Court : C a l l t h e c a s e

Clerk of Court : P e o p l e o f t h e P h i l i p p i n e s V s . B o y A r m a d o , Criminal Case N0.

1866 for: Violation of Republic Act 10591 otherwise known as the Comprehensive
Illegal Possession of Firearms and ammunition. This for the presentation of
Prosecution witness.

Court : A p p e a r a n c e s f o r P r o s e c u t i o n :

Atty. Kentjay Gementiza for the prosecution your honor.

Court : A p p e a r a n c e f o r D e f e n s e :

Atty. Coyacoy Waydaogdaog

Court : P r e s e n t a t i o n o f 1 st witness for the Prosecution. Is the

Prosecution ready?

P R O S E C U T I O N : Y E S ,
W E R E R E A D Y Y O U R
H O N O R .
st
Court: W h o i s t h e 1 witness for the Prosecution?

P R O S E C U T I O N : Yo u r H o n o r , I w i l l b e p r e s e n t i n g S P O 4 R a m i l B Vi l l a l u z ,
the arresting officer in this case.

Court : C a l l t h e w i t n e s s .

P R O S E C U T I O N : M a y w e c a l l S P O 4 R a m i l B Vi l l a l u z t o s t a n d i n t h e w i t n e s s
stand.

Court : S w e a r t h e w i t n e s s .

Court Interpreter : R a i s e y o u r r i g h t h a n d . D o y o u s w e a r o r a f f i r m t o t e l l t h e
t r u t h , t h e w h o l e truth, and nothing but the truth?/State your personal circumstances.

Witness: I do. I am SPO4 Ramil B Villaluz, 49 years old, married, a resident of Cebu City, active member of the PNP
presently assigned with Police Station 2, CCPO and duly designated as Team Leader of the Intelligence Operative of the
station.

Court Interpreter: T h e p r o s e c u t i o n w i t n e s s i s r e a d y .

Court : S t a t e t h e p u r p o s e i n p r e s e n t i n g y o u r w i t n e s s .

PROSECUTION:: Y o u r H o n o r , T h e p u r p o s e i s t o p r o v e d t h e a c c u s a t i o n
that BOY ARMADO, the accused in this case is in possession of an
unlicensed firearm which is in violation of RA 10591 otherwise
known as the Comprehensive Law on Firearms and Ammunition
particularly Section 28 (a) and was arrested in flagrante delicto by
t h e t e a m o f S P O 4 R a m i l B . Vi l l a l u z .

PROSECUTION: May I proceed your honor?

Court: Proceed.

PR O SE C U TI O N : Mr. Wi tn e s s , H o w l o n g h a v e b e e n a p o lic e o ff ic e r?

Witness: I have been in the police service for 21 years and 7

m o n t h s s i r.

P R O S E C U T I O N : M r. Wi t n e s s , w h a t w a s t h e b a s i s o f y o u r a r r e s t
a g a in s t M r. B O Y A RM A D O ?

Witness:On August 12, 2016 at around 1:00PM, while I was in the

office rendering my duty as team leader, our Desk Office r rece ived
a telephone call from concerned citizen regarding an armed person
near the Gate 2 of SWU wh ich was described as long hair, wea ring
b la c k s u n g la s s e s , p la in w h i te t- s h i rt , b la c k je a n s a n d w h o s g u n
was seen by the concerned citizen caller protruding from the
persons right waistline.

PROSECUTION: What happened next after your office received a

call from concerned citizen?

Witness: My attention was called by of Chief of Police.

PROSECUTION: What do you mean by your attention was called by

your COP?

Witness: It means sir that I was directed by my COP to verify the

alleged armed person at Gate 2 of SWU.

PROSECUTION: What happened next if any?

Witness: I then formed a four man team to respond and validate

said report?

PROSECUTION: Do you know the team composition?

W i t n e s s : Ye s s i r . I a c t e d a s t h e Te a m L e a d e r w h i l e P O 1 S i l v e s t r e
G a h i , P O 1 P o r o H o m o c a n d P O 1 H i l o Ta n a n s e r v e d a s m y m e m b e r s .

PROSECUTION: What did you do after you formed a team?

Witness: My team then proceeded to Gate 2 of SWU on board in

our unmarked service jeep.

PR O SE C U TI O N : Ca n y o u d e s c rib e th e v e h ic le M r. Wi t n e s s ?

D e fe ns e : O b je c ti o n y o u r h o n o r. T h e w i tn e s s h a s a lre a d y d e s c ri b e
the vehicle that it is unmarked service jeep.
Court: (It depend on what the court will rule)

If sustained-Prosecution: Okay i will refresh my question your

h o n o r.

PROSECUTION: Can you recall the plate number of the service

je e p M r. Wi t n e s s ?

W i t n e s s : Ye s s i r , S G D 7 7 7 .

PROSECUTION:Who owns the unmarked service jeep Mr. Wit n e s s ?

Wi t n e s s : I t i s o w n b y t h e P N P s i r.

PR O SE C U TI O N : Wh a t h a p p e n e d n e x t M r. Wi t n e s s ?

Witness: Upon arrival at Gate of SWU, we immediately spotted the

person as described by the ca lle r, stand ing near the gate of SWU
Gate2.

PROSECUTION: Can you recall what time did your team arrived at
Gate 2 of SWU?

Witness: If my memory serve s me right sir, it was 20 minutes past

1:00 PM.

PROSECUTION: What happened next?

Witness: As I men tioned earlie r sir,our team immediate ly spo tted

the person as described to be armed and I then instructed PO1 Gahi
and PO1 Homoc to watch closely the movements of the persons and
do whatever is necessary if the person will violently react while I
a n d P O 1 Ta n a n w i l l a p p r o a c h e d .

PROSECUTOR:Did you approached the person as described?

W i t n e s s : Ye s s i r .

PROSECUTION: What happened next if any?

Witness: I noticed tha t th e person wa s acting susp ic iously and

there was an instance that his upper garment was unintentionally
lifted due to his uneasiness and at that juncture I saw the firearm
stuck right at his waistline?

PROSECUTION? What did you do next?

Witness:I then immed iately held the person a t his righ t hand an
in t ro d u c e d m y s e l f a s p o l ic e o ff ic e r.

PROSECUTION: What happened next after you held the person and
identifying yourself as police officer?
Witness: The person was su rprised and d id not make any re sistance .

PROSECUTION: What did you do next?

Witness: I then conduc ted a pat sea rched on the person whom I
identified later as Boy Armasan, 25 years old, single, jobless, a
r e s i d e n t o f G u a d a l u p e , C e b u C i t y, a n d f o u n d a . 3 8 c a l i b e r h o m e
m a d e re v o l v e r l o a d e d w ith f iv e l iv e a m m u n i ti o n o f .3 8 c a li b e r.

PROSECUTION: What happened after you seized the .38 caliber

home made revolver from Boy Armasan?

Witness: I then asked Boy Armasan of any au thority or license to

possess said but same failed to show any proof of legitimacy of
ownership.

PROSECUTION: What did you do next?

Witness: I then apprised BOY Arm asan of h is Con stitution rights in

a language known to him and also informed him of the offense he
committed and placed him under arrest at about 1:35 PM of August
12, 2016.

PROSECUTION:What happened next?

Witness: Our te am then brough t Boy Arma san to Police Sta tion 2 ,
CCPO for documentation and proper disposition.

PROSECUTION: Attached to the records on this case is a joint

a ff i d a v i t o f a r r e s t i n g o ff i c e r s , c a n y o u i d e n t i f y w h o s a f f i d a v i t i s
this?

Wi t n e s s : I t o u r j o i n t a ff i d a v i t s i r.

PR O S E CU TI O N :B e lo w th e a ffi d a v i t Mr. Wi t n e s s i s a n a m e o f S PO 4
R a m i l B Vi l l a l u z w i t h s i g n a t u r e , w h o s s i g n a t u r e i s t h i s ?

Witness: It is my signatu re sir?

PROSECUTION: May I request your Honor that this joint affidavit

be marked as our Ex. A while the signature above the name of SPO4
R a m i l B Vi l l a l u z b e m a r k e d a s o u r E x A - 1 .

Court: Marked it.

PR O S E CU TI O N : M a y I p ro c e e d y o u r H o n o r.

Court: Proceed.
P R O S E C U T I O N : M r. Wi t n e s s , a t t a c h e d t o t h e r e c o r d s o f t h i s c a s e i s
the Request for firearms verification addressed to FESSAGS, Camp
C r a m e , Q u e z o n C i t y, w h o p r e p a r e d t h e r e q u e s t M r. Wi t n e s s i f y o u
can recall?

Wi t n e s s : I w a s t h e o n e w h o p r e p a r e d i t s i r.

PROSECUTION: May we request your Honor that this request for

firearms verification be marked as our EX. B.

Court: Marked it.

PR O S E CU TI O N : Th a n k y o u y o u r H o n o r, M r. Wi tn e s s a tt a c h e d a ls o
to the records of this case is the a certification from FESSAGS,
who issued this certification?

D E FE N SE : O b je c ti o n y o u r h o n o r, th e w it n e s s is n o t th e r ig h t
person to testify with regards to that document as he is not
connected with the issuing Office.

Court: ( It depends again)

P R O S E C U T I O N : Yo u r h o n o r I m j u s t a s k i n g t h e w i t n e s s w h o i s s u e d
t h e c e r t i f i c a t i o n i f h e k n o w j u s t f o r t h e r e c o r d y o u r h o n o r.

Witness: (Possible answe r- It is issued by PSUPT DO THIRSTY)

PROSECUTION: May we request your Honor that this certification

from FESSAGS be marked as our EX. C.

Court: Marked it.

PROSECUTION: What happened now to the firearms and

ammunition you seized from Boy Armasan?

Wit n e s s : A f te r th e d o c u m e n ta t io n s i r, I th e n s u b m i tt e d i t to
PNPCLO7 for Ballistic Examination as SOP on seized unlicensed
firearm.

PROSECUTION:Attached to the records of the case is a request for

Ba l li s t i c Ex a m in a tio n , w h o p r e p a re d t h i s re q u e s t M r. Wi t n e s s .

Wi t n e s s : I p r e p a r e d i t s i r.

PROSECUTION: may we request your Honor that this request for

ballistic examination be marked as our EX. D.

Court: Marked it.

PR O S E CU TI O N : If th e fi re a rm w i ll b e s h o w n to y o u rig h t n o w M r.
Witness, can you still iden tify it?
W i t n e s s : Ye s s i r .

PROECUTION: How would you know?

Wi t n e s s : B e c a u s e I m a r k e d t h e b a r r e l o f t h e . 3 8 FA w i t h B A - 1 , t h e
handle with BA-2 and the cylinder with BA-3.

PROSECUTION: YOUR HONOR may we manifest that the PNPCLO7

b e i s s u e d s u b p o e n a f o r t h e p r e s e n t a t i o n o f s a i d FA t o t h i s
Honorable Court.

Court: Issue Subpoena to PNPCLO.

P R O S E C U T I O N : M r. Wi t n e s s i s t h e a c c u s e d B o y A r m a s a n i n t h e
c o u r t r o o m r i g h t n o w.
W i t n e s s : Ye s s i r .

PROSECUTION: Can you identify him?

Court Interpreter: The witness is pointing to a man wearing a white

t-shirt seated on the right side of the court court.

C o u r t I n t e r p r e t e r : ( Ta l k i n g t o t h e a c c u s e d ) C a n y o u p l e a s e i d e n t i f y
yourself sir?

Accused: I am Boy Armasan.

Court Interpreter: The person pinpointed by the witness identify

himself as Boy Armasan.

P R O S E C U T I O N : t h a t w o u l d b e a l l f o r m y w i t n e s s y o u r H o n o r.

Court: Defense ready for cross?

D e f e n s e : Ye s w e a r e r e a d y , M a y I a p p r o a c h t h e w i t n e s s y o u r H o n o r ?

Court: Proceed.

D e fe n s e : Mr. Wit n e s s , w i ll y o u a d m it th a t m y c l ie n t Bo y A rm a s a n
was arrested by your team without a warrant of arrest, yes or no.

Wit n e s s : Th a t is c o rre c t s ir.

D E F E N S E : Yo u m e a n y e s M r . W i t n e s s ?

W i t n e s s : Ye s s i r .

DEFENSE: Do you think it is not against the law arresting a person

without a valid warrant of arrest,yes or no?

Witness:It is against the law sir but the accused was arre sted by
virtue of the stop and frisk rule and in flagrante delicto which is
v a l i d u n d e r t h e l a w.
D E FE N SE : J u s t a n s w e r m y q u e s t io n w i th y e s o r n o M r. Wi tn e s s ? I
will repeat my question,Do you think it is not against the law
arresting a person without a valid warrant of arrest?

PROSECUTION: Objection your Honor, the witness has already

answered the question.

Court: The witness may answer yes or no.

W i t n e s s : Ye s .

D E FE N SE : So Mr. Wit n e s s it means to say that you arrested my

client illegally?

Wi t n e s s : N o s i r.

D E FE N SE : H o w lo n g h a v e b e e n a p o l ic e o ff ic e r Mr. Wit n e s s ?

PROSECUTION: Objection your Honor the witness has already

a n s w e r e d t h a t q u e s t i o n e a r l i e r.

Court: (It depends)sustained or overruled or the witness may

answer the question:

Wit n e s s :2 1 y e a rs 7 m o n th s a n d 2 3 d a y s a s o f to d a y to b e e x a c t s ir.

D E FE N SE : F o r th a t lo n g M r. Wi tn e s s , I s u p p o s e y o u k n o w a l re a d y
how a firearms work?

W i t n e s s : Ye s s i r .

DEFENSE: Do you think that the firearm you confiscated from my

client can still discharge or fire a shot?

Wi t n e s s : I h a v e n t t r i e d f i r i n g i t s i r.

DEFENSE:Can you described to this honorable court how did you

happened to noticed the firearm from my accused client waistline?

Witness: The accused in th is case was standing when I happened

to noticed the firearm tuck to his waistline.

DEFENSE: Can you perform how my client acted that time?

Witness:He was pulling something fro m h is righ t fron t pocket and

at the same time lifting his t-shirt by his left hand.

Court Interpreter:The witness is holding his shirt with his left

hand and lifted it while the right hand is pulling something from
the right pocket.

D E FE N SE : Th a t w o u ld b e a ll fo r t h e d e fe n s e y o u r h o n o r.
Court: Any Re- Direct?

P R O S E C U T I O N : N o . R e d i r e c t y o u r h o n o r.

Court: Re- Cross?

D E F E N S E : N o r e - c r o s s y o u h o n o r.

Court: The witness is excused.

C o u r t : O r d e r. W h e n t h i s c a s e w a s s e t f o r h e a r i n g t o d a y, t h e
prosecution and the defense were all present as well as the accused
in this case and the prosecution presented its first witness SPO4
R a m i l B Vi l l a l u z .

During the trial prosecution manifested that the Firearm and

ammunition be presented to this court in the next setting.

I n v i e w o f t h e f o r e g o i n g , i s s u e S u b p o e n a D u c e s Te c u m t o P N P C L O 7
with the order to bring to this honorable court the firearm and
ammunition who was subjected for Ballistic Examination in the
above caption case in the next setting.

Likewise, issue subpoena to PO1 Silvestre Gahi to appear and

testify to this honorable court on September 30, 2016 at 8:30 AM.

F a i l n o t u n d e r t h e p e n a l t y o f l a w.

SO ORDERED.

Hon. Dela Pea

Presiding Judge
SWU Trial Court