you have anything


more to add?
A40: Yes.

Q41: What is it?


A41: I have also executed an Affidavit of Undertaking on April
23, 2005 regarding the conduct of the buy-bust operation.

Q42: Okay, so I am now showing you this document namely, the


Affidavit of Undertaking and the Certificate of Inventory for the
witnesses. I will mark this as Exhibit “F-3”, respectively to
form part of your statement. Do you confirm my act?
A42: Yes.

Judicial Affidavit of Seizing Officer 7


(PO3 Edwina Lirio)
Q43: Anything else you want to mention?
A43: Nothing more.

_____________________
PO3 EDWINA LIRIO

SUBSCRIBED AND SWORN TO before me this April 24, 2005,


at Las Pinas City. I hereby certify that I have personally
examined the affiant and I am convinced and satisfied that he
voluntarily executed and understood his affidavit.

ATTESTATION

I, PO3 RUFINA DALAGDAGAN, of legal age, PNP Member


assigned as City Anti-Illegal Drugs Special Operation Task Group
of Las Pinas City attest under oath as follows:

1. I personally conducted the interrogation of EDWINA


LIRIO;

2. I faithfully recorded the questions I asked EDWINA LIRIO


and the corresponding answers she gave me; and

3. Neither I nor any other person then present has


coached the affiant regarding her answers.

RUFINA DALAGDAGAN
Affiant

SUBSCRIBED AND SWORN to before me this April 24, 2005


in Las Pinas City.

Judicial Affidavit of Seizing Officer 8


(PO3 Edwina Lirio)
Judicial Affidavit of Seizing Officer 9
(PO3 Edwina Lirio)

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