Crimproc_Case 2.docx

7/27/2019 Crimproc_Case 2.docx

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Republic of the PhilippinesREGIONAL TRIAL COURT

9th Judicial RegionBranch___

Zamboanga City

PEOPLE OF THE PHILIPPINES Criminal Case No.________

Plaintiff,

-versus- For: Violation of P.D. 1866 as amended by

R.A. 8294 otherwise known as Illegal

___________________ Possession of Firearms and Ammunitions

Accused.

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

INFORMATION

The undersigned Provincial Prosecutor of Zamboanga City, hereby accuses

_____________________ of the crime of ILLEGAL POSSESSION OF FIREARM AND

AMMUNITIONS PENALIZED UNDER PRESIDENTIAL DECREE NO. 1866, AS

AMENDED BY REPUBLIC ACT NO. 8294, committed as follows:

That on or about 9 oclock in the evening of _______________ in TetuanHighway, Barangay Tetuan, City of Zamboanga, Philippines, and within the jurisdiction

of this Honorable Court, the above-named accused, willfully, unlawfully and feloniously,

have in his possession, custody and control, ONE (1) COLT M-16 RIFLE with

TAMPERED SERIAL NUMBER, with ONE (1) MAGAZINE and SEVENTEEN (17) LIVE

AMMUNITIONS and ONE (1) .45 CALIBER (WITH CASPIAN SLIDE) PISTOL with

Serial Number 123456, ONE (1) MAGAZINE and FOUR (4) ROUNDS OF .45 LIVE

AMMOS, without the necessary license/permit issued by the proper authorities.

CONTRARY TO LAW.

Zamboanga City, Philippines, _______________.

_____________________

Inquest Prosecutor

Approved by:

_____________________

City Prosecutor

Witnesses:

SPO1_________________

SPO2 _________________

And others.

BOND: P80,000.00


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CERTIFICATION

I HEREBY CERTIFY, that the foregoing Information is filed pursuant to Section 6,

Rule 112 of the Revised Rules of Criminal Procedure, as amended, accused having

opted not to avail of their rights to preliminary investigation; that on the basis of the

evidence obtaining in this case, probable cause exists against the accused that the

offense charged hav been committed and that the accused are probably guilty thereof.

_____________________

Inquest Prosecutor

SUBSCRIBED AND SWORN TO BEFORE ME this __th day of __________ 2012 at

Zamboanga City, Philippines.

__________________________

Associate Prosecuting Attorney


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Republic of the Philippines

DEPARTMENT OF JUSTICE

Office of the City Prosecutor

Zamboanga City

IN RE: COMPLAINT AGAINST ___________________ for

the crime of VIOLATION OF P.D. 1866, AS

AMENDED under NPS-IX-09-INQ-12J-00012

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

INQUEST RESOLUTION

Herein respondent stands charged for VIOLATION of P.D. 1866, as amended. He was

allegedly caught in flagrate of possessing unlicensed firearms committed under thecircumstances and in the manner specified in the Joint-Affidavit of Arrest ofSPO1___________________ and SPO2_________________.

The above-named police officers claimed that on or about 9 oclock in the evening of___________________, while they were conducting a routinary check point along TetuanHighway, a Black Suzuki Raider Motorcycle bearing Plate Number AB 123 stopped beforethem, to which the accused was driving carrying with him a big black backpack. When thebackpack was frisked, suspiciousSPO1___________________ requested the accused to openthe bag but the latter refused. So SPO1 ___________________opened it himself and saw inplain view dismantled firearms which he immediately reported to the Team LeaderPCINSP________________. They discovered ONE (1) COLT M-16 RIFLE with SERIAL

NUMBER 654321, ONE (1) MAGAZINE and SEVENTEEN (17) LIVE AMMUNITIONS. A searchover the person of the driver was made therefter and ONE (1) .45 CALIBER (WITH CASPIANSLIDE) PISTOL with Serial Number 123456, ONE (1) MAGAZINE and FOUR (4) ROUNDS OF.45 LIVE AMMOS was found tucked behind his waist. When requested to show pertinentdocuments of said firearms, he failed to do so.

The respondent was informed of his rights to preliminary investigation but opted not toavail the same. Thus, based on the documentary and object evidence introduced by the police,the respondent was indeed for possessing firearms and ammunitions which turned out to beunlicensed. Considering the absence of any authority for him to possess the same, theallegations of the City Police pertinent to the violation is aptly supported.

After a careful evaluation and assessment of the evidence on record, the undersignedfind that there is PROBABLE CAUSE to indict the herein respondent for trial for VIOLATION OFPRESIDENTIAL DECREE 1866 AS AMENDED.

WHEREFORE, premises considered, let an INFORMATION for VIOLATION ofPRESIDENTIAL DECREE 1866, AS AMENDED against ___________________ be accordinglyprepared and filed in court.

Zamboanga City, Philippines, ______________ 2012.

_____________________________

INQUEST PROSECUTOR

COPY FURNISHED:

_________________accused

The Police Department, Zamboanga CityThe Chief of Police, Zamboanga City


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Republic of the Philippines

NATIONAL POLICE COMMISSIONPHILIPPINE NATIONAL POLICEFIREARM AND EXPLOSIVE DIVISION

Regional (IX) OfficeZamboanga City

C E R T I F I C A T I O N

This is to certify that __________________ has no record of registered firearmneither was he issued any license nor permit to carry any type of firearm or ammunition.

This certification is issued upon the request of the Office of the City Prosecutor ofZamboanga, Philippines for all all legal intents and purposes this may serve them best.

Given this __________________, Zamboanga City.

_________________________Division Chief


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Republic of the PhilippinesNATIONAL POLICE COMMISSIONPHILIPPINE NATIONAL POLICE

TETUAN POLICE STATION

Zamboanga City

___________________

FORWARDING REPORT

__________________City Prosecutor

Zamboanga City

SIR/MADAM,

The undersigned is respectfully transmitting the herein case for ILLEGALPOSSESSION OF FAS PD1866 against ________________ committed on or about9:00 PM ___________________ at Tetuan Highway, Zamboanga City.

In support thereof, we are enclosing the following documents to wit:

A. INVESTIGATION REPORTB. POLICE REPORTC. AFFIDAVIT OF ARRESTING OFFICER

EXHIBITS:

a. One (1) Caliber5.56mm M16 rifle MARK w/ AAB-1b. Seventeen (17) live ammos for Caliber 5.56mm M16 Rifle MARK

W/ AAB-2c. One (1) unit Caliber 45 Pistol with serial number 123456 MARK W/

AAB-3d. Four (4) live ammos for said Caliber 45 MARK W/ AAB -4e. One (1) unit Black Suzuki Raider with plate number AB 123

Respectfully Yours,

___________________Police InspectorChief of Police


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Republic of the PhilippinesNATIONAL POLICE COMMISSIONPHILIPPINE NATIONAL POLICE

TETUAN POLICE STATION

Zamboanga City

________________

CASE REPORT

NATURE OF OFFENSE : ILLEGAL POSSESSION OF FASTIME AND DATE OF INCIDENT : 9:00 PM _____________________PLACE OF INCIDENT : BRGY. TETUAN, ZAMBOANGA CITYNAME OF SUSPECT : ______________________NAME OF COMPLAINANT : PEOPLE OF THE PHILIPPINESNAME OF ARRESTING OFFICER : SPO1___________________,

SPO2___________________

FACTS OF THE CASE:

That based on the statement of apprehending officers stating that On or about 9 oclockin the evening of ____________________, while we were conducting a routinary check pointalong Tetuan Highway, a Black Suzuki Raider Motorcycle bearing Plate Number AB 123stopped before us, to which the accused was driving carrying with him a big black backpack.When the backpack was frisked, I (SPO1 ___________________) suspiciously requested theaccused to open the bag but the latter refused. So I opened it myself and saw in plain viewdismantled firearms which I immediately reported to Team Leader PCINSP

_________________. We discovered ONE (1) COLT M-16 RIFLE with SERIAL NUMBER654321, ONE (1) MAGAZINE, SEVENTEEN (17) LIVE AMMUNITIONS. A search over theperson of the driver was made therefter and ONE (1) .45 CALIBER (WITH CASPIAN SLIDE)PISTOL with Serial Number 123456, ONE (1) MAGAZINE and FOUR (4) ROUNDS OF .45LIVE AMMOS was found tucked behind his waist. When requested to show pertinentdocuments of said firearms, he failed to do so.

RECOMMENDATION:

In the interest of Justice, this office recommends the filling of charges for ILLEGALPOSSESSION OF FAS PD 1866 against__________________;

ANNEXES:

a. Investigation Reportb. Police Reportc. Affidavit of Arresting Officer

EXHIBITS:

a. One (1) Caliber 5.56mm M16 rifle MARK w/ AAB-1b. Seventeen (17) live ammos for Caliber 5.56mm M16 Rifle MARK W/ AAB-2c. One (1) unit Caliber 45 Pistol with serial number 123456 MARK W/ AAB -3

d. Four (4) live ammos for said Caliber 45 MARK W/ AAB -4e. One (1) unit Toyota Prado Black with Plate No. ABC 123

___________________Senior Police Officer 1Investigation PNCO


7/13

Republic of the Philippines)Zamboanga City ) S.S.x-----------------------------------x

AFFIDAVIT OF ARRESTING OFFICER

WE, SPO1 ____________________ AND SPO2 ____________________, of legal age,Filipinos and residents of Barangay Talon-Talon, Zamboanga City, after having duly sworn to inaccodance with the law do hereby depose and say THAT:

We are members of Philippine National Police currently assigned at Tetuan PoliceStation, Zamboanga City;

On or about 9 oclock in the evening of ___________________, while we wereconducting a routinary check point along Tetuan Highway, a Black Suzuki Raider Motorcyclebearing Plate Number AB 123 stopped before us, to which the accused was driving carryingwith him a big black backpack. When the backpack was frisked, I (SPO1_______________)

suspiciously requested the accused to open the bag but the latter refused. So I opened it myselfand saw in plain view dismantled firearms which I immediately reported to Team LeaderPCINSP__________________. We discovered ONE (1) COLT M-16 RIFLE with SERIALNUMBER 654321, with ONE (1) MAGAZINE and SEVENTEEN (17) LIVE AMMUNITIONS. Asearch over the person of the driver was made therefter and ONE (1) .45 CALIBER (WITHCASPIAN SLIDE) PISTOL with Serial Number 123456, ONE (1) MAGAZINE and FOUR (4)ROUNDS OF .45 LIVE AMMOS was found tucked behind his waist. When requested to showpertinent documents of said firearms, he failed to do so.

The subject person was identified to be __________________, a resident ofTugbungan, Zamboanga City. After having appraised of his constitutional rights, he was broughtto Tetuan Police Station for Further investigation.

We executed this affidavit voluntarily to attest and affirm the facts and circumstancesafore-narrated.

In witness hereof, we have here unto affix our signature on, ____________, 2012, in theCity of Zamboanga, philippines.

___________________________ _________________________

PNP ID NO. ________________ PNP ID NO._______________

SUBSCRIBED AND SWORN to me before this _____________ 2012 at ZamboangaCity, Philippines, and I hereby certify that I personally examined the affiants and that I am

convinced and satisfied that he voluntarily executed and fully understood his affidavit;

______________________

City Prosecutor

C E R T I F I C A T I O N

I hereby certify under oath that I examined the affiants and I am fully convince that theyunderstood the content of their affidavit and that the sam were freely and voluntarily executed

by them.

______________________

City Prosecutor


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Zamboanga City


Plaintiff,



___________________ Possession of Firearms and Ammunitions

Accused.

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

MOTION FOR REDUCTION OF BAIL

COMES NOW, the accused, through the undersigned counsel, unto this

Honorable Court, most respectfully manifests THAT:

1. Accused is charged by Information above-captioned of which the bail

recommended for their temporary liberty is P80,000.00 each;

2. The accused does not have enough or sufficient property to put up the said

bail;

3. Accused __________________ is a farmer with only a minimal income,

sufficient or even less than the amount needed to sustain the needs of his

wife and their four children;

4. Accused is a long-time resident of Barangay Tugbungan;

5. Accused is a member of family of good reputation and who has always been

of good moral standing in the community;

6. That he has not been heretofore charged or convicted of any other offense

and is not in risk of flight;

7. That in order that his constitutional right to bail will not become illusory on

account of his inability to raise the amount, he desire to have the same

reduced;

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that the recommended bail of P80,000.00 for accused be reduced to

P60,000.00 or to such amount as the rules permit.

______________ 2012, Zamboanga City, Philippines.


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_____________________________

Counsel for the Accused

Roll No. ___

PTR No. ____

IBP OR No. ___

MCLE Compliance No. ____

Mobile No.

N O T I C E

To: THE BRANCH CLERK OF COURT

RTC BRANCH ___

Zamboanga City

Greetings!

The undersigned counsel is submitting the foregoing motion for the consideration

and approval of the Honorable Court, sans further oral argument.

Counsel

THE OFFICE OF THE CITY PROSECUTOR OF ZAMBOANGA CITY

Greetings!

Please take notice that the undersigned counsel is submitting the foregoing

motion to the Honorable Regional Trial Court, Branch __, Zamboanga City, for his

consideration and approval without further oral argument.

Counsel

Copy Furnished:

_______________________

Office of the City Prosecutor,

Hall of Justice

Zamboanga City


10/13



Zamboanga City


Plaintiff,



_____________________ Possession of Firearms and Ammunitions

Accused.

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

MOTION FOR PRELIMINARY INVESTIGATION

COME NOW, accused, through the undersigned counsel, unto this Honorable

Court most respectfully move for reinvestigation and humbly aver the following;

1. The accused was arrested without warrant on__________________ at

around 9 oclock in the evening and was detained at Tetuan Police

Station.

2. On ___________________, the accused was subjected to inquest before

the Office of the City Prosecutor, Zamboanga City.

3. The basis of the inquest were the following documents:

A. Affidavit of Arresting Officer;

B. Case Report; and

C. Forwarding report.

Hereto attached as Annexes A, B & C respectively.

4. Per perusal of the affidavit of arresting officer, without admitting the

truthfulness and veracity of the same, it is stated that one (1) M-16 rifle

with serial number 654321and one (1) caliber .45 with serial number123456 was found and confiscated in the person of the respondent.


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5. THUS, accused is charged of Illegal Possession of Firearm in the

Information above-captioned dated _______________, accusatory portion

of which as follows;

On or about 9 oclock in the evening of________________, while we

were conducting a routinary check point along Tetuan Highway, a Black Suzuki

Raider Motorcycle bearing Plate Number AB 123 stopped before us, to which the

accused was driving carrying with him a big black backpack. When the backpack

was frisked, I (SPO1_______________) suspiciously requested the accused to

open the bag but the latter refused. So I opened it myself and saw in plain view

dismantled firearms which I immediately reported to Team Leader

PCINSP______________. We discovered ONE (1) COLT M-16 RIFLE with

SERIAL NUMBER 654321, ONE (1) MAGAZINE and SEVENTEEN (17) LIVE

AMMUNITIONS. A search over the person of the driver was made therefter and

ONE (1) .45 CALIBER (WITH CASPIAN SLIDE) PISTOL with Serial Number

123456, ONE (1) MAGAZINE and FOUR (4) ROUNDS OF .45 LIVE AMMOS

was found tucked behind his waist. When requested to show pertinent

documents of said firearms, he failed to do so.

Contrary to law.

6. The accused obtained the copy of the information from the court on

_______________ and was not yet arraigned.

7. NOTEWORTHY, is the fact that the Serial Numbers of the firearms which

were allegedly seized from the accused during the arrest, based from the

affidavit of arresting officer, case report and forwarding report during the

inquest are different as that those alleged in the information;

8. The firearms being the corpus delicti in this case, its evidentiary weight

must be well established at administrative level, in order for the accused

not to suffer the tedious and burdensome process of litigation.

9. That in U.S. vs. Banzuela (31 Phil. 564), reiterated in the case of Go vs.

CA, February 11, 1992, the Supreme Court ruled that if the law provides

for preliminary investigation and such right is claimed by the accused, a

denial thereof is a denial of due process; hence, as enshrined in our

jurisprudence, even when the case has already been filed, herein accused

can still avail of their right to Preliminary Investigation and the trial Court

has to remand the case for preliminary investigation;


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10.That, if granted reinvestigation of the aforestated cases, the accused is

confident that he can prove his innocence at the early stage of the

proceedings before the Office of the City Prosecutor, Zamboanga City;

11.That witnesses and authentic documents can be presented during

reinvestigation, which will establish the fact that the above-named person

is indeed innocent in the crimes charged against him;

12.This motion is meritorious, in accordance with Rule 112, Section 6 (par. 3)

and other established jurisprudence.

WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court

that this case be remanded to the Office of the City Prosecutor for preliminary

investigation.

Other reliefs and remedies just and equitable under the circumstances are also

prayed for.

Zamboanga City, Philippines, ________________.

_____________________________

Counsel for the Accused

Roll No. ___

PTR No. ____

IBP OR No. ___

MCLE Compliance No. III -____

Mobile No.


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N O T I C E

To: THE BRANCH CLERK OF COURT

RTC Branch ____

Zamboanga City

Greetings!

Please include the foregoing motion in the court's calendar of cases for hearing

on October 15, 2012 or at availability of the Court, for the consideration and resolution

of the Honorable Court .

Counsel

THE OFFICE OF THE CITY PROSECUTOR OF ZAMBOANGA CITY

Greetings!

Please take notice that the undersigned counsel is submitting the foregoing

motion to the Honorable Regional Trial Court, Branch____, Zamboanga City and to be

included in the ____________ court's calendar of cases for hearing or at any available

calendar of the Honorable Court.

Counsel

Copy furnished:

____________________

The Office of the City Prosecutor

Hall of Justice

Zamboanga City

Documents

Crimproc_Case 2.docx