Judicial Affidavit

Page 1 of 6
Republic of the Philippines )

Province of Leyte )
City of Tacloban ) s.s.
x-------------------------------------------x
JOINT JUDICIAL AFFIDAVIT

_____________________________________________________________
I, PCI EDWARD G. CUGTAS and P02 EDUARDO A.

PABLJAN, both Filipino, of legal age and with office and postal
address at Hinabangan Municipal Police Station, Hinabangan,
Samar, after having been duly sworn in accordance with the
law, hereby depose and say:
That in accordance with A.M. No. 12-8-8-SC which

prescribes the use of judicial affidavits to serve as the direct
testimony of a witness, on the basis of which the adverse party
may conduct his cross examination on such a witness, we
hereby execute this Judicial Affidavit in a question and answer
format;
That conformably with Section 3 (b) of the said A.M. No.

12-8-8-SC, we hereby state that it was ATTY. ROMEO DAX B.
CALAMAYA., consultant-lawyer of the Community
Environment and Natural Resources with office address at
Brgy. San Juan, Sta. Rita, Samar, who conducted the
examination of the undersigned affiants at the CENR Office,
Sta. Rita, Samar;
That also pursuant with Section 3 (c) thereof, we hereby

state under pain of perjury that in answering the questions
asked of me as appearing herein below, we are fully conscious
that we did so under oath, and that we may face criminal
liability for false testimony or perjury.
OFFER OF TESTIMONY
The testimony of the witness is being offered to prove the

following:
1. That the witnesses are one of the

arresting/apprehending officers;
2. The circumstances surrounding the

arrest/apprehension of the accused;
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3. The circumstances surrounding the seizure of the

undocumented lumbers; and
4. To identify relevant documents and to testify on all

matters relevant to the case.
EXAMINATION OF THE WITNESS
Q-1. Where are all of you currently employed?

A-1. Both of us are active members of the Philippine
National Police and is currently assigned at the
Hinabangan Municipal Police Station, Hinabangan,
Samar.
Q-2. What are your positions in this office?

A-2. I, PCI EDWARD G. CUGTAS is the Chief of Police of
Hinabangan Municipal Police Station. While, P02
EDUARDO A. PABLIJAN is an intelligence operative of
Hinabangan Municipal Police Station.
Q-3. Where were you on 08 November 2017 at around 7:00

p.m.?
A-3. I (PCI EDWARD G. CUGTAS) was at Hinabangan
Municipal Police Station.
Q-4. What while you were in the office, what happened?

A-4. I (PCI EDWARD G. CUGTAS) received a phone call from
a confidential agent informing that certain individuals
will be transporting sawn lumbers on board of a drop
side truck color white coming from the direction of
Catbalogan City and will be passing by Hinabangan,
Samar in the early morning of 09 November 2017.
Q-5. What were the course of action that you have

undertaken after receiving such information?
A-5. Acting on the said information and for the purpose of
verifying its veracity, I PO2 PABLIJAN to assemble a
team, to monitor and conduct discreet surveillance in
our area of responsibility on the presence of the
aforementioned truck.
Q-6. What happened next?

A-6. That on the early morning of 09 November 2017, we
received a phone call from the same confidential agent
informing us that the aforesaid truck will be traversing
in our area of responsibility. Hence, I (PCI CUGTAS)
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was constrained to assemble a team, composed of me,

P02 Pablijan and two others and proceeded to monitor
my area of responsibility. Consequently, while we were
passing through the vicinity of Brgy. Rawis,
Hinabangan, Samar, we received a phone call from the
same informant that the aforesaid truck has already
passed our area of responsibility and was already at
San Sebastian, Samar.
Q-7. What did you upon learning of the said situation?

A-7. I (PCI CUGTAS) immediately contacted the Chief of
Police of San Sebastian Municipal Police Station for
proper coordination, duly informing them that we will
be traversing their area of responsibility in hot pursuit
of the aforesaid truck which was already located in
their area.

A-8. While we were passing through Brgy. Campiyak, San
Sebastian, Samar we noticed a white truck bearing the
same description given by our confidential informant
parked at the edge of Maharlika Highway. Thus, we
alighted from our vehicles and proceeded to the
aforesaid truck.
Q-9. Did you observe any unusual appearance on the

aforesaid truck?
A-9. Yes. There were neatly piled lumbers at the back of the
truck which was in plain view and visible to the naked
eye.
Q-10. Upon seeing the aforesaid lumbers, what did you do?
A-10. Since there was no person inside the truck, we went
to a nearby house and inquired from therein if they
are aware of the identity of the owner of truck, in
which one (1) responded and introduced himself as
DOMINGO ABANTAO as the owner of the truck and
the lumbers. Further, he also introduced his driver
MARLON HELLENA.
Q-11. What happened next, if any?

A-11. We inquired if they have a certificate of registration for
the truck, in which they provided one wherein the
registered owner was a certain GERMAN PICONES, a
resident of 239 SCHS Tayuman-Binangonan, Rizal.
We also inquired if they were carrying any legal papers
or permit which will allow them to own, possess, carry
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and transport the aforementioned lumbers, to which

they both responded that they have none.
Q-12. Upon hearing their response, what did you do?

A-12. Since they both failed to present any legal papers or
permit which will allow them to own, possess, carry or
transport the lumbers, I (PCI CUGTAS) instructed PO2
PABLIJAN to arrest them and recite their
constitutional rights. Hence, PO2 PABLIJAN politely
approached them and informed DOMINGO ABANTAO
and MARLON HELENNA that for their failure to
present any legal papers or permit which will allow
them to own, possess, carry and transport the
aforesaid lumbers, they are being arrested for
violating Sec. 68 of P.D. 705 as amended by E.0. 277
and further amended by Sec. 77 of R.A. 7161.
Thereafter, P02 PABLIJAN informed them of their
constitutional rights under the Miranda Doctrine.
Q-14. What was your next course of action?

A-14. After that, we invited them to our police station at
Hinabangan Municipal Police Station for further
investigation. We also contacted and coordinated with
the DENR-CENRO Sta. Rita for the proper turn-over
and documentation of the apprehended forest
products and vehicle.

A-15. A team from DENR-CENRO Sta. Rita immediately led
by Forester ELSIE M. BORJA arrived at our office and
conducted documentation and scaling of the
apprehended forest products in the presence of the
apprehending officers.
Q-16. What happened afterwards?

A-16. The lumbers and the FUSON CANTER TRUCK COLOR
WHITE with Plate No. WBC 579 were placed in the
custody of DENR-CENRO Sta. Rita.
Q-17. After narrating to me these fact facts, will you please

tell it whether you affirm and confirm the veracity and
truthfulness of the foregoing statements?
A-17. We hereby declare, affirm and confirm that these
statements are truthful based on our personal
knowledge and documents in my possession.
Q-18. Did you comprehend all the foregoing examination?

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A-18. Yes.
Q-19. Do you wish to add some more to these statements?

A-19. None for the moment.
Q-20. Below this Judicial Affidavit is your printed name.

Are you willing to sign this document voluntarily?
A-20. Yes.
IN WITNESS WHEREOF, we have hereunto set our hands

this ____________________, at Tacloban City, Philippines.
PCI EDWARD G. CUGTAS PO2 EDUARDO A. PABLIJAN

Affiant Affiant
SUBSCRIBED AND SWORN to before me this

______________________, at Tacloban City, Philippines, affiant
having exhibited to me his government issued identification
card as his competent proof of identity.
DOC. NO.
PAGE NO.
BOOK NO.
SERIES OF 2018.
Page 6 of 6
ATTESTATION
I, ATTY. ROMEO DAX B. CALAMAYA, of legal age, and with

office and postal address at DENR-CENRO, Maharlika Highway,
San Juan, Sta. Rita, Samar, do hereby depose and state:
1. I have propounded questions to PCI EDWARD G.

CUGTAS and PO2 EDUARDO A. PABLIJAN and
faithfully recorded and cause to be recorded the
questions I asked and the corresponding answers
that PCI EDWARD G. CUGTAS and PO2 EDUARDO
A. PABLIJAN gave, as above stated; and
2. Neither I nor any other person then present or
assisting them coached them regarding the latter’s
answers.
IN WITNESS WHEREOF, I have hereunto set my hand this

______________________, at Tacloban City, Philippines.
ATTY. ROMEO DAX B. CALAMAYA

Affiant
IBP ID with No. 67398
SUBSCRIBED AND SWORN to before me this

____________________________, at Tacloban City Philippines, the
affiant has exhibited to me his IBP ID with No. 67398 as his
competent proof of identity.
Doc. No.
Page No.
Book No.
Series of 2018.

Judicial Affidavit

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Page 1 of 6

Republic of the Philippines )

JOINT JUDICIAL AFFIDAVIT

I, PCI EDWARD G. CUGTAS and P02 EDUARDO A.

That in accordance with A.M. No. 12-8-8-SC which

That conformably with Section 3 (b) of the said A.M. No.

That also pursuant with Section 3 (c) thereof, we hereby

The testimony of the witness is being offered to prove the

1. That the witnesses are one of the

2. The circumstances surrounding the

3. The circumstances surrounding the seizure of the

4. To identify relevant documents and to testify on all

EXAMINATION OF THE WITNESS

Q-1. Where are all of you currently employed?

Q-2. What are your positions in this office?

Q-3. Where were you on 08 November 2017 at around 7:00

Q-4. What while you were in the office, what happened?

Q-5. What were the course of action that you have

Q-6. What happened next?

was constrained to assemble a team, composed of me,

Q-7. What did you upon learning of the said situation?

Q-8. What happened next?

Q-9. Did you observe any unusual appearance on the

Q-11. What happened next, if any?

and transport the aforementioned lumbers, to which

Q-12. Upon hearing their response, what did you do?

Q-14. What was your next course of action?

Q-15. What happened next?

Q-16. What happened afterwards?

Q-17. After narrating to me these fact facts, will you please

Q-18. Did you comprehend all the foregoing examination?

Q-19. Do you wish to add some more to these statements?

Q-20. Below this Judicial Affidavit is your printed name.

IN WITNESS WHEREOF, we have hereunto set our hands

PCI EDWARD G. CUGTAS PO2 EDUARDO A. PABLIJAN

SUBSCRIBED AND SWORN to before me this

I, ATTY. ROMEO DAX B. CALAMAYA, of legal age, and with

1. I have propounded questions to PCI EDWARD G.

IN WITNESS WHEREOF, I have hereunto set my hand this

ATTY. ROMEO DAX B. CALAMAYA

SUBSCRIBED AND SWORN to before me this

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