Republic of the Philippines

REGIONAL TRIAL COURT

7th JUDICIAL REGION
Branch 43, Tanjay city stationed at Dumaguete City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

CRIM. CASE NO. 2067

-versus- FOR: VIOLATION OF SEC. 5,
ART.2 OF RA 9165 [THE
RICARDO BUSCAINO y AGAD, COMPREHENSIVE DANGEROUS
a.k.a “TATAY BUSKI” DRUGS ACT OF 2002]

Accused.

x x

JUDICIAL AFFIDAVIT OF PO2 Al Lester S. Avila

I. PRELIMINARY INFORMATION.

A. NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE WITNESS.

Name: PO2 Al Lester S. Avila

Age: 26 years old
Address: Brgy.Piapi, Dumaguete City
Occupation: Police Officer
Language: English, Filipino and Bisaya

B. LAWYER WHO CONDUCTED THE EXAMINATION OF THE WITNESS.

Name: Atty. Jim Peterick Sison

Address: Office of the City Prosecutor, branch 43, Tanjay City stationed at Dumaguete City
Place of Examination: Office of the City Prosecutor, branch 43, Tanjay City stationed at
Dumaguete City.

II. OFFER.
The witness will testify to corroborate the testimony of PO1 Darelle Jed B. Delbo and to
testify on the taking of photos during the inventory. The testimony of PO2 Al Lester S. Avila is
being offered to prove the following:
1. That he is a member of the PNP by profession;
2. That he is presently assigned at Special Operation Group of Police Provincial Office,
Negros Oriental.
3. That he is a member of the team who conducted the buy- bust operation, acting as the
immediate back- up and the one who took photographs during the inventory.
4. And to prove other relevant matters.

III. JUDICIAL AFFIDAVIT PROPER.

I, PO2 Al Lester S. Avila, 26 years old, single, Filipino, and residing at Brgy.Piapi, Dumaguete
City, under oath, depose:

1. Q- Please state your name, age, residence, and occupation.

A- I am PO2 Al Lester S. Avila, 26 years old, single, Filipino, and residing at Brgy.Piapi,
Dumaguete City and a Police Officer.

2. Q- Why are you here?

A- To give a sworn statement by way of Judicial Affidavit.

3. Q- In which language do you prefer your affidavit to be made?

A- In English.

4. Q- What is the purpose of your affidavit?

A- For the filing of a criminal case for violation of RA 9165 against Ricardo Buscaino y
Agad.

5. Q- Are you aware that you are only to tell the truth and false testimony will make you
criminally liable for perjury?
A- Yes, I am aware.

6. Q- What is your profession?

A- I am a member of the PNP.

7. Q- What is your rank as a member of the PNP?

A- PO2, Sir.

8. Q- How long have you been in the service as a police officer?

A- I have been in the service for almost 4 years.

9. Q- Where are you assigned, Mr. Witness?

A- I am assigned at the Special Operation Group of Police Provincial Office, Negros Oriental.
10. Q- When did this buy-bust operation conducted?
A- It was conducted last July 23, 2014 at about 3:00 in the afternoon.

11. Q- Where was it conducted?

A - At the house Ricardo Buscaino in Brgy. Obogon, Tanjay City.

12. Q- What did you do during the said buy-bust operation?

A- I was tasked to be the immediate back-up of PO1 Delbo and the one in charged to take
photographs during inventory.

13. Q- Who composed the buy-bust operation team?

A- Myself, as the immediate back-up of PO1 Delbo and the one in charged to take
photographs during inventory, PO1 Delbo, poseur buyer/ arresting officer, and SPO3 Allen June
R. Germodo as the team leader.

14. Q- Were there other personalities involved during the buy-bust operation?
A- Yes, there were representatives from the Media, DOJ and an elected barangay official.

15. Q- Did you know who your specific target was?

A- Yes, Ricardo Buscaino y Agad.

16. Q- Can you tell me a brief summary of the specific plan?

A- It was agreed that I, PO2 Avila will act as the immediate back-up of PO1 Delbo and the
one in charged to take photographs during inventory. PO1 Delbo, together with the confidential
informant will act as poseur-buyer. PO1 Delbo and the confidential informant will enter the
house of Ricardo Buscaino to buy from the latter 500 pesos worth of shabu, using the marked
money. Once the sale is consummated, PO1 Delbo will ring the mobile phone of SPO3
Germodo, as the pre- arranged signal, and then I, PO2 Avila, will arrive. Thereafter, PO1 Delbo
will arrest the seller.

17. Q- What was the pre- arranged signal?

A- To ring the mobile phone of SPO3 Germodo.

18. Q- What happened when the mobile phone of SPO3 Germodo rang?
A- SPO3 Germodo then told me to immediately go to the target location.

19. Q- And what time did you arrive at the target location of the buy-bust operation?
A- At around 3:00 o’clock in the afternoon.

20. Q- What happened when you arrived at the house of Ricardo Buscaino?
 A- POI Delbo, immediately informed Ricardo Buscaino that he is a Police Officer and they
were under arrest for violation of RA 9165.

21. Q- What happened thereafter, if any?

A- Ricardo Buscaino alias "Tatay Buski" was placed under arrest by POI Delbo for violation
of RA 9165. POI Delbo, conducted a body search to Ricardo Buscaino and recovered and
confiscated from his possession the fifteen (15) pieces transparent plastic sachets containing
shabu, now marked as RB-Pl to RB-P15, placed inside a carton box color black, now marked as
RB-P, and one (1) piece Cal. 45 pistol colt with serial number 152037, and one (1) piece
magazine containing seven (7) pieces live ammunition placed inside a holster and tucked in his
right waist.

22. Q- What happened next, if any?

A- Ricardo Buscaino was informed with the nature of his arrest and his constitutional rights
and PO1 Delbo asked him if he understood of his rights, he answered affirmatively.

23. Q- What happened after, if any?

A- At the top of the table, PO1 Delbo recovered and confiscated the following, to wit:

11.1 One (1) piece five-hundred peso bill bearing serial number NG592321 marked money;
11.2 Six (6) pieces one-hundred peso bills, two (2) pieces fifty peso bills, and twenty-five (25)
pieces twenty peso bills,
11.3 One (1) unit Shotgun Armscor with serial number 844110 with twenty (27) pieces live
ammunition for shotgun placed inside a color black bag now marked as RB-P,
11.4 One (1) unit 38 cal. Revolver now marked as RB-P with three (3) pieces live ammunition
for cal. 38;
11.5 One (1) unit weighing scale now marked as RB-P;
11.6 Two (2) pieces improvised tooters now marked as RB-Pl to RB-P2;
11.7 Four (4) disposable lighters now marked as RB-PI to RB-P4;
11.8 One (1) unit Cellphone Nokia now marked RB-P;
11.9 Three (3) pieces plastic straw now marked as RB-P,
11.10 One (1) roll tin foil now marked as RB-P
11.11 One (1) bundle empty plastic sachets now marked as RB-P;
11.12 One (1) piece pair of scissors now marked as RB-P; and
11.13 One (1) book now marked as RB-P.

24. Q- Is that all that took place after the arrest?

A- All confiscated items/evidence were marked at the area by POI Delbo and made the
inventory in the presence of the suspects (Ricardo Buscaino, Larry Rcbusa, and Louie Navarro),
elected official Barangay Kagawad Cristito Radan of Brgy. Obogon, Tanjay City, DOJ
Representative, Mr. Miguel Villegas, and Mr. Patrocinio Magalso of Magic FM as media
representative, and each of them were given a copy of the inventory/ receipt of property seized.

25. Q- Who was there during the inventory?

A- The inventory and marking of the items seized from Ricardo Buscaino was made by me,
PO1 Delbo, in the presence of in the presence of the suspects (Ricardo Buscaino, Larry Rcbusa,
and Louie Navarro), elected official Barangay Kagawad Cristito Radan of Brgy. Obogon, Tanjay
City, DOJ Representative, Mr. Miguel Villegas, and Mr. Patrocinio Magalso of Magic FM as
media representative.

26. Q- And then?

A- After PO1 Delbo finished the inventory and marking, I photographed the seized items.

27. Q- What happened after the inventory and marking of pieces of evidence?
A- The confiscated drugs were placed in the brown envelop and all the confiscated
items/evidences were in PO1 Delbo’s custody. Then we proceeded to PNP Tanjay City for
booking and record. Consequently, we went back to our office in Dumaguete City, together with
the arrested suspects.

28. Q- What happened next?

A- The confiscated drugs as well as the suspects were forwarded to PNP Crime Laboratory
for Forensics and Drug Test Examination.

29. Q- I have no further questions, Mr. Witness. Thank you.

A- Thank you, Attorney.

Nothing follows.

PO2 Al Lester S. Avila (SGD)

Affiant

SUBSCRIBED AND SWORN to before me, this 28th day of July 2014 in City of Tanjay,
Philippines. Affiant exhibited to me his Driver’s License with No. 12345, valid until 29 August
2018, as his competent evidence of identity. I hereby certify that I have personally examined the
affiant and that I am satisfied that he voluntarily executed and understood the contents of his
Affidavit and that they are true and correct as to his personal knowledge.
Jim Peterick Sison (SGD)
Assistant Prosecutor
Roll of Atty. No. 123456
 IBP Lifetime Membership No. 54321
MCLE Compliance No. 67890

ATTESTATION

I, Jim Peterick Sison, with residence at Brgy. Bantayan, Dumaguete City, attest under
oath as follows:

I personally conducted the interrogation of PO2 Al Lester S. Avila, witness in the above-
entitled case, with address at Brgy. Piapi, Dumaguete City, in his testimony as to the
circumstances relative to the above-entitled case;

I recorded the questions I asked PO2 Al Lester S. Avila and corresponding answers to
these questions; and

Neither I nor any person then present coached PO2 Al Lester S. Avila regarding his
answers.

IN WITNESS WHEREOF, I have hereunto set my hand in the City of Dumaguete this
th
28 day of July 2014.

Jim Peterick Sison (SGD)

Affiant

SUBSCRIBED AND SWORN to before me, this 28th day of July 2014 in City of
Tanjay, Philippines. Affiant exhibited to me his Driver’s License with No. 12345,
valid until 29 August 2018, as his competent evidence of identity. I hereby certify
that I have personally examined the affiant and that I am satisfied that he
voluntarily executed and understood the contents of his Affidavit and that they are
true and correct as to his personal knowledge.

Elson P. Bustamante(SGD)
CITY PROSECUTOR
Roll of Atty. No. 12345
IBP Lifetime Membership No. 67890
MCLE Compliance No. 54321