LEGAL FORMS

TECHNICAL WRITING II
GROUP-5
PROF. CHIFFER VENTURA

Team Leader:
Robantes, Jericho P.

MEMBERS:
VILLAFLORES, JOHN MICHAEL
SAPIERA, JOHN PATRICK
VILLANUEVA, ADRIAN GUEVARA
VINARAO, BENEDICT
TIAMZON, EMMANUEL
TARUN, MA EDNALYN DAGASDAS
SANTOS, SWEETIE MAE
SURINGA, LOWELL
VELASCO, LESTHER
Scenario: re Alleged Reckless Driving (RA 4136) and Illegal Possession of Firearms and
Ammunition (RA 10591)
That on or about 9:00 PM of September 11, 2020 Benedict Pena Vinarao was eating inside the Mcdo
Conception branch located at Bayan-bayan Ave, Brgy Conception Uno, Marikina City. After a few
moments, while inside the Mcdo Conception Branch, Benedict Pena Vinarao noticed a vehicle, a
brand Honda Civic EX-2017, color black with plate number BRO 696. Immediately after the vehicle
had passed the fast-food chain of Mcdo, he heard a screeching sound produced by the sudden and
hard braking of a vehicle followed by a sickening sound of the vehicle hitting something. In his
curiosity, Benedict Pena Vinarao went out to investigate and immediately saw the vehicle in a
distance, 4 meters away in Mcdo branch. The vehicle hits or crashed into utility pole in-front of Mami
Eatery the small debris of the utility pole scattered and there’s an unconscious victim lying on the
pavement. Benedict Pena Vinarao as a concerned citizen and witnessed of the incident. During that
time there’s an inclement weather or a stormy inclement weather, he tried all he could to locate
support or help from the possible on-duty police officer in the area.

At about 9:05 PM of September 11, 2020 after a few minutes, he saw the two (2) police officers
TMRU unit of Conception Uno, Pcp-7 conducting a patrolling and he called the attention of the two
police officers by waving his hands. He reported the utility pole accident and the hit and run incident
along the Bayan-bayan Ave, Brgy., Conception Uno, Marikina City, brand Honda Civic EX-2017, color
black with plate number BRO 696.
Therefore, at about 9:06 PM of September 11, 2020 in the event that they arrive at the location of
the utility pole accident, the two (2) police officers noticed the vehicle, brand Honda Civic EX-2017,
color black with plate number BRO 696 had started to leave the place of the accident taking the
general direction to the south.
PSMS. Adrian G. Villanueva attended to the unconscious victim and calls Amang Rodriguez Medical
Center for medical emergency and he calls radio operator of Pcp-7 station to report the utility pole
accident and put on record happened at Bayan-bayanan Ave, Brgy., Conception Uno, Marikina City
because the suspect eluded the scene upon the arrival of the two (2) police officers. PSSgt. Patrick
A. Sapiera and PSMS. Adrian G. Villanueva switch on the siren and strobe light and started to chase
the above-mentioned vehicle accompanied by PSMS. Adrian G. Villanueva for the possible
apprehension of the suspect. The victim named, Juan Dela Rosa y Rodriguez, of legal age, call center
agent, residing at No. 11 Ace St. Bayan-bayanan Ave, Brgy., Conception Uno, Marikina City
Then and there, at about 9:10 PM of September 11, 2020 the vehicle brand Honda Civic EX-2017,
color black with plate number BRO 696 was within the sight of the two (2) police officers, as the
vehicle headed in the direction at Bayan-bayanan Ave, Bridge Extension located at Conception Uno,
Marikina City. PSMS. Adrian G. Villanueva used his maximum speed to come-after the vehicle. PSSgt.
Patrick A. Sapiera, used his motorcycle siren and horn speaker while chasing the vehicle, ordering it
to stop and to cooperate. The vehicle didn’t listen to the warning of PSSgt. Patrick A. Sapiera, the
vehicle slightly bumped into the left side of the motorcycle of PSSgt. Patrick A. Sapiera, causing him
to lose control luckily, he only sustained minor injury or minor scratches in his left arm.
Thereafter, at about 9:13 PM of the same date, PSMS. Adrian G. Villanueva continued to chase the
vehicle along the Bayan-bayanan Ave, Bridge Extension located at Conception Uno, Marikina City.
The vehicle decelerated because of the heavy traffic and PSMS. Adrian G. Villanueva drove out to
intercept the vehicle, he cut into the path of the vehicle forcing it to stop. PSMS. Adrian G. Villanueva
went to the vehicle and instructed the driver to alight, the driver rolled down the window and put
his head out while raising both his hands. The suspect was wearing trunk pants and polo shirt with
markings “Puck the Police”, such that when the suspect alighted with both hands raised, a gun
tucked on the right-side waist with improvised concealed carry holster was revealed. PSMS. Adrian
G. Villanueva made the move to confiscate the gun. After disarming the suspect, PSMS. Adrian G.
Villanueva told the suspect about the utility pole accident and hit and run incident in-front of Mami
Eatery located at Bayan-bayanan Ave, Brgy., Conception Uno, Marikina City. PSMS. Adrian G.
Villanueva checked the cylinder of the gun and find eight (8) live bullets inside. The suspect cannot
present any legal documents or proof including a license to Own and Possess Firearm (LTOPF). The
suspect named, Eduardo Katakutan y Maligo alias “Smith” 40 years of age, single, service driver,
native of Bicol and presently residing at No. 69 Ward St. Bayan-bayanan Ave, Brgy., Conception
Uno, Marikina City.
Furthermore, at about 9:15 PM of September 11, 2020 the police mobile (Plate No. EP-6869) of Pcp-
7 station arrived. PSMS. Adrian G. Villanueva took over the matter and informed the suspect that he
was being arrested for the reckless driving or driving without any reasonable caution, and puts at
risk the safety of person. PSMS. Adrian G. Villanueva modified the arrest of the suspect by including
as its grounds in illegal possession of firearms, then he read the suspect his constitutional rights.
At about 9:20 PM of September 11, 2020 they bring the arrested suspect to the police station located
at 66 Lilac St. Conception Uno, Marikina City, Pcp-7 for further investigation and disposition.
 OFFICIAL POLICE BLOTTER
Entry No. Date Time Incident/Events Remarks
E-000784476 September 11, 2020 9:06 PM On or about 9:06 PM of September 11, 2020 in the For follow-up
event that they arrive at the location of the utility investigation
pole accident, the two (2) police officers named,
PSMS. Adrian G. Villanueva accompanied by PSSgt.
Patrick A. Sapiera noticed the vehicle, brand Honda
Civic EX-2017, color black with plate number BRO
696 had started to leave the place of the accident
taking the general direction to the south. PSMS.
Adrian G. Villanueva immediately attended to the
unconscious victim calls Amang Rodriguez Medical
Center for medical emergency and he calls the
radio operator of Pcp-7 station named, PCMS. Mike
D. Enroque to verify the veracity of the utility pole
accident and hit and run incident, requested to put
on record happened at Bayan-bayanan Ave, Brgy.,
Conception Uno, Marikina City because the vehicle,
brand Honda Civic EX-2017, color black with plate
number BRO 696 eluded the scene upon their
arrival. PSSgt. Patrick A. Sapiera switch on the
siren and strobe light and started to chase the
above-mentioned vehicle accompanied by PSMS.
Adrian G. Villanueva for the possible apprehension.
The victim named, Juan Dela Rosa y Rodriguez, of
legal age, call center agent, residing at No. 11 Ace
St. Bayan-bayanan Ave, Brgy., Conception Uno,
Marikina City

Therefore, at about 9:10 PM of September 11,

2020 the vehicle brand Honda Civic EX-2017, color
black with plate number BRO 696 was within the
sight of the above-mentioned police officers, as
the vehicle headed in the direction at Bayan-
bayanan Ave, Bridge Extension located at
Conception Uno, Marikina City.

PSMS. Adrian G. Villanueva used his maximum

speed to come-after the vehicle. PSSgt. Patrick A.
Sapiera, used his motorcycle siren and horn
speaker while chasing the vehicle, ordering the
above-mentioned vehicle to stop and to cooperate.
The vehicle Honda Civic EX-2017, color black with
plate number BRO 696, slightly bumped into the
left side of the motorcycle of PSSgt. Patrick A.
Sapiera, causing him to lose control.

Then and there, at about 9:13 PM of the same

date, PSMS. Adrian G. Villanueva continued to
chase the vehicle along the Bayan-bayanan Ave,
Bridge Extension located at Conception Uno,
Marikina City.

The vehicle decelerated because of the heavy

traffic and it is the opportunity to drove out and
intercept the vehicle, he cut into the path of the
vehicle forcing it to stop. PSMS. Adrian G.
Villanueva went to the vehicle and instructed the
driver to alight, the driver rolled down the window
and put his head out while raising both his hands.
The suspect was wearing trunk pants and polo
shirt with markings “Puck the Police”, such that
when the suspect alighted with both hands raised,
a gun tucked on the right-side waist with
improvised concealed carry holster was revealed.
PSMS. Adrian G. Villanueva made the move to
confiscate the gun. After disarming the suspect,
PSMS. Adrian G. Villanueva told the suspect about
the utility pole accident and hit and run incident in-
front of Mami Eatery located at Bayan-bayanan
Ave, Brgy., Conception Uno, Marikina City. PSMS.
Adrian G. Villanueva checked the cylinder of the
gun and find eight (8) live bullets inside. The
suspect named Eduardo Katakutan y Maligno alias
“Smith” 40 years of age, single, service driver,
native of Bicol and presently residing at No. 69
Ward St. Bayan-bayanan Ave, Brgy., Conception
Uno, Marikina City.

Moreover, at about 9:15 PM of September 11,

2020 the police mobile (Plate No. EP-6869) of Pcp-
7 station arrived PSMS. Adrian G. Villanueva took
over the matter and informed the suspect that he
was being arrested for the reckless driving or
driving without any reasonable caution, by not
considering visibility and any other highway,
weather and atmospheric conditions. PSMS. Adrian
G. Villanueva modified the arrest of the suspect by
including as its grounds in illegal possession of
firearms, then he read the suspect his
constitutional rights.

Thereafter, at about 9:20 PM of September 11,

2020 they bring the arrested suspect to the police
station located at 66 Lilac St. Conception Uno,
Marikina City, Pcp-7 for further investigation and
disposition.

PSMS. Tiamzon Emmanuel

Desk Officer
 Republic of the Philippines
National Police Commission
PHILIPPINE NATIONAL POLICE, National Capital Region Police Office
Eastern Police District
MARIKINA CITY POLICE STATION
Station Investigation and Detective Management Branch
4th Floor Legislative Building, Brgy. Sta. Elena, Marikina City

MEMORANDUM

FOR : The District Director, EPD

(Attn: C, Jovet Baldevino/T3)

FROM : Chief of Police, MCPS

SUBJECT : SPOT REPORT

re Alleged Reckless Driving and Illegal Possession of Firearms and Ammunition

DATE : September 11, 2020

1. REFERENCE: Blotter Entry No. E-000784476 dated September 11, 2020

2. WHAT: Alleged Reckless Driving and Illegal Possession of Firearms and Ammunition
3. WHEN: At about 9:06 PM of September 11, 2020
4. WHERE: In-front of Mami Eatery located at Bayan-bayan Ave, Brgy., Conception Uno,
Marikina City
5. WHO: Victim: Juan Dela Rosa y Rodriguez, of legal age, call center agent, residing at No.
11 Ace St. Bayan-bayanan Ave, Brgy., Conception Uno, Marikina City
6. Reportee/Witness: C/A Benedict Pena y Vinarao, 25 years of age, single, native of
Samar, presently residing at No. 80 Corner St. Bayan-bayanan Ave, Brgy., Conception Uno,
Marikina City
7. HOW: Please be informed that at about 9:05 PM of September 11, 2020, while PSMS.
Adrian G. Villanueva and PSSgt. Patrick A. Sapiera conduct a patrolling around the streets,
when a one concerned citizen reported the utility pole accident and hit and run on the
above-mentioned place.
Thereby, in the event that they arrive at the location of the utility pole accident, they noticed
and verified the vehicle, brand Honda Civic EX-2017, color black with plate number BRO 696
had started to leave the place of the accident taking the general direction to the south. The
above-mentioned police officers started to chase the above-mentioned vehicle for the possible
apprehension. PSMS. Adrian G. Villanueva attended to the above-mentioned victim and calls
Amang Rodriguez Medical Center for medical emergency.
Thereafter, PSMS. Adrian G. Villanueva apprehend the suspect and being arrested for the
reckless driving or driving without any reasonable caution and puts at risk the safety of
person, the suspect was able to recover from his possession and control one (1) Smith &
Wesson R-8 with eight (8) live bullets in chamber.
8. The apprehended suspect was apprised of his constitutional rights and place under the
custodial facility of this office for disposition.

9. For information and progress report to follow.

BY AUTHORITY OF THE COP, PCOL Heronimo Marinduque:

PSMS. Tiamzon Emmanuel

Desk Officer
 Republic of the Philippines
National Police Commission
PHILIPPINE NATIONAL POLICE, National Capital Region Police Office
Eastern Police District
MARIKINA CITY POLICE STATION
Station Investigation and Detective Management Branch
4th Floor Legislative Building, Brgy. Sta. Elena, Marikina City

MEMORANDUM

FOR : The District Director, EPD

(Attn: C, Jovet Baldivino/T3)

FROM : Chief of Police, MCPS

SUBJECT : PROGRESS REPORT

re Alleged Reckless Driving and Illegal Possession of Firearms and
Ammunition

DATE : September 12, 2020

I. REFERENCE:

1. Blotter Entry No. E-000784476 dated September 11, 2020

2. Spot Report on re Alleged Reckless Driving and Illegal Possession of Firearms and
Ammunition dated September 11, 2020

II. MATTERS INVESTIGATED

3. This pertains to the report submitted to the Marikina Police Station Pcp-7 regarding the
alleged Reckless Driving and the modified arrest of suspect by including as its grounds in
Illegal possession of Firearms and Ammunition. The utility pole accident and hit and run
incident happened at about 9:06 PM of September 11, 2020, wherein a victim who identified
himself as Juan Dela Rosa y Rodriguez, of legal age, call center agent, residing at No. 11 Ace
St. Bayan-bayanan Ave, Brgy., Conception Uno, Marikina City. Upon the report submitted,
the suspect identified as Eduardo Katakutan y Maligno alias “Smith”, 40 years of age, single,
service driver, native of Bicol and presently residing at No. 69 Ward St. Bayan-bayanan Ave,
Brgy., Conception Uno, Marikina City.

III. FACTS OF THE CASE

3. On or about 9:00 PM of September 11, 2020 Benedict Vinarao was eating inside the
Mcdo Conception branch located at Bayan-bayan Ave, Brgy Conception Uno, Marikina City
and few moments Benedict Vinarao heard the screeching sound produced by the sudden
and hard braking of a vehicle followed by a sickening sound of the vehicle hitting
something.

4. Benedict Vinarao, saw the vehicle crashed into utility pole in front of Mami Eatery and
there’s a victim identified himself as Juan Dela Rosa y Rodriguez. Upon his inspection he
noticed a vehicle, a brand Honda Civic EX-2017, color black with plate number BRO 696.

5. At about 9:05 PM of September 11, 2020 after a few minutes, he saw the two (2) police
officers TMRU unit of Conception Uno, Pcp-7 conducting a patrolling and he called the
attention of the two police officers by waving his hands and he reported the utility pole
accident and the hit and run incident along the Bayan-bayan Ave, Brgy., Conception Uno,
Marikina City, brand Honda Civic EX-2017, color black with plate number BRO 696.

6. Therefore, at about 9:06 PM of September 11, 2020 in the event that they arrive at the
location of the utility pole accident, the two (2) police officers noticed and verified the
vehicle, brand Honda Civic EX-2017, color black with plate number BRO 696 had started to
leave the place of the accident taking the general direction to the south.
7. PSMS. Adrian G. Villanueva, attended to the unconscious victim and calls the Amang
Rodriguez Medical Center for emergency.

8. The victim sustained minor head injury, the victim hit by utility pole debris and
experience concussions cause him to lose consciousness. The small debris did not break the
skull, signs and symptoms of concussion may not appear until hours or days. The victim
recovered from the accident.

9. PSSgt. Patrick A. Sapiera and PSMS. Adrian G. Villanueva switch on the siren and strobe
light and started to chase the above-mentioned vehicle accompanied by PSMS. Adrian G.
Villanueva for the possible apprehension of the suspect.

10. At about 9:13 PM of the same date, PSMS. Adrian G. Villanueva continued to chase the
vehicle along the Bayan-bayanan Ave, Bridge Extension located at Conception Uno,
Marikina City. The vehicle decelerated because of the heavy traffic and PSMS. Adrian G.
Villanueva drove out to intercept the vehicle, he cut into the path of the vehicle forcing it to
stop.

11. PSMS. Adrian G. Villanueva went to the vehicle and instructed the driver to alight, the
driver rolled down the window and put his head out while raising both his hands.

12. The suspect was wearing trunk pants and polo shirt with markings “Puck the Police”, such
that when the suspect alighted with both hands raised, a gun tucked on the right-side waist
with improvised concealed carry holster was revealed. PSMS. Adrian G. Villanueva made the
move to confiscate the gun.

13. After disarming the suspect, PSMS. Adrian G. Villanueva told the suspect about the utility
pole accident and hit and run incident in-front of Mami Eatery located at Bayan-bayanan Ave,
Brgy., Conception Uno, Marikina City during inspection he checked the cylinder of the
gun and find eight (8) live bullets inside.

14. The suspect cannot present any legal documents or proof including a license to Own and
Possess Firearm (LTOPF).

15. According to PNP Crime Laboratory of Firearms Identification Division determined that
the confiscated “Smith & Wesson R-8 Shot with eight (8) live bullets are unregistered and no
Licensed to Own and Possess Firearms (LTOPF)

16. Furthermore, at about 9:15 PM of September 11, 2020 the police mobile (Plate No. EP-
6869) of Pcp-7 station arrived at Bayan-bayanan Ave, Bridge Extension located at Conception
Uno, Marikina City. PSMS. Adrian G. Villanueva took over the matter and informed the suspect
that he was being arrested for the reckless driving or driving without any reasonable caution,
and puts at risk the safety of person and modified the arrest of the suspect by including as
its grounds in illegal possession of firearms and ammunition, then he read the suspect his
constitutional rights.

16. At about 9:20 PM of September 11, 2020 they bring the arrested suspect to the police
station located at 66 Lilac St. Conception Uno, Marikina City, Pcp-7 for further investigation
and disposition.
 17. PSMS. Adrian G. Villanueva and PSSg. John Patrick Sapiera has given their Sworn
Statement at the Conception Uno, Marikina City Pcp-7 at 10:00 PM of September 11, 2020.

18. The witness/reportee Benedict Vinarao has given his Sworn Statement at the Conception
uno, Marikina City Pcp-7 at 10:15 PM of September 11, 2020, regarding the Reckless Driving
with Illegal Possession of Firearms and Ammunition incident that transpired at about 9:00
PM, September 11, 2020 along the Bayan-bayan Ave, Brgy., Conception Uno, Marikina City.

19. The victim Juan Dela Rosa y Rodriguez has given his Sworn Statement at the
Conception Uno, Marikina City Pcp-7 at 8:00 AM of September 12, 2020.

IV. DISCUSSION

20. The cases of under R.A 4136 under section 48 (Reckless Driving) and Sec. 28 of R.A
10591 (Illegal Possession of Firearms and Ammunition).

V. DISPOSITION/ RECOMMENDATION

21. Further development of this case will be sent to the office as soon as obtained.

PCPl. JERICHO P. ROBANTES P/CPT. ROBERTO SILANG

Investigator on case Administering Officer

Republic of the Philippines
Marikina City ) S.S
x------------------------------------x

AFFIDAVIT OF ARREST

1. We, PSMS. Adrian Guevarra y Villanueva and PSSgt. Patrick Angustia y Sapiera both
members of the Philippine National Police, presently assigned at Marikina City Police Station, after
having been duly sworn in accordance with law, do hereby dispose and state that:

2. That, we are the duty Tactical Motorcycle Riders (TMRU) officer at Concepcion Uno Pcp-7 station,
patrolling within the vicinity of Marikina City on September 11, 2020 from 8:00 PM to 10:00 PM.

3. That, on 9:05 PM of September 11, 2020, while conducting patrol along the highway of Bayan-
bayanan Ave, Brgy., Conception Uno, Marikina City.

4. That, PSMS. Adrian Guevarra y Villanueva together with PSSgt. Patrick Angustia y Sapiera a
concerned citizen caught our attention by waving his hands in a distance and he approached us and
reported a possible utility pole accident and hit and run incident along Bayan-bayanan Ave, Brgy.,
Conception Uno, Marikina City.
5. That, accordingly, one, Benedict Pena y Vinarao, 25 years of age, single, native of Samar,
presently residing at No. 80 Corner St. Bayan-bayanan Ave, Brgy., Conception Uno,
Marikina City, a concerned citizen tells us that when he is in Mcdo Conception Branch, he heard a
screeching sound produced by the sudden and hard braking of a vehicle followed by a sickening
sound of the vehicle hitting something and saw a Honda Civic EX-2017, color black, with plate
number BRO 696 crashed into a utility pole in front of Mami Eatery and saw an unconscious victim
lying on the pavement.
6. That, PSMS. Adrian Guevarra y Villanueva together with PSSgt. Patrick Angustia Sapiera when we
arrive at the location, we saw a vehicle started to leave the place of the accident taking the general
direction to the south.

7. That, PSMS. Adrian Guevarra Villanueva calls at Amang Rodriguez Medical Center for medical
emergency and he calls radio operator of Pcp-7 station to report the utility pole accident and hit-and
run incident and put on record happened at Bayan-bayanan Ave, Brgy., Conception Uno, Marikina
City because the suspect eluded at the scene.

8. That, we immediately switch on the siren and strobe light and started to chase the above-
mentioned vehicle accompanied by PSMS. Adrian G. Villanueva for the possible apprehension of the
suspect.
9. That, at about 9:10 PM of September 11, 2020 the vehicle brand Honda Civic EX-2017, color black
with plate number BRO 696 was within the sight of the two (2) police officers, as the vehicle headed
in the direction at Bayan-bayanan Ave, Bridge Extension located at Conception Uno, Marikina City.
10. That, PSMS. Adrian G. Villanueva used his maximum speed to come-after the vehicle and PSSgt.
Patrick Angustia Sapiera, used his motorcycle siren and horn speaker while chasing the vehicle,
ordering it to stop and to cooperate. The vehicle didn’t listen to the warning of PSSgt. Patrick
Angustia Sapiera, the vehicle slightly bumped into the left side of the motorcycle causing him to lose
control luckily, he only sustained minor injury or minor scratches in his left arm.

11. That, PSMS. Adrian Guevarra Villanueva continued to chase the vehicle along the Bayan-
bayanan Ave, Bridge Extension located at Conception Uno, Marikina City. The vehicle decelerated
because of the heavy traffic and PSMS. Adrian G. Villanueva drove out to intercept the vehicle, he
cut into the path of the vehicle forcing it to stop. PSMS. Adrian G. Villanueva went to the vehicle and
instructed the driver to alight, the driver rolled down the window and put his head out while raising
both his hands.
12. That, PSMS. Adrian Guevarra Villanueva instructed the suspect to raise his both hands, after
that he saw a gun tucked on the right-side waist of the suspect. PSMS. Adrian G. Villanueva made
the move to confiscate the gun.

13. That, PSMS. Adrian Guevarra Villanueva checked the cylinder of the gun and found eight
(8) live bullets inside. The suspect cannot present any legal documents or proof including a license
to Own and Possess a Firearm.

14. That, PSMS. Adrian Guevarra Villanueva immediately informed his offense and informing
his Constitutional Rights as stated in the Miranda Doctrine to the language known to him;

a. The right to remain silent and any statement he makes, can and it will be used against
him in any court of law in the Philippines.

b. The right to have a competent and independent lawyer in his own choice. If he cannot
afford to hire a lawyer, the government will give or provide one.

15. That, on or about 9:15 PM of September 11, 2020 the police mobile car arrived in the incident
with (plate number EP-6869), and the abovementioned suspect brought to the station.

16. That upon inquiry, the suspect confirmed himself as EDUARDO KATAKUTAN y MALIGNO
alias “Smith” 40 years of age, single, delivery driver, native of Bicol and presently
residing at No. 69 Ward St. Bayan-bayanan Ave, Brgy., Conception Uno, Marikina City.,

17. That, at about 9:20 PM of September 11, 2020 the arrested suspect brought to the police station
located at 66 Lilac St. Conception Uno, Marikina City, Pcp-7 for further investigation and disposition.

IN TRUTH TO THESE WE HEREUNTO affixed our signatures below to the truthfulness of the
foregoing.

That, we executing this affidavit to attest to the foregoing statement and for purpose of filling
appropriate charges against the suspect for violation of R.A 4136 under section 48 (Reckless
Driving) and Sec. 28 of R.A 10591 (Illegal Possession of Firearms and Ammunition).

That, affiant further sayeth naught.

PSSgt. John Patrick Angustia Sapiera PSMS. Adrian Guevarra Villanueva

Affiant Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this 11th day of September 2020 at

and I hereby CERTIFY THAT I have personally examined the affiant under oath and that I am fully
satisfied that he voluntarily executed and understood his statement.

P/CPT. George Quirino

Administering Officer
 CERTIFICATION

I HEREBY CERTIFY THAT I have personally examined the affiant under oath and I
am fully satisfied that he voluntarily executed and understood his statement.

P/CPT. George Quirino

Administering Officer
Republic of the Philippines
Marikina City ) S.S
x-----------------------------------x

AFFIDAVIT OF WITNESS

I, Benedict Pena y Vinarao, 25 years of age, single, call center agent, native of Samar,
presently residing of No. 80 Corner Street, Bayan-bayanan, Concepcion Uno, Marikina City, after
having sworn in accordance with law, do hereby depose and state:

1. That I was present and I personally saw that the vehicle of the accused, Eduardo
Katakutan “Smith” committed the crime of Reckless Driving against the victim Juan Dela
Rosa y Rodriguez.

2. That I am in Mcdo, Conception Branch located at Bayan-bayanan Ave, Brgy., Conception

Uno, supposedly eating my dinner and the aforementioned place is where the crime
committed.

3. That I heard the screeching sound produced by the sudden and hard braking of a vehicle
followed by a sickening sound of the vehicle hitting something

4. That I went out to investigate and immediately saw the vehicle in a distance, 4 meters
away.

5. That I was the one who reported the utility pole accident and hit and run incident to the
two (2) on-duty police officer that time.

6. That I identified the vehicle brand Honda Civic EX-2017, color black with plate number
BRO 696.

I executed this affidavit to attest the truthfulness of the foregoing facts and to support
the filing of Criminal Case against Eduardo Katakutan “Smith” y Maligno for the violation of R.A
4136 under section 48 (Reckless Driving) and Sec. 28 of R.A 10591 (Illegal Possession of
Firearms and Ammunition).

AFFIANTS SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereunto affixed my signature this 11th day of September,

2020 at, Marikina City, Philippines.

BENEDICT PENA y VINARAO

Affiant

SUBSCRIBED AND SWORN to me before this 11th day of September, 2020 at Marikina
City, 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.

_________________
Notary Public
Republic of the Philippines
Marikina City ) S.S
x-----------------------------------x

AFFIDAVIT OF COMPLAINT

I, JUAN DELA ROSA y RODRIGUEZ, of legal age, call center agent, single, and presently
residing at No. 11 Ace St. Bayan-bayanan Ave, Brgy., Conception Uno, Marikina City, after having
been sworn in accordance with law, hereby states:
1. THAT I am filing a complaint under Section 48 of the Republic Act No. 4136 (Reckless
Driving) and Sec. 28 of R.A 10591 (Illegal Possession of Firearms and Ammunition)
against EDUARDO KATAKUTAN y MALIGNO alias “Smith”, hereinafter referred to as
respondent, 40 years of age, single, service driver, native of Bicol, and presently
residing at No. 69 Ward St. Bayan-bayanan Ave, Brgy., Conception Uno, Marikina City.

2. THAT on September 11, 2020, in-front of Mami Eatery just 4 meters away in Mcdo
Branch located at Bayan-bayan Ave, Brgy Conception Uno, Marikina City, the said
accused did then and there willfully, unlawfully, feloniously drive and operate a vehicle
in a reckless manner without taking the necessary precaution of the inclement weather
or stormy inclement weather to prevent and/or avoid an accident, upon the
undersigned directly by overt acts to wit;

3. THAT on or about 9:00 PM of September 11, 2020, I didn't see the fast black car
driving towards me while waiting for a ride home in front of Mami Eatery. The black
car crashes in the utility pole, and I felt something hits my head after the collision, I
saw the small debris from utility pole hits my face, and then I passed out.

4. THAT on the same day, according to the witness Mr. Benedict Pena Vinarao, he saw
me lying and unconscious on the pavement near the debris of the utility pole in front
of Mami Eatery. After a few minutes, the witness noticed two (2) police officers from
the TMRU unit of Conception Uno, Pcp-7 conducting a patrol and waved his hands to
attract their attention. One of the police officers namely PSMS. Adrian G. Villanueva
attended to the unconscious victim and calls Amang Rodriguez Medical Center for a
medical emergency.

5. THAT on the same day, according to the attending physician Dr. Hayden Chu, I had a
minor head injury, and then concussions from the falling debris from the utility pole
that struck me caused me to lose consciousness. According to the physician, the small
debris did not break the skull, and symptoms of concussion may not show up for hours
or days.

6. That I am executing this affidavit to attest to the truth of the foregoing statements,
and for the purpose of charging EDUARDO KATAKUTAN y MALIGNO alias “Smith” for
the violation of Republic Act No. 4136 under section 48 (Reckless Driving)

IN WITNESS WHEREOF, I have hereunto affixed my signature this 12th day of September 2020,
in the City of Marikina, Philippines.

JUAN DELA ROSA y RODRIGUEZ

Complainant/Affiant
SUBSCRIBED AND SWORN to before me this 12th day of September 2020 at Marikina City,
Philippines. I HEREBY CERTIFY that I have personally examined the herein offended party and I
am satisfied that they voluntarily executed and understood their given affidavit.

ARTURO D. NERI
Public Prosecutor

Roll No. 69797-2020

IBP No. 8089442- 9/11/20
PTR No. 4128389- 9/12/20;
Marikina
MCLE Compliance III No. 001577
Issued on September, 2020

WITNESSES/S:
_______________________

_______________________
 Republic of the Philippines
National Police Commission
PHILIPPINE NATIONAL POLICE, National Capital Region Police Office
Eastern Police District
MARIKINA CITY POLICE STATION
Station Investigation and Detective Management Branch
4th Floor Legislative Building, Brgy. Sta. Elena, Marikina City

MEMORANDUM

FOR : The District Director, EPD

(Attn: C, Jovet Baldivino/T3)

FROM : Chief SIDMS

SUBJECT : FINAL INVESTIGATION REPORT

re Alleged Reckless Driving and Illegal Possession of Firearms and
Ammunition

DATE : September 12, 2020

I. AUTHORITY/REFERENCE:

1. Blotter Entry No. E-000784476 dated September 11, 2020

2. Spot Report on re Alleged Reckless Driving and Illegal Possession of Firearms and
Ammunition in front of Mami Eatery located at Bayan-bayan Ave, Brgy Conception Uno
Marikina City

3. Progress Report dated September 11, 2020

4. Standard Operating Procedure

II. MATTERS INVESTIGATED:

5. The alleged Reckless driving with Illegal possession of firearms and ammunition.
6. To determine facts and circumstances of the incident

7. To determine other relevant matters that would require further police actions.

III. DETAILS OF INVESTIGATION:

8. On or about 9:00 AM of September 11, 2020, Friday and referred to this date and
time, the witness Benedict Vinarao heard the screeching sound produced by the
sudden and hard braking of a vehicle followed by a sickening sound and saw a vehicle
crashed into utility pole that transpired at front of Mami Eatery located at Bayan-bayan
Ave, Brgy Conception Uno Marikina City.
9. Upon his inspection he noticed a vehicle, a brand Honda Civic EX-2017, color black
with plate number BRO 696 and the unconscious victim lying on the pavement.

10. The victim was identified as Juan Dela Rosa y Rodriguez, of legal age, call center
agent, residing at No. 11 Ace St. Bayan-bayanan Ave, Brgy., Conception Uno, Marikina
City.
11. At about 9:05 PM of September 11, 2020 after a few minutes, he saw the two (2)
police officers TMRU unit of Conception Uno, Pcp-7 conducting a patrolling and the
aforementioned witness wave his hand to called the attention of the two police
officers.

12. The aforementioned witness reported the utility pole accident and the hit and run
incident along the Bayan-bayan Ave, Brgy., Conception Uno, Marikina City, brand Honda
Civic EX-2017, color black with plate number BRO 696.
13. Therefore, at about 9:06 PM of September 11, 2020 the two (2) police officers
identified as PSSgt. Patrick A. Sapiera and PSMS. Adrian G. Villanueva arrived at the
location of the hit and run incident.
14. Therefore the two (2) police officers noticed and verified the vehicle, brand Honda
Civic EX-2017, color black with plate number BRO 696 had started to leave the place of
the accident taking the general direction to the south.
15. PSMS. Adrian G. Villanueva, attended to the unconscious victim and calls the Amang
Rodriguez Medical Center for emergency.
16. The victim sustained minor head injury, the victim hit by utility pole debris and
experience concussions cause him to lose consciousness. The small debris did not break the
skull, signs and symptoms of concussion may not appear until hours or days. The victim
recovered from the accident.
17. PSSgt. Patrick A. Sapiera and PSMS. Adrian G. Villanueva switch on the siren and
strobe light and started to chase the above-mentioned vehicle accompanied by PSMS.
Adrian G. Villanueva for the possible apprehension of the suspect.
18. Therefore, At about 9:13 PM of the same date, PSMS. Adrian G. Villanueva
continued to chase the vehicle along the Bayan-bayanan Ave, Bridge Extension located
at Conception Uno, Marikina City. The vehicle decelerated because of the heavy traffic
and PSMS. Adrian G. Villanueva drove out to intercept the vehicle, he cut into the path
of the vehicle forcing it to stop.

19. PSMS. Adrian G. Villanueva went to the vehicle and instructed the driver to alight, the
driver rolled down the window and put his head out while raising both his hands.

20. The suspect identified as Eduardo Katakutan y Maligno alias “Smith”, 40 years of age,
single, service driver, native of Bicol and presently residing at No. 69 Ward St. Bayan-bayanan
Ave, Brgy., Conception Uno, Marikina City. Wearing trunk pants and polo shirt with markings
“Puck the Police”, such that when the suspect alighted with both hands raised, a gun tucked
on the right-side waist with improvised concealed carry holster was revealed. PSMS. Adrian
G. Villanueva made the move to confiscate the gun.
21. After disarming the suspect, PSMS. Adrian G. Villanueva told the suspect about the utility
pole accident and hit and run incident in-front of Mami Eatery located at Bayan-bayanan Ave,
Brgy., Conception Uno, Marikina City and during inspection he checked the cylinder of the gun
and find eight (8) live bullets inside.
22. The suspect cannot present any legal documents or proof including a license to Own
and Possess Firearm (LTOPF).
23. Furthermore, at about 9:15 PM of September 11, 2020 the police mobile (Plate No.
EP-6869) of Pcp-7 station arrived at Bayan-bayanan Ave, Bridge Extension located at
Conception Uno, Marikina City. PSMS. Adrian G. Villanueva took over the matter and
informed the suspect that he was being arrested for the reckless driving or driving
without any reasonable caution, and puts at risk the safety of person and modified the arrest
of the suspect by including as its grounds in illegal possession of firearms and ammunition,
then he read the suspect his constitutional rights.
 24. At about 9:20 PM of September 11, 2020 they bring the arrested suspect to the police
station located at 66 Lilac St. Conception Uno, Marikina City, Pcp-7 for further investigation
and disposition.
25. According to PNP Crime Laboratory of Firearms Identification Division determined
that the confiscated “Smith & Wesson R-8 Shot with eight (8) live bullets are unregistered
and no Licensed to Own and Possess Firearms (LTOPF).
26. PSMS. Adrian G. Villanueva and PSSgt. John Patrick Sapiera has given their Sworn
Statement at the Conception Uno, Marikina City Pcp-7 at 10:00 PM of September 11, 2020.
27. The witness/reportee Benedict Vinarao has given his Sworn Statement at the Conception
uno, Marikina City Pcp-7 at 10:15 PM of September 11, 2020, regarding the Reckless Driving
with Illegal Possession of Firearms and Ammunition incident that transpired at about 9:00
PM, September 11, 2020 along the Bayan-bayan Ave, Brgy., Conception Uno, Marikina
City.
28. The victim Juan Dela Rosa y Rodriguez has given his Sworn Statement at the
Conception Uno, Marikina City Pcp-7 at 8:00 AM of September 12, 2020.
29. That the suspect Eduardo Katakutan y Maligno alias “Smith” admitted all the
charges against him

IV. CONCLUSION:

30. Therefore, based on the circumstances and information gathered, the cases were filed
against the suspect identified as Eduardo Katakutan y Maligno alias “Smith” for violation of
section 48 of R.A 4136 (Reckless Driving) and Sec. 28 of R.A 10591 (Illegal Possession of
Firearms and Ammunition). He was inquest before the Marikina City Prosecutors Office on
4:00 pm of September 11, 2020 and docketed under NPS docket no. XX-69-TNT-0987 by
inquest prosecutor, Prosecutor. Agatha Zapanta De Jesus.

V. RECOMMENDATION:

31. Wherefore, in view of the foregoing, the undersigned respectfully recommends that
this case be referred to Office of the Marikina City Prosecutors Office for final disposition.

P/CPT. ROBERTO SILANG

Administering Officer