Republic of the Philippines

REGIONAL TRIAL COURT

FOURTH JUDICIAL REGION
BRANCH 2,
Batangas City, Batangas

PEOPLE OF THE PHILIPPINES,

Plaintiff, Crim. Case No. 000006

For: Presidential Decree

-versus- No.1866, as amended by
Republic Act No. 10591

ROBIN CARIÑO PADILLA A.K.A.

ROBIN PADILLA,
Accused.
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JUDICIAL AFFIDAVIT

I, ROBIN CARIÑO PADILLA, of legal age, Filipino citizen,

married and with residence and postal address at Acacia, Brgy.
Mataas na Lupa, Lipa City, Batangas, the accused in this case,
state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Sherylyn Faith E.

Pahulayan at my office located at Unit 3, Second Floor, YMC
Building, National Hi-Way, Lipa City, Batangas.

The examination is being held at the above-mentioned

address. I am answering her question fully conscious that I do so
under oath and may face criminal liability for false testimony and
perjury.

PURPOSE

This Affidavit / testimony of accused ROBIN CARIÑO

PADILLA is being offered to prove that:

a) Accused is a Filipino actor, a scriptwriter, a producer of

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Filipino movies, and a businessman;

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b) On November 14, 2019, the accused who, while driving a
Hummer with Plate VIP999, just finished a whole-day
“shooting” of the movie entitled “Makuha Ka Sa Tingin Kung
Pwede Lang”, at about 10:00 o’clock in the evening, received a
phone call from his wife Mariel Padilla;

c) Mariel Padilla was asking for assistance because she was

alone at their residence in Mataas na Lupa in Lipa City, and
was about to give birth;

d) Accused, upon hearing his wife’s predicament, drove his

vehicle in a haste along the National Highway of Batangas
Tabangao-Lobo Road, in Batangas City toward Lipa City;

e) Accused was flagged down by SPO1 Fernando Bato and PO3

Cardo Sinas during a checkpoint conducted by the said police
officers positioned in front of Most Holy Trinity Parish Church
along the National Highway of Batangas Tabangao-Lobo
Road, in Batangas City;

f) Accused did not notice that he was flagged down to stop by

the said police officers during the said checkpoint;

g) Accused was too focused in going home to his wife and give
the latter aid;

h) Accused was commanded by the apprehending police officers,

SPO1 Fernando Bato and PO3 Cardo Sinas, to disembark
from his vehicle when he was intercepted at M. Pastor Avenue
along Batangas Tabangao-Lobo Road, in Batangas City;

i) Accused was only committing a traffic violation for

“overspeeding”, when he was flagged down to stop by the
apprehending police officers along Batangas Tabangao-Lobo
Road, in Batangas City, and no overt act indicating that he
has just committed, is actually committing, or is attempting
to commit a crime;

j) That the checkpoint was set up in a dark place and was not
properly lighted pursuant to the PNP Checkpoint Guidelines;
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 k) The police officers who arrested the accused did not properly
identify themselves as members of the Search/Arresting Sub-
Team, Security Sub-Team, and Blocking/Pursuing Sub-Team
mandated by the PNP Checkpoint Guidelines;

l) The marked vehicle was also parked in the dark place which
prevented the accused from noticing such checkpoint;

m) The commission of a traffic violation does not justify the

arrest of the accused Robin Cariño Padilla; under Section 29
of R.A. 4136 or The Land Transportation Code, such violation
merely warrants the confiscation of the offender’s driver’s
license, and imposition of fines or penalties;

n) Following the accused’s unlawful arrest, the apprehending

police officers have no legal authority to command the
accused to disembark from his vehicle nor seize from the
body of the accused the pistol tucked in his waist because he
only committed a traffic violation at the time of his arrest;

o) The said firearm was the product of an illegal search and

thus, illegally obtained in his possession;

p) The seizure of the said firearm conducted by the

apprehending police officers in the body of the accused is not
considered a search incidental to a lawful arrest;

q) The alleged firearms and ammunitions that were confiscated

by the apprehending officers were not immediately marked
nor inventoried and photographed in violation of the Chain of
Custody Rule in handling evidence;

r) The Constitutional Rights of the accused were violated for

failure of the arresting officers to inform him of his Miranda
Rights right at the time of his arrest;

s) Such other matters relevant thereto.

Question 1:
Please state for the record, your name and other personal
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circumstances.
Answer:
I am ROBIN CARIÑO PADILLA, of legal age, Filipino citizen,
married and with residence and postal address at Acacia,
Brgy. Mataas na Lupa, Lipa City, Batangas, and the accused,
in the instant case, ma’am.

Question 2:
Mister Witness, what is your occupation?

Answer:
I am known professionally as “Robin Padilla”, a
Filipino actor, a scriptwriter, a producer of Filipino movies,
and a businessman, ma’am.

Question 3:
Where were you on 14 November 2019 at around 10:00
o’clock in the evening?

Answer:
I was driving my vehicle, a 2019 model Hummer H4 with
Plate No. VIP999, along the Batangas-Tabangao-Lobo Road in
Batangas City, when I received a call from my wife Mariel, that she
was in pain and about to give birth in a few hours to our first baby,
ma’am.

Question 4:
And what did you do, after receiving a call from your wife,
Mariel, that she was in pain and about to give birth at that
moment?

Answer:
I got panicked because my wife was without a companion at
that time, ma’am?

Question 5:
And where was your wife at the time when she called you up?

Answer:
She was in our house at Mataas na Lupa in Lipa City, ma’am.
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Question 6:
What did you do next?

Answer:
I hurriedly drove my said vehicle and I did not notice I was
driving fast in order to get home, ma’am.

Question 7:
By the way, where were you coming from that said day Mr.
Witness?

Answer:
I just came from a whole-day “shooting” of my movie entitled
“Makuha Ka Sa Tingin Kung Pwede Lang”, an entry film for the
2019 Metro-Manila Film Festival, ma’am.

Question 8:
And where did the shooting of your said movie was held, Mr.
Witness?

Answer:
In Punta Verde Beach Resort, Lobo, Batangas, ma’am.

Question 9:
By the way Mr. Witness, what kind of movie is that “Makuha
Ka Sa Tingin Kung Pwede Lang” and what is your role in that
movie?

Answer:
It is an “action filled with love-drama movie” and I am the
“Lead Actor” in that movie, ma’am.

Question 10:
What happened next while driving your said vehicle?

Answer:
I noticed that there was a PNP mobile car chasing after me,
ma’am.
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Question 11:
Where were you when you noticed that the PNP mobile car
was chasing after you?

Answer:
I was traversing the national highway of Batangas-Tabangao-
Lobo Road, in Batangas City, ma’am.

Question 12:
What happened next, Mr. Witness?

Answer:
I slowed down a little bit and swerved my vehicle to the
shoulder lane of the highway, ma’am.

Question 13:
What did the apprehending police officers do when you
suddenly slowed down, Mr. Witness?

Answer:
They were able to reach me and intercepted my vehicle,
ma’am.

Question 14:
What did you do, Mr. Witness?

Answer:
I stopped my vehicle, ma’am.

Question 15:
Did you alight immediately from your vehicle?

Answer:
I was hesitant to alight from my vehicle because I have no
companion and also, I was frightened because I believe I have not
violated any law, ma’am.

Question 16:
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What happened next?

Answer:
I was constrained to alight from my vehicle because they
commanded me to alight from my vehicle, ma’am.

Question 17:
What did you do when you alighted from your vehicle?

Answer:
I asked them what is my violation, ma’am.

Question 18:
What did they tell you?

Answer:
They did not answer my question but only made me raise
both of my hands, ma’am.

Question 19:
Did you raise your both hands?

Answer:
Yes, ma’am.

Question 20:
Why did you raise your two hands to the police officers?

Answer:
To show my respect to them and to show also, that I am not a
“bad” boy (“masamang tao”) as what I am being popularly known in
all my movies, ma’am.

Question 21:
Do you know the police officer who apprehended you?

Answer:
I came to know him when I was already at the police station,
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ma’am.
Question 22:
Can you name the said police officers who apprehended you?

Answer:
SPO1 Bato and PO3 Sinas, of the PNP Batangas City Police
Station, ma’am.

Question 23:
Were you informed of your rights when the said police officers
apprehended you?

Answer:
Not until we arrived at the police station, ma’am.

Question 24:
What did the apprehending police officers do to you after you
were arrested by them, Mr. Witness?

Answer:
They brought me to the PNP Headquarters, Batangas City and
there they detained me for illegal possession of firearm, ma’am.

Question 25:
By the way, did you ask the apprehending police officers why
did they chase you?

Answer:
According to them, they were conducting a “check point” at
the highway of Batangas Tabangao-Lobo Road, in Batangas City,
and that they saw me driving so fast and they flagged me down but
I did not stop, ma’am.

Question 26:
Why did you not stop?

Answer:
I did not notice them, ma’am.
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Question 27:
Why did you not notice them?

Answer:
The place was dark so I did not notice the presence of the
policemen manning the checkpoint as well as their vehicle. Also, I
was really in a state of panic and worry because my wife was about
to give birth and she was alone in the house, that’s why my mind
was focused in hurriedly going home to give aide to my wife that I
drove my vehicle so fast in order to get home and to bring her to
the hospital, ma’am.

Question 28:
If the violation you committed was a traffic violation, why did
the police officers apprehend you?

Answer:
They accused me of possessing high caliber firearms, ma’am.

Question 29:
Did you see the said firearms?

Answer:
Yes, ma’am.

Question 30:
What did the said firearms look like?

Answer:
There was a hand carry gun and a long type of gun, ma’am.

Question 31:
What did they do to the said firearms?

Answer:
They put it in a sack, ma’am.
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Question 32:
 Did you see how they handled the said firearms?

Answer:
Yes, ma’am.

Question 33:
How did they handle the said firearms?

Answer:
They tossed it in their vehicle, ma’am.

Question 34:
Did they do anything else such as mark or take photographs
of said firearms upon your arrest?

Answer:
No, ma’am.

Question 35:
Do you know how far is the police station from the arresting
place?

Answer:
Yes, ma’am.

Question 36:
How far is it?

Answer:
Almost 5 kilometers, ma’am.

Question 37:
How long did it take to get to the police station from the
arresting place?

Answer:
Around 16 minutes, ma’am.
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Question 38:
What did they do to you upon arriving at the said station?

Answer:
They locked me up, ma’am.
Question 39:
Did you know what happened to the said firearms?

Answer:
No, ma’am.

Question 40:
Did you know how and when the firearms were marked?

Answer:
No, but I saw the firearms were already marked when the
arresting officer presented the evidence during the preliminary
investigation, ma’am.

I have no further question, Your Honor.

IN WITNESS WHEREOF, I have hereunto set my hand this 1

June 2020 at Lipa City, Batangas.

ROBIN PADILLA
ROBIN C. PADILLA
AFFIANT

SUBSCRIBED AND SWORN to before me this 2 December

2020 at Lipa City, Batangas, affiant exhibiting to me his Driver’s
License with No. D14-1001000 as competent proof of identity.

Doc. No. 1
Page No. 2
Book No. 9
Series of 2019.
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 LAWYER’S ATTESTATION

I, ATTY. SHERYLYN FAITH E. PAHULAYAN, with office

address at Unit 3, Second Floor, YMC Building, National Hi-Way,
Lipa City, Batangas, the private prosecutor on record of the instant
case, attest that I personally conducted the examination of accused
Robin C. Padilla at Lipa City, Batangas, and that I faithfully
recorded the questions I asked and the answer given by the said
witness; that I reminded and made the witness consciously aware
that he testified under oath and that he may face criminal liability
for false testimony or perjury; and that neither I nor any other
person then present or assisting me coached the witness regarding
his answers.

Further, exhibits attached to this Judicial Affidavit are

original or faithful reproduction of the original and/or certified
copies.

SfPahulayan
ATTY. SHERYLYN FAITH E PAHULAYAN

SUBSCRIBED AND SWORN to before me this 2 December 2020

License with No. D10- 18-021296 as competent proof of identity.

ATTY. CARL MITCHELL

GUEVARA
NOTARY PUBLIC
Until December 20, 2020
PTR No. 1298967-08-03
01/05/2018
IBP No. 8906445-03 – 01/05/2018
Both in Lipa City
MCLE Compliance No. 0168494
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Doc. No. 1
Page No. 2
Page

Book No. 9
Series of 2020.

Copy Furnished:
PROSECUTOR JAIME BIANZON
PROSECUTOR ADONIS BALINGIT
Office of the City Public Prosecutor
Hall of Justice ,Lipa City

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