Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch 78, Quezon City
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 00089
For: Murder

vs.
PO2 DANIEL PANTALEO.
Accused.
X---------------------------------------------------X

JUDICIAL AFFIDAVIT OF C/INSPECTOR JULIO DOMINGUEZ

OFFER OF TESTIMONY:
The testimony of C/INSPECTOR JULIO DOMINGUEZ is being offered
for the following purposes;
1 That as the superior and commanding officer of the Accused in this
case, he received a request for police assistance regarding a
disturbance taking place on Ellens Beauty Shop last 17 July 2014 at
around 4:00 in the afternoon;
2 That in response to such request, he deployed a team of police officers
which included the Accused PO2 Pantaleo Garcia to Ellens Beauty
Shop where the alleged disturbance was taking place and as such, the
operation undertaken by the herein Accused was a legitimate police
operation;
3 The witness shall also identify his Joint-Affidavit and testify on all other
matters relevant to the defenses interposed by the Accused for the
present case;
X-----------------------------------X
PRELIMINARY STATEMENT
I.

I am Chief Superintendent JULIO DOMINGUEZ, of legal age,

Filipino, with office address at Police Station No. 15, Quezon Avenue,
Quezon City;

II.

This examination is being conducted by Atty. Jason Ababa at 100K

Tower, 100 Kamias Road, Quezon City;

III.

I answered all the questions propounded by the previously

mentioned counsel truthfully and honestly, under oath and fully
aware of the consequences of false testimony and perjury;
DIRECT EXAMINATION PROPER

1. Good morning, Inspector Dominguez.

Answer: Good morning, Atty.
2. Please state your occupation for the record.
Answer: I am a Chief Inspector of the Philippine National Police
assigned with PNP Centris Station, Quezon City Police District, Quezon
City.
3. In relation to the present case, do you recall where you were on the
afternoon of 17 July 2014?
Answer: I was on duty at the PNP Centris Station, Atty.
4. And who else, if any, were on duty at that time?
Answer: PO2 Daniel Pantaleo, PO3 Mikel Jordan, PO2 Scot Epippen,
PO2 Dehins Rodman, PO1 Phil Jacks Ong and other police officers, Atty.
5. And while you were on duty, what incident relative to the present case
occurred, if any?
Answer:
I received a call from a certain SELENA GOMEZ who
introduced herself as the supervisor of ELLENS Beauty Shop located at
the Centris Mall, Quezon City. She was asking for urgent police
assistance and she reported that there is a group of men disturbing
the peace in the area and apparently engaged in the sale of marijuana
cigarettes right in front of their shop.
6. After receiving this information from the caller, what did you do next, if
any?
Answer: I instructed the police officers namely PO2 Daniel Pantaleo,
PO3 Mikel Jordan, PO2 Scot Epippen, PO2 Dehins Rodman, and PO1
Phil Jacks Ong to proceed to the area and respond to the request for
assistance.
7. After deploying your men to the area, what did you do next, if any?
Answer: I waited for the feedback from them. We were in constant
communication until their arrival to the scene.
8. So to clarify and based on your answer, you did not accompany them
to the area?
Answer: That is correct, Atty.
9. You said that you were in constant communication with team up to the
point that they arrived on the scene. When was the next time that they
updated you regarding the progress of the incident?
Answer: After several minutes, I received advice from one of the team
members that the suspect, a certain Eric Garner, appears to be
unconscious. They were requesting for emergency medical assistance
and an ambulance for the suspect.

10.
With this request, what did you do next, if any?
Answer: I immediately directed our personnel to send emergency
medical personnel and an ambulance to the area, Atty.

11.
And after that, what further participation, if any did you have
relative to the present case?
Answer: As the immediate superior of the team that conducted the
deployment at that time, I personally interviewed all of the members
of the team and tried to get a sense of what happened. This was my
way of conducting an investigation into the incident since it resulted to
the death of a potential suspect.
12.
And what, if any, was the result of your investigation and
inquiries from the team members?
Answer: Based on the accounts given by the members of team, Eric
Garner resisted the arrest being carried out after his refusal to cease
from disturbing the peace in the area. In the course of restraining Mr.
Garner, he appears to have suffered a heart attack which could have
been the proximate cause of his death.
13.
Do you know the Accused in this case, PO3 Daniel Pantaleo,
Inspector?
Answer: Yes, Sir. I have been his immediate superior for past five (5)
years and I know him personally.
14.
In your capacity as immediate superior of PO3 Pantaleo, what is
your assessment as to his competence and track record as a police
officer?
Answer: PO3 Pantaleo is one of the best policemen in the station. He
can perform his job efficiently and effectively. As to his track record, I
have not received any complaints against him for the past five years
for acts done in the performance of his functions. He is very active and
dedicated in fulfilling the duties assigned to him. All in all, I can
honestly say that he is a professional and competent police officer.
15.
In relation to this case, do you recall having executed a Joint
Affidavit?
Answer: Yes, Atty.
16.
And if that Joint Affidavit will be shown to you, will you be able to
identify the same?
Answer: Yes, Atty.
17.
I am showing to you a Joint Affidavit consisting of two pages
previously marked during the Pretrial as Exhibit 9 to 9-A for the
Accused, how is this related to the Joint Affidavit you mentioned just
now?
Answer: That is the Joint Affidavit that I executed.
The Defense manifests that the document identified by the witness
has been previously marked as Exhibits 9 to 9-A during the
Pretrial.

18.
Mr. Witness, on the last page of this Joint Affidavit, Exhibit 9-B, to
be precise, on the left page thereof, is a signature above the name
C/Inspector Julio Dominguez, whose signature is that?
Answer: That is my signature.
The Defense manifests that the signature identified by the witness has
been previously marked as Exhibit 9-B for the Accused.
19.
And do you confirm and affirm the truthfulness and veracity of
the contents of this Joint-Affidavit?
Answer: Yes, Atty.
20.
I have no further questions, Inspector Dominguez. Thank you.
Answer: Thank you, Atty.
IN WITNESS WHEREOF, I have hereunto affixed my signature this _____
day of _________________, 2015 in the City of __________________, Philippines.

C/INSP. JULIO DOMINGUEZ

Affiant
SUBSCRIBED AND SWORN TO BEFORE ME this ______ day of ___________
in the City of _____________________ affiant presenting to me his competent
evidence of identity, ID No. ______________________.

Doc No. ______

Page No. _____
Book No._____
Series of 2015.

Republic of the Philippines

City of ___________________

SWORN ATTESTATION
I,Atty. Jason Ababa, under oath, attest to the following facts;
1 I have faithfully recorded and/or caused to be recorded all of the
questions asked in this Judicial Affidavit and all of the answers given by
the Affiant;
2 Neither I nor any person then present or assisting me coached the
affiant regarding his answer;
IN WITNESS WHEREOF, I have hereunto affixed my signature this
__________ day of __________________.
_______________________
Affiant
SUBSCRIBED
AND
SWORN
TO
BEFORE
ME
this
________________________ in the City of _________________, Philippines by the
above-named affiant identified by ID No. _________________________.
Doc No.____
Page No.____
Book No._____
Series of 2015