Republic of the Philippines

MUNICIPAL TRIAL COURT

Second Judicial Region
Sta. Ana, Cagayan

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 4499

Plaintiff,
-versus- For:

EFREN ABOGADI, et al., “VIOLATION OF RA 8550 AS

MAC JUN CAPILLANES Amended by RA 10654
Accused,
x-----------------------------------x

JUDICIAL AFFIDAVIT
of Pablo Pascua Almero
Member, Fisheries Protection & Law
Enforcement Group

OFFER OF TESTIMONY:

Your Honor, the testimony of the witness Pablo P. Almero is being

offered to prove the following:

1. That the accused were on the act of fishing using compressor when
the Fisheries Protection and Law Enforcement Group encountered
them along the municipal waters off Sitio Pozzorobo, San Vicente,
Sta. Ana, Cagayan;

2. That the accused were in possession of live aquarium fish which was
confiscated by the FPLEG and secured for laboratory examination.

Pablo Almero will identify this affidavit and his signature appearing
herein. He will also identify documents pertinent to this case.

The direct examination of Pablo Almero shall be conducted by Special

Prosecutor Roderick N. Revilloza, Legal Officer, Bureau of Fisheries and
Aquatic Resources Regional Office No. 02, Tuguegarao City, Cagayan.

Pablo Almero shall answer the questions asked of him, fully conscious
that he does so under oath, and that he may face criminal liability for false
testimony or perjury.

1. Question: Where are you working at present?

Answer: I am working as a staff in the Monitoring Control and

Surveillance (MCS) of the Bureau of Fisheries and Aquatic
Resources – Region 02 stationed at Maconacon, Isabela.

2. Question: What is the nature of your work in the MCS?

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 Answer: I work as a support staff in the office and I am usually
involved in the fishery law enforcement as member of the
Fisheries Protection and Law Enforcement Group (FPLEG).

3. Question: As a member of the FPLEG, what is your participation

during the conduct of your patrol missions and apprehensions?

Answer: I usually assist in the manning of the patrol boat

particularly in boat docking. And during the operations, I usually
sets the boat for the boarding and disembarkation of other FPLEG
members.

4. Question: Where were you on September 20, 2016 and what are
your activities during that time?

Answer: I am on a patrol mission with the FPLEG headed by Mr.

R-Jay Torres using the MCS Patrol Boat while moving towards
Sta. Ana, Cagayan.

5. Question: While on your way to Sta. Ana, Cagayan, did you

encounter any illegal fishing activities?

Answer: Yes, we saw an unmarked fishing boat anchored along

the municipal water near Sitio Pozzorobo, San Vicente, Sta. Ana,
Cagayan.

6. Question: How far was the boat when you saw it?

Answer: We noticed the unmarked fishing boat at approximately

300 meters from our location.

7. Question: At a distance of 300 meters, what did you observe from

the boat that you saw?

Answer: The boat was stationary while its crew were on the act of
fishing using compressor.

8. Question: How did you know that they were fishing with the use
of compressor:

Answer: I saw one crew on-board while pouring seawater to the

compressor motor. As we get closer at about 100 meters, I heard
the loud sound of the compressor motor while it was being
operated. Then attached to the compressor motor was a hose
extending underwater.

9. Question: At what part of the patrol boat were you positioned

when you saw the compressor motor being operated?

Answer: I am in front or at the bow part of the boat sir.

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 10. Question: After that, what did you do?

Answer: We approach the said boat and as we came closer, Mr.

Raul Cajucum identified ourselves as member of BFAR FPLEG
using a megaphone. He expressed his intention to conduct
inspection.

11. Question: What was the reaction of the boat crew?

Answer: Initially, they were surprised and speechless.

12. Question: What happened next?

Answer: With the approval of the boat crew, Mr. Raul Cajucum
boarded their boat and started with the conduct of inspection.
Upon boarding, we found out plastic bags containing live
aquarium fishes. Mr. Cajucum asked for their fishing permit or
registration including their fishing licenses but they failed to
present any. Mr. R-Jay Torres proceeded with the
documentation by taking photos of the boat and crew including
the fishing paraphernalia and the aquarium fishes on-board
the boat.

13. Question: What did you do with the aquarium fishes?

Answer: Mr. Cajucum asked for a sample of the fish for

laboratory examination. One of the crew handed a single
plastic bag containing the aquarium fish.

14. Question: What happened next?

Answer: Mr. Cajucum issued the inventory report of seized

articles and asked one of the crew to sign therein.

15. Question: Did you know who sign the same?

Answer: I do not know his name but he is the one talking with
Mr. Cajucum at that time.

16. Question: Do you have any other matters that you wish to
state?

Answer: That is all, Sir. I will relate further testimony in open

court.

This Judicial Affidavit is being made to attest to the truthfulness of

the facts contained therein, and to serve as evidence in favour of the
complainant.

IN WITNESS WHEREOF, I have hereunto affixed my signature on

___________, in Tuguegarao City, Cagayan, Philippines.

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 PABLO PASCUA ALMERO
Affiant

SUBSCRIBED AND SWORN to before me this August 2, 2019 at

Tuguegarao Ciy, affiant who is personally known to me, exhibiting to me
her competent evidence of identity, _________________________ issued on/at
_________________________.

RODERICK N. REVILLOZA
Special Prosecutor

SWORN ATTESTATION

I, Atty. Roderick N. Revilloza, Legal Officer – BFAR Region 2, of the

Bureau of Fisheries and Aquatic Resources, after being sworn in
accordance with law, hereby depose and state that:

1. I faithfully recorded or caused to be recorded the questions I asked

and the corresponding answers that the affiant/witness gave; and

2. No person then present or assisting me coached the witness

regarding the latter's answers.

RODERICK N. REVILLOZA
Special Prosecutor

SUBSCRIBED AND SWORN to before me this _______________ at Sta.

Ana, Cagayan, Philippines.

FRANCIS REY F. GASPAR

Prosecutor – II

Copy Furnished:

ATTY. IMEE SINCO-GASPAR

PAO, Aparri, Cagayan

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