Republic of the Philippines

REGIONAL TRIAL COURT

8th Judicial Region
Branch 20
Catarman, Northern Samar
People of the Philippines
Plaintiff,

Criminal Case No. MDR-150-99

FOR: Murder

-versusSheriff Habeas Corpuz Jr.

Accused.
X------------------X

Judicial Affidavit of
PO2 DOLO H. INCIDENTE
I, PO2 Dolo H. Incidente, 28 years old, married, residing at Brgy. Airport
Village, Catarman, Northern Samar, after having been sworn to in accordance
with the law do hereby depose and state:
That Fiscal Regine Anne A. Garcelazo is the counsel who conducted and
supervised my examination as a witness at the Provincial Prosecutors Office,
Bulwagan ng Katarungan Building, Brgy. Dalakit, Catarman, Northern Samar;
That I am answering the questions herein fully conscious that I do so
under oath and that I may be criminally liable for false testimony or perjury;
Questions were propounded by Fiscal Regine Anne A. Garcelazo and
these questions are numbered consecutively and each question is followed by
the answer of the witness in dialect and translated to the English language.
Q1: Do you swear to tell the truth, the whole truth and nothing but the
truth?
A1: Yes Maam.
Q2: What is your occupation?
A2: I am a Police Officer, Maam.
Q3: Where are you assigned?
A3: I am currently assigned at the Catarman Municipal Police Station, in
Catarman, Northern Samar.
Q4: Where you on duty on November 13, 2014?
A4: Yes, Maam.
Q5: At around what time were you on duty on the said date.

A5: I was on duty from 0600H to 1400H. Thats six oclock in the morning to
two o clock in the afternoon.
Q6: Where were you on duty?
A6: I was on duty at our outpost near Camille Homes Subdivision, it was just
besides Caltex Gasoline Station, together with PO1 Mensa Y. Thoro and SPO3
Pacto Comisorio.
Q7: Did any incident occur during the above-mentioned timeframe?
A7: Yes on or around eleven thirty oclock in the morning, a man came running
from the direction of Sitio Tamburusan shouting and asking for help.
Q8: What was the man shouting about?
A8: He kept shouting Sir! May didto guin-patay! (Sir! Someone was killed
there!) and pointing to the direction where he came from.
Q9: What happened after that?
A9: While he was explaining to PO1 Mensa Y. Thoro about what he saw, I
grabbed the M16 rifle and SPO3 Comisorio asked for the description of the
suspect while we got ready to proceed to the scene. The man told us that he
was a man wearing a white shirt and blue maong pants. He also told us that
last he saw the suspect was still inside the house of one Indebitatus Ponente.
Q10: What did you do next, if any?
A10: We proceeded immediately by motorcycle to the house of Indebitatus
Ponente where the alleged stabbing incident occurred. We were accompanied
by the witness Animus H. Posedendi while PO1 Thoro remained in the outpost
and radioed the station for backup and the SOCO squad.
Q11: Upon you arrival at the house of Indebitatus Ponente what did you
do?
A11: The gate was ajar so me and SPO3 Comisorio went to the front door,
knocked and shouted Maupay for two times, there was no answer so SPO3
Comisorio said that we should make a tactical entry, thus we announced by
shouting Mga Pulis kami, masulod kami! then I opened the front door by
turning the knob, then we entered the house.
Q12: Upon entering the house, what happened next, if any?
A12: We cleared first the living room and SPO3 Comisorio signaled that he will
clear the second floor so I proceeded further into the house.
Q13: Did anything in particular happen while you were inside the house
of Indebitatus Ponente?
A13: Yes, when I was clearing the kitchen area, a man suddenly stood up from
behind the center counter. I was so surprised by his suddenly appearance that
I almost shot him. However I hesitated because I saw that his shirt has some
bloodstains so I thought maybe he was a victim, but my gun was still pointed
at him. I told him Ayaw kahadok, Pulis ak as I slowly move towards him.

Q14: What happened next, if any?

A14: After hearing that I was a Police Officer he said Ayaw pagduok. Si
Indebitatus sini ngatan an may sala. Then he bolted so fast and was out of the
back door. I shouted to him to stop and that I am a Police Officer but he did
not stop so I ran after him.
Q15: Why did you not just shoot him in the leg?
A15: Because it happened so fast, he was out of my visual periphery in
seconds. I did not have enough time to react, so I ran after him to have a clear
shot. But when I noticed that I am able to outrun him easily I just run after
him until I caught up with him and tackled him from behind.
Q16: What happened next, if any?
A16: The suspect fell on his face on the soft sandy soil and I immediately stood
up and stepped on his back to immobilize him. Then SPO3 Comisorio had
already caught up with us and saw that suspect was holding a knife in his
right hand. SPO3 Comisorio immediately disarmed the said knife and recited to
the suspect his Miranda Rights and handcuffed the latter.
Q17: Did you see the said knife that suspect was holding?
A17: Yes when SPO3 Comisorio handed it to me while he handcuffed the
suspect.
Q18: What happened next, if any?
A18: We went back to the house and secured the crime scene on the second
floor while we waited for the SOCO team. When the SOCO team arrived, SPO3
Comisorio handed over the knife but was told by the SOCO team leader to
make his distinguishin mark, so SPO3 Comisorio carved his initial P.C. on the
handle of the knife and gave it to the SOCO team leader.
Q19: Can you describe the said knife?
A19: Yes, it was about four or five inches long, flat and has a sharp end. It
has a black handle marked with the initials P.C. on the handle.
Q20: If the said knife is show to you would you recognize the same?
A20: Yes.
Q21: What happened next, if any?
A21: We transported the suspect to the station using a L300 Mobile vehicle.
SPO3 Comisorio was at front seat besides the driver. I was on the back with
the suspect.
Q22: Did anything in particular happen while you were transporting the
said suspect?
A22: Yes, said to me in a loud voice Ako ngani a nag buno kan Equity pero kay
si Indebitatus a may sala sa ngatanan kay guin agaw niya si Janine!

Q23: What did you do after hearing what he said, if any?

A23: I recited to him his Miranda Rights in Waray and in English but he kept
repeating what he said.
Q24: What happened next, if any?
A24: Just right before we got off the vehicle, he said that Ayaw na kam pag
tinanglay pag inimbistigar kay guin aamin ko, na ako an nag buno kan Equity.
Ako na bahala, pahimuon ko an akon Abogado na si Atty. Eusevio Jalacera si
guin susugad na Extra Judicial Confession upod ko pa an akon nanay.
Q25: Do you know the identity of the suspect that you caught?
A25: Yes, I heard him said that his name is Sheriff Habeas Corpuz Jr. when he
was asked by the Desk Officer when we booked his arrest.
Q26: Do you have anything more to add to your testimony?
A26: None at this moment sir.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 28th

day of November 2014 at Catarman, Northern Samar, Philippines.

PO2 DOLO H. INCIDENTE

Witness

SUBSCRIBED AND SWORN to before me this 28th day of November 2014

at Catarman, Northern Samar, Philippines.
Regine Anne A. Garcelazo
Asst. Provincial Prosecutor
Detailed PPO-Catarman
Northern Samar
MCLE Compliance No. IV 145263
Officer-in-Charge

ATTESTATION OF LEGAL COUNSEL

I, Regine Anne A. Garcelazo, Asst. Provincial Prosecutor, Detailed PPOCatarman, Northern Samar, after having been sworn to in accordance with the
law do hereby depose and say:
1. That I have faithfully recorded or caused to be recorded the questions
I asked and the corresponding answers that witness, PO2 Dolo H.
Incidente, gave;

2. That I have not, nor any other person present or assisting coached the
witness regarding the witness answers; and
3. That I fully understand that any false attestation shall subject me to
disciplinary action, including disbarment.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 28th

day of November 2014 at Catarman, Northern Samar, Philippines.

Regine Anne A. Garcelazo

Counsel for the State
SUBSCRIBED AND SWORN to before me this 28th day of November 2014
at Catarman, Northern Samar, Philippines.
ATTY. SHIROV SECURATA
Public Attorney IV
Public Attorneys Office
Catarman, Northern Samar
MCLE Compliance No. IV 124573
Officer-in-Charge
Doc. No. 723
Page no. 76
Book no. 12
Series of 2014