Republic of the Philippines

National Capital Judicial Region

METROPOLITAN TRIAL COURT
Branch 126, Makati City
mctc1mak126@judiciary.gov,ph/869-353-38/0961-5293-794

PEOPLE OF THE PHILIPPINES,

Plaintiff,

CRIM. CASE No.: M-MKT-22-01683-CR

-versus - For: ARBITRARY DETENTION

P.CINSP. GIDEON INES, JR., SPO3

JEMCIE F. ACOSTA, SPO3
ALEJANDRO D. DEVALID, SPO2
ANTHONY S. ABABA, PO3
REYNALDO G. AGUSTIN, PO3
GLEN MARVIN M. GALLERO,
PO1 CHRISTOFREN I. UBIÑA,
Accused.

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JUDICIAL AFFIDAVIT OF PLTCOL GIDEON INES, JR.

Taken on April 2, 2024 by Atty. NOLEN B. ENDAYA at the
latter’s Office in Makati City

In lieu of the oral testimony in court of PLTCOL GIDEON INES, JR., one
of the accused in this case, his Judicial Affidavit is being offered pursuant to
A.M. 12-8-8-SC, known as the Judicial Affidavit Rule, and the herein counsel
ATTY. NOLEN ENDAYA, moves to offer in evidence the testimony of PLTCOL
GIDEON INES, JR., through this Judicial Affidavit, for the following purposes
to prove that:

1. The Makati City Police Station, Philippine National Police Station with
office address at Ayala Avenue Extension corner Yakal St., Makati City
received a complaint for Extortion and Swindling/Estafa from a
certain complainant known as Zhifeng Tang and an entrapment
ensued;

2. That at the entrapment the private complainant was present and he

was only invited at that time in SEDA Hotel;

3. That the private complainant was only arrested when he presented

a Gun (Pistol Caliber 40) without presenting any License to Own
Firearm and License to carry Firearms outside residence (PTCFOR);

4. That proper procedure and protocols for warrantless arrest were

observed by the arresting officers;
 5. That there was a legal arrest of the person of Mr. Rudthen Mendoza.

6. That he will also identify certain documents and pieces of evidence

and other facts in relation to the apprehension that was conducted
by said police officers.

PRELIMINARY STATEMENT

I, PLTCOL GIDEON INES, JR., of legal age, married, Filipino and living
at 2406 Bato St., Tondo, Manila, one of the accused in this case, state under
oath as follows:

I am executing this Judicial Affidavit in Tagalog and was translated to

English in which I also understand,

The person examining me is ATTY. NOLEN B. ENDAYA with law office

address at 1514-A Ponte St., Brgy. Singkamas, Makati City 1204, Philippines.
My Judicial Affidavit is being taken at the above-mentioned place in the
presence of my companions. The questions are asked in the English
Language but are translated in Tagalog which I speak and fully understand.

I am answering his questions fully conscious that I do so under oath

and may face criminal liability for false testimony and perjury.

OFFER OF TESTIMONY

THIS Affidavit is being offered to prove all of the above-mentioned

purposes.

It is respectfully prayed that this Judicial Affidavit of PLTCOL GIDEON

INES, JR. be admitted as the Direct Examination of the Witness in order to
expedite the proceeding.

DIRECT EXAMINATION QUESTIONS

1. Q: Mr. Witness kindly state your name and other personal

circumstances for the record.
A: I am PLTCOL GIDEON INES, JR., 52 years old, married and presently
residing at 2406 Bato St., Tondo, Manila.

2. Q: You are reminded that your answers to the questions to be asked of

you in this Judicial Affidavit are being made under oath and that you
may face criminal liability for perjury or false testimony with respect to
statements that you shall make here.
Are you willing to proceed with the talking of the Judicial Affidavit?
A: Yes Sir, I am fully aware of that and I am willing to proceed with my
testimony.
3. Q: For the record, can you please state your current position and place
of assignment?

A: I am PLTCOL GIDEON INES, JR., currently assigned at Mandaluyong

City Police Station, Philippine National Police as Assistant Chief of Police
for Administration and I am the former Assistant Chief of Police for
Operation and Chief, Criminal Investigation and Detective
Management Section of Makati PNP.

4. Q: How long have you been in service with the Philippine National
Police?
A: 27 years, Sir.

5. Q: As a police officer, what are your principal duties and functions?

A: I am the former ACOPO and Chief, Investigation/team leader of the
Investigation Team of the Makati City PNP when we conducted
entrapment operation against the group of a certain Dina Castro, the
subject of the complaint of Zhifeng Tang for Swindling/Estafa and
Extortion.

6. Q: Who was the private complainant in this case?

A: He was the man we arrested last September 28, 2018 at Seda Hotel
for carrying a .40-caliber pistol without carrying with him any license
to own firearms and license to carry firearms outside residence
(PTCFOR).

7. Q: Where did you meet him or apprehended him?

A: We met him at SEDA Hotel and because he was with the persons
who are subjects of our entrapment operation, we invited him to come
with us for further investigation.

8. Q: Did Mr. Mendoza agree with your invitation?

A: Yes sir, in fact he voluntarily enters the police car without any
handcuffs as can be seen in the CCTV Footage that they presented
before this honorable court.

9. Q: Do you have any proof that you did not arrest him at SEDA Hotel?
and if you do, what is it?
A: Yes sir, and our evidence sir is the same CCTV Footage that was
presented before by the prosecution.

10. Q: What is in this CCTV Footage if you remember?

A: In the said CCTV Footages, you can see that the private complainant
was not arrested. He was walking freely, and you can see that he
voluntarily entered or rode the car without any handcuffs or any
restriction that would show that he was arrested.
11. Q: You made mention of an entrapment operation, was this a
legitimate operation?
A: Yes, Sir, it was a legitimate police operation.

12. Q: Do you have any proof or documents to show that this operation
was a legit/legitimate operation?
A: Yes sir, we have submitted the complaint of Zhifeng Tang and
Elizabeth Rivera which caused us to conduct case build-up and
entrapment operation. We also coordinated the said operation with
Quezon City Police District as evidenced by Coordination Form
submitted to QCPD prior to the operation.

13. Q: You said in your answer in question no. 7, that you only invited
Mr. Mendoza, but why he said that he was arrested and can you tell us
where and when he was arrested?
A: Sir, we only invited him to come with us when we were at SEDA
Hotel. We never arrested him there. We informed him that we are
inviting him to ask him and clarify some questions. It was only when
he presented to us a .40-Caliber Pistol without presenting any license
to own firearms nor license to carry firearms nor mission order, which
left us no choice but to arrest him.

14. Q: So, where did you make the arrest of this person?
A: We arrest him when we are already at the police station.

15. Q: Where did he surrender the .40 Caliber Pistol that you are telling us?
A: He surrendered his firearm upon arrest of Dina Castro and company
at SEDA Hotel.

16. Q: Can you tell us again what is the reason for his arrest?
A: We arrested him for Illegal Possession of Firearms because he does
not have with him any License and PTCFOR, required for possessing a
.40-caliber pistol.

17. Q: So, are you saying that your action taken was only due to
performance of a lawful duty?
A: Yes sir. We just merely performed our duty and we did not perform
it with any ill motives of whatsoever.

18. Q: How did you arrest him?

A: The arresting officer appraise him of his rights under the Constitutio,
frisked him and he was handcuffed at the police station.

19. Q: Is handcuff necessary and is it a proof that a person is/was arrested?

A: Yes, sir. It is necessary for the protection of the arresting officer and
to avoid the arrested person from escaping.
 20. Q: Do you mean to say that if you had arrested the private complainant
in SEDA Hotel, he should be handcuffed before bringing him to the
police station?
A: Yes, sir. It is part of the standard procedure sir.

21. Q: Did he present any Identification Card for his identity as an NBI
Agent at that time?
A: Yes, he presented an NBI Id, sir.

22. Q: Is it not a valid proof that he is already authorized to carry firearms

such as the .40-caliber pistol that you said he surrendered to you since
he is part of a law enforcement agency?

A: No sir. Under the firearms law even a law enforcement agent is

required to have a License to Own Firearms (LTOF) and Permit to Carry
Firearms outside of resident (PTCFOR) if the subject firearm is privately
owned by the agent. And, if the firearm is owned and issued by the
government agency, a mission order (MO) or Letter Order (LO) is
required together with the Permit to Carry for Law Enforcement
Agents (PTCFOR-LEA).

23. Q: Do you have any proof or documents to show to prove your

statement?
A: Yes sir. I have with me is the certified copy of R.A. 10519 stating that
it is the Chief PNP or his duly authorized representative is authorized to
issue a Permit to Carry Firearms outside residence and that under 7.9
of the Implementing Rules and Regulation of R.A. 10519, it is stated
that it is a must for the Members of the PNP, AFP and other Law
Enforcement Agencies to apply for PTCFOR-LEA, in order to be
authorized to carry the firearms outside of residence.

Manifestation: Your honor the witness is presenting a document which is a

copy of R.A. 10519 which confirms his statements.

24. Q: Are you saying or telling us that the firearms should always be
accompanied as the case may be by an LTOF/PTC/PTCFOR-LEA/
MR/ARE/MO/LO whenever anyone would own or bring a gun?
A: Yes, sir.

25. Q: Why did you not accept the Certification from the NBI Director that
he is authorized to carry his firearms?
A: He did not present any certification of such at that time and what
was required by R.A. 10519, is LTOPF, PTC, PTCFOR-LEA, MR, ARE, MO,
and LO, the Certification issued by its head of Office is not among the
documents mentioned to validly carry a gun outside of his residence.

26. Q: According to the private complainant there was an order of release

from the prosecutor but he remains to be locked in the prison cell and
 he was only released on Monday if I am not mistaken. Why is he not
released immediately?
A: He was not released sir because the order for his release was made
after office hours and such release is still required to undergo a certain
operation procedure before he can be released by the warden and such
procedure is not our own doing.

27. Q: Can you tell us the procedure required before you can release a
detained person?
A: As an SOP, before the release of a detained person from police
custody after posting bail and presenting a Release Order, the duty
warden will have to verify first in MTC and RTC Courts if the said
detained person have other pending Warrant of Arrest before his
release.

28. Q: Do you have something more to add to your testimony?

A: None for now sir.

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

day of __________________ at _________________, Philippines.

PLTCOL GIDEON INES, JR.

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for

__________ this ____ day of ______________. Affiant personally came and
appeared with ___________________ issued by _______________________,
bearing his photograph and signature, known to me as the same person
who personally signed the foregoing instrument before me and avowed
under penalty of law to the whole truth of the contents of said instrument.

Notary Public

Doc. No. _______;

Page No. _______;
Book No. ______;
Series of 2024.

ATTESTATION

I, NOLEN B. ENDAYA, of legal age, Filipino, with postal address 1514-

A Ponte St., Brgy. Singkamas, Makati City after being duly sworn depose and
say:
1. I was the one who conducted the examination of the complainant P. CINSP.
GIDEON INES, JR.at my aforementioned office in Makati City;

2. I have faithfully recorded or caused to be recorded the questions I asked and

the corresponding answer that the witness gave;

3. I nor any other person then present or assisting him or coached the witness
regarding his answers;

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of

________________ at ___________________.

ATTY. NOLEN B. ENDAYA

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for

___________ this _____ day of ___________________. Affiant personally came
and appeared with IBP ROLL No. 76546 issued by the Integrated Bar of the
Philippines (IBP), bearing his photograph and signature, known to me as the
same person who personally signed the foregoing instrument before me and
avowed under penalty of law to the whole truth of the contents of said
instrument.

Notary Public

Doc. No. _______;

Page No. _______;
Book No. ______;
Series of 2024