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REPUBLIC OF THE PHILIPPINES) CITY OF DUMAGUETE) S.S. x----------------------------------------------------x JOINT AFFIDAVIT OF ARREST We, the UNDERSIGNED Police Officers, both members of the Philippine National Police, presently assigned at the Police Station 1 of Dumaguete City, do hereby depose and state THAT: 1. We are among the members of the Dumaguete City Police Team who conducted a buy-bust operation at Brgy. Lo-oc, Dumaguete City, near the Tocino Country together with the Philippine Drug Enforcement Agency (PDEA). 2. Said operation stemmed from a report of our confidential agent/informant Kevin Duran for violation of Section 5 and 11 Article II of Republic Act (R.A.) No. 9165 (the Comprehensive Dangerous Drugs Act of 2002) which was referred to our office by the informant himself against KYLE PHILIPPE DE VILLA, 23 years old single, Filipino, and residing at Brgy. Looc, Dumaguety City, near the Tocino Country. 3. After conducting a quick surveillance, on June 11, 2014 to ascertain the truthfulness of report made by Duran about DE VILLA’S alleged drug-related activities, we planned a buy- bust operation. 4. At around 4:15 p.m. on June 13, 2014, SPO1 Gala Gay Bolen and I, together with Duran and the PDEA proceeded to Brgy. Looc, Dumaguete City to conduct a buy-bust operation. 5. Upon reaching Brgy. Looc, we immediately spotted Kyle De Villa about 8 meters away from our position, selling banana cues in his stall, just very near to his house. 6. Duran who acted as the poseur-buyer and with a one hundred peso bill (Php100) bearing Serial No. XT848388 (Annex A) approached DE VILLA. 7. Duran pretended to buy a banana cue and said the secret code “I will buy Magic Sarap” which is alleged to be the phrase used by customers to refer to a 0.05 gram of methamphetamine hydrochloride, commonly known as shabu. 8. As Duran handed the marked one hundred peso bill to DE VILLA, he latter in turn handed to him a small plastic sachet containing white crystalline substance believed to be shabu.

Sample Joint Affidavit - RA 9165

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this is a sample of a joint affidavit submitted by police officers for violation of RA 9165.

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Page 1: Sample Joint Affidavit - RA 9165

REPUBLIC OF THE PHILIPPINES)

CITY OF DUMAGUETE) S.S.

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

JOINT AFFIDAVIT OF ARREST

We, the UNDERSIGNED Police Officers, both members of the Philippine National Police, presently assigned at the Police Station 1 of Dumaguete City, do hereby depose and state THAT:

1. We are among the members of the Dumaguete City Police Team who conducted a buy-bust operation at Brgy. Lo-oc, Dumaguete City, near the Tocino Country together with the Philippine Drug Enforcement Agency (PDEA).

2. Said operation stemmed from a report of our confidential agent/informant Kevin Duran for violation of Section 5 and 11 Article II of Republic Act (R.A.) No. 9165 (the Comprehensive Dangerous Drugs Act of 2002) which was referred to our office by the informant himself against KYLE PHILIPPE DE VILLA, 23 years old single, Filipino, and residing at Brgy. Looc, Dumaguety City, near the Tocino Country.

3. After conducting a quick surveillance, on June 11, 2014 to ascertain the truthfulness of report made by Duran about DE VILLA’S alleged drug-related activities, we planned a buy-bust operation.

4. At around 4:15 p.m. on June 13, 2014, SPO1 Gala Gay Bolen and I, together with Duran and the PDEA proceeded to Brgy. Looc, Dumaguete City to conduct a buy-bust operation.

5. Upon reaching Brgy. Looc, we immediately spotted Kyle De Villa about 8 meters away from our position, selling banana cues in his stall, just very near to his house.

6. Duran who acted as the poseur-buyer and with a one hundred peso bill (Php100) bearing Serial No. XT848388 (Annex A) approached DE VILLA.

7. Duran pretended to buy a banana cue and said the secret code “I will buy Magic Sarap” which is alleged to be the phrase used by customers to refer to a 0.05 gram of methamphetamine hydrochloride, commonly known as shabu.

8. As Duran handed the marked one hundred peso bill to DE VILLA, he latter in turn handed to him a small plastic sachet containing white crystalline substance believed to be shabu.

9. At that immediate instant, the poseur-buyer executed the pre-arranged signal, which is to raise his left hand, and SPO1 Bolen and I, together with the rest of the members of the PDEA rushed to the scene to execute the arrest of DE VILLA.

10. In view of the arrest, we have recovered the following items:a.) Marked Money (one hundred peso bill bearing Serial No. XT848388)b.) 0.05 grams of shabu sealed in an iced candy wrapper (Annex B)

11. DE VILLA was immediately handcuffed and was brought to the Police Station 1 of Dumaguete City together with the recovered evidences for booking and proper disposition.

12. Upon reaching the police station, DE VILLA was apprised of his constitutional rights using the dialect, and made sure he understood them.

13. In the same date at around 5:00 p.m., DE VILLA was brought to the PNP Crime Laboratory to get tested for the presence of Bright Yellow Ultraviolet Fluorescent powder on his palm, which would indicate that he has indeed received the one hundred peso bill marked money.

14. At around 5:15 p.m. the PNP Crime Laboratory Group issued a report with Identification No. 998989 (Annex C) that revealed DE VILLA was POSITIVE for the

Page 2: Sample Joint Affidavit - RA 9165

presence of Bright Yellow Ultraviolet Fluorescent powder on both palm and right dorsal portion of the hands.

15. In the same day, the recovered 0.05 grams of white crystalline powder was also brought to the Forensic Chemist of the Philippine National Police (PNP) Crime Laboratory to confirm its classification.

16. On June 14, 2014, the Forensic Chemist of the Philippine National Police (PNP) Crime Laboratory issued a report with Identification No. 5677657 (ANNEX D), identifying the 0.05 grams of white crystalline powder as a dangerous drug known as methamphetamine hydrochloride or shabu.

We executed this joint affidavit to attest the truthfulness of the foregoing facts and to support the filing of Criminal Cases against KYLE PHILIPPE DE VILLA for violations of Section 5 and 11 Article II of Republic Act (R.A.) No. 9165 (the Comprehensive Dangerous Drugs Act of 2002).

AFFIANTS SAYETH NAUGHT.

IN WITNESS WHEREOF, we hereunto affixed our signature this 3rd day of July, in the City of Dumaguete, Philippines.

_______________________________ ____________________________

Affiant Affiant

SUBSCRIBED AND SWORN to before me this 16th day of June in the City of Dumaguete, Philippines. I HEREBY CERTIFY that I have personally examined the herein affiants and I am satisfied that they voluntarily executed and understood their given affidavit.

_____________________

Deputy City Prosecutor