Republic of the Philippines

REGIONAL TRIAL COURT

Second Judicial Region
Branch No. 36
Santiago City

PEOPLE OF THE PHILIPPINES,

Complainant,
CRIMINAL CASE NO. 11111
-versus- FOR: Violation of Section
5,Article 2 of R.A 9165
CARLO “BOGS” AQUINO,
Accused .
x--------------------------------------------------x

JUDICIAL AFFIDAVIT

I, PO2 OMAR LIDAY, of legal age, married and a resident

of Andres Bonifacio, Diffun, Quirino, after having been sworn in
accordance with the law depose and state that:
The testimony of the poseur buyer, PO2 OMAR LIDAY is
being offered, through this Judicial Affidavit, to prove the
following:
1. That on or about two o’clock in the afternoon of January
8, 2019, PSI Romel Naiwan, team leader of the Drug
Enforcement Unit of Santiago City Police Office received
a call from a confidential informant that a certain “BOGS”
of Brgy. Rosario, Santiago City is selling drugs particularly
methamphetamine hydrochloride, locally known as
“SHABU” and is looking for a buyer of his items;
 2. That the team leader immediately reported the
information to the Chief of Police, PCI JUAN MILLO and
was ordered to call his team for the briefing on the buy-
bust operation to be conducted;
3. That on or about eight o’clock in the evening, the team
leader PSI Naiwan, together with other team members, in
the persons of PO2 Omar Liday, PO2 Mark Blanco, PO2
Iyan Lannu and PO1 Mike Ballesteros, and the confidential
informant went to the place to conduct the buy-bust
operation;
4. That upon the arrest of “BOGS”, the proper protocols and
procedure were observed by the arresting officer.

ATTY. PUMARAS TO THE WITNESS:

1. Q: Please state your name and other personal
circumstances.
A: I am PO2 OMAR LIDAY, of legal age and a resident
Andres Bonifacio, Diffun, Quirino
2. Q: Why are you here?
A: I am here to give my sworn statement by way of a
judicial affidavit, the same to constitute as my direct
testimony in the above-captioned criminal case.
3. Q: For the record, please state the name of the lawyer
who is now conducting your examination and the place
where the examination is being held now.
A: Prosecutor Deus Gleena C. Pumaras is conducting my
examination now at the City Prosecutor’s Office located
at the Hall of Justice, San Andres, Santiago City.
4. Q: In what language do you want your examination to be
conducted?
 A: This judicial affidavit is prepared in English, but my cross
examination may be conducted in Tagalog and English
for my convenience and clarity.
5. Q: You are reminded that your answer to the questions to
be asked are made under oath and that you may be
charged with perjury or false testimony with respect to the
answers you will give, do you want to proceed?
A: Yes, Fiscal. I am aware of the consequences and I am
willing to proceed.
6. Q: How long have you been in the service?
A: I have been in the service for eight years, Ma’am.
7. Q: When were you assigned in the Drug Enforcement Unit
of the Santiago City Police Office?
A: I was assigned in the DEU since 2014, Ma’am.
8. Q: Who is Carlo “Bogs” Aquino?
A: He was the subject of the buy-bust operation we
conducted.
9. Q: When were you informed that there will be a buy-bust
operation to be conducted?
A: We were informed by our team leader that the COP
ordered and will conduct a briefing for a buy-bust
operation at around 3 o’clock in the afternoon of January
8, 2019.
10. Q: What happened during the briefing?
A: During the briefing, our team leader assigned different
tasked to be performed by each member and he also
presented the operational plan.
11. Q: What are the tasked assigned to each of you?
 A: I was assigned to be the poseur buyer, PO2 Blanco and
PO2 Lannu will be the arresting officer and PO1 Ballesteros
was with PSI Naiwan.
12. Q: Are there any instructions from your team leader
on how will you conduct the arrest of Bogs?
A: Yes, during the briefing, I was instructed to contact
Bogs, through a phone call, to act as the buyer and to ask
the meeting time and place.
13. Q: Were you able to call Bogs?
A: Yes.
14. Q: What happened next?
A: When Bogs picked up the call, I introduced myself and
told him that I was informed by a friend that he was
looking for a buyer and that I am willing to buy his item.
He told me that he only have a sachet of it and it cost five
hundred pesos. I asked him where and when can I meet
him. And he answered that we will meet infront of the
house of Jennifer Bugtong beside the Community Center
of Brgy. Malvar, Santiago City at around nine o’clock in
the evening of January 8, 2019.
15. Q: Upon confirmation of the place where you will
meet, what happened next?
A: I was instructed by our team leader to give the marked
money first and call PO2 Blanco the moment that Bogs will
hand me the item. The call will be the signal for his arrest.
16. Q: What happened after the briefing?
A: We were then instructed to wait for the go signal of our
team leader.
17. Q: What time did you go to the meeting place?
 A: We went to the meeting place at around eight o’clock
in the evening.
18. Q: Upon arriving at the meeting place, what
happened next?
A: PO2 Blanco and PO2 Lannu went to the canteen
infront of the Community Center of Brgy. Malvar, Santiago
City and I waited for Bogs infront of Jennifer Bugtong’s
house.
19. Q: What transpired next?
A: At 8:30 in the evening, I received a text message from
Bogs that he was on his way. And he arrived at the said
place at around 8:50 in the evening.
20. Q: What happened upon his arrival?
A: He introduced himself and asked me my payment
before he would hand me the item. I immediately
handed him the marked money amounting to five
hundred pesos and then after which, he gave me a
plastic-sealed containing white crystalline substance.
While he was telling me that I can call him anytime I
needed the same, I immediately called PO2 Blanco.
21. Q: What happened next?
A: PO2 Blanco and PO2 Lannu immediately came and
arrested Bogs for violation of Section 5, Art. II of R.A. 9165.
22. Q: What did they do after arresting Bogs?
A: Our team leader informed Bogs of his constitutional
rights and he opted to remain silent. PO2 Blanco frisk Bogs
and recovered from him the buy-bust money.
23. Q: What happened next?
A: PO2 Ballesteros received the plastic-sealed containing
white crystalline substance and Bogs was brought to
 Santiago City Police Office for the inventory, markings and
photography of the items recovered from him.
24. Q: Upon arrival at the police office, what
happened?
A: The items which were seized and confiscated were
inventoried, marked by PO2 Ballesteros and photograph
in the presence of Ms. Lisa Bullecer, the representative of
the Department of Justice, Mr. Harisson Julian, media
representative and Ms. Lydia Tangonan the Punong
Barangay of Brgy. Malvar, Santiago City.
25. Q: Did they sign the copies of inventory?
A: Only the Ms. Bullecer and Mr. Julian signed the
inventory.
26. Q: Kindly read all the questions and answers in this
Judicial Affidavit and let me know if you have some
corrections.
A: I have read the questions and answers contained
herein and I have determined based on my personal
knowledge that the contents are true and correct.

Nothing follows.

IN WITNESS WHEREOF, I hereunto affix my signature

this 15th day of January, 2019 at San Andres, Santiago City,
Philippines.

PO2 OMAR LIDAY

Affiant
 SUBSCRIBED AND SWORN TO before me this 15th day
of January, 2019 at the City Prosecutor’s Office, San
Andres, Santiago City, Isabela with affiant exhibiting his
PNP issued I.D. with ID No. 224467 as competent proof of
his identity.

ATTY. DEUS GLEENA C. PUMARAS

City Prosecutor

Doc. No. 04
Page No. 05
Book No. I
Series of 2019

Copy furnished to :
ATTY. NORLEVIWILGEM LISA A. SALVADOR
Counsel for the Accused
SARADOPU Law Office
Unit 16, Brgy. Masaya, Santiago City
 ATTESTATION

I, ATTY. DEUS GLEENA C. PUMARAS, after having been

duly sworn according to law, attest that:
1. I am the lawyer who conducted the taking of the
foregoing judicial affidavit of PO2 OMAR LANNU;
2. I faithfully recorded the questions I asked and the
corresponding answers that the witness gave; and
3. Neither I nor any person then present or assisting
me coached the witness regarding his answers.

IN WITNESS WHEREOF, I have hereunto set my hands this

15th of January, 2019 at City Prosecutor’s Office, San Andres,
Santiago City.

ATTY. DEUS GLEENA C. PUMARAS

Affiant

SUBSCRIBED AND SWORN TO before me this 15th day of

January, 2019 at the City Prosecutor’s Office, San Andres,
Santiago City, Isabela, with the affiant exhibiting to me her
PHILHEALTH I.D with RN 000016-7654 as competent proof of
identity.

Doc. No. 05
Page No. 06
Book No. I
Series of 2019