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Republic of the Philippines

11th Judicial Region


REGIONAL TRIAL COURT
Branch 34
Panabo City, Davao del Norte

PEOPLE OF THE PHILIPPINES, CRIM. CASE No. CrC 26-2015


Complainant,

-versus - - for -

ARIEL B. DUMDUM, Violation of R.A. 9165


Accused. (Section 5)

JUDICIAL AFFIDAVIT
I, ARIEL B. DUMDUM, Filipino, __ years old, married, and a resident of
Purok 2, Barangay Tambo, Babak, IGACOS, Davao del Norte, after having been
sworn in accordance with law hereby deposes and states the following:

I, ARIEL B. DUMDUM, am one of the accused/witness in the above-


captioned cases.

I am answering the questions asked of me by Atty. Carmel G. Grado, fully


conscious and aware that the same is under oath and that I may face criminal
liability for false testimony and perjury.

OFFER OF TESTIMONY: The testimony of this witness, your Honor, is


being offered to prove that he is the accused in these cases. He will tell the court
what he was doing at the time of his arrest on 2 April 2017 at past 12:00 midnight.
He will tell the court that while he was in Metrobar Videoke Bar, he did not sell
drugs to PO2 Jude Anthony Bonares nor was he in possession of one other sachet
of shabu when he was frisked. He will testify what he was doing at Metrobar
Videoke and with whom he was with and on other related and relevant matters
pertaining to his arrest.

Q1: Mr. Revil, unsa ang imong kalabutan ani nga mga kaso nga Criminal Case No.
CrC 198/338199-2017?
(Mr. Revil, how are you involved in these cases, Criminal Case No. CrC 198/199-
2017?)
A1 : Akusado ko ani nga mga kaso, Maam.
(I am the accused in these cases, Maam.)

Q2: Kinsa ang imong kuyog sa panahon nga gidakop ka?


(Who were with you at the time of your arrest?
A2: Kuyog nako si Henry Montemayor ug Benson nga akong mga amigo ug tulo
kabuok G.R.O.
(I was with Henry Montemayor and Benson who are my friend and three G.R.Os.)

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Q3: Kanus-a ug kadiin man ka gidakop mahitungod ani nga mga kaso?
(When and where were you arrested in relation to these cases?
A3: Gidakop ko niadtong April 2, 2017 banda alas 12 sa tungang gabii sa Metrobar
Videoke sa San Agustin, Babak, IGACOS.
(I was arrested on April 2, 2017 at past midnight at Metrobar Videoke in San
Agustin, Babak, IGACOS.)

Q4: Nganong naa man ka sa Metrobar Videoke?


(Why were you at Metrobar Videoke?)
A4: Nag-inom mi sa akong mga amigo kay nakadaog man ko sa hantak sa lamay
sa patay namong silingan.
(I and my friends had a drinking session because I won in gambling at the wake of
our neighbor.)

Q5: Unsa nga oras man mo naabot sa Metrobar Videoke?


(What time did you arrive at Metrobar Videoke?)
A5: Banda alas 11:30 sa gabii sa April 1, 2017 mi naabot sa Metrobar.
(We arrived at Metrobar at around 11:30 P.M. of April 1, 2017.)

Q6: Asa man mo dapit sa Metrobar nag-inom?


(What part of Metrobar were you drinking?)
A6: Naa mi dapit sa gawas sa Metrobar nag-inom sa isa sa mga payag.
(We were drinking outside of Metrobar in one of the three shanties.)

Q7: Unsa ang inyong giinom?


(What were you drinking?)
A7: Nag-inom mi ug Red Horse.
(We were drinking Red Horse.)

Q8: Pila ka Red Horse ang inyong giinom sa wala pa ka gidakop?


(How many Red Horse were you drinking before you were arrested?)
A8: Naa na mi sa among ika-upat nga grande nga Red Horse sa dihang niabot ang
tulo ka tao nga nakasibilyan.
(We were on our fourth big bottle of Red Horse when three men wearing civilian
outfits arrived.)

Q9: Unsang orasa na man to?


(What time was that?)
A9: Lampas na to sa alas dose sa tungang gabii, Maam.
(It was past 12 midnight, Maam.)

Q10: Unsa ang imong gihimo pag-abot atong mga tao?


(What were you doing at the time the men arrived?)
A10: Nakatulog na ko ato sa paa sa isa sa mga G.R.O. ug gipukaw na lang ko sa
babae kay naay mga tao nga niabot ug nangita nako.
(I fell asleep in the lap of one of the G.R.O.s and she just woke me up when the
men were looking for me.)

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Q11: Unsa ang gihimo atong mga tao sa imoha?
(What did the men do to you?)
A11: Giwahing akong nawong sa isa sa mga tao. Nagmata na ko aning panahona.
(One of the men looked at my face. I was already awake at this time.)

Q12: Kinsa man to ang tao nga niwahing sa imong nawng?


(Who was that man who looked at your face?)
A12: Si Sir Laojan to siya.
(It was Officer Laojan.)

Q13: Unsa ang istorya ni Officer Laojan sa imoha?


(What did Officer Laojan say to you?)
A13: Giingnan ko niya nga naa daw report nga naa mi baril.
(I was told by him that there were reports that we had guns.)

Q14: Unsa ang imong tubag?


(What was your answer?)
A14: Niingon ko nga wala mi baril.
(I said we did not have firearms.)

Q15: Unsa ang sunod gihimo ni Officer Laojan?


(What was the next thing that Officer Laojan did?)
A15: Gipapahawa ni Sir Laojan ang mga babae ug ang duha ka lalaki nga akong
kainom. Sa wala pa palakwa ang mga lalaki, gikapkapan una sila.
(Officer Laojan made the women and the men I was drinking with leave. Before
the men were allowed to leave, they were frisked first.)

Q16: Unsa ang sunod nahitabo atong wala na ang imong mga kauban sa inom?
(What happened next after the people you had a drinking session with were made
to leave?)
A16: Gikapkapan ko ni Sir Laojan.
(I was frisked by Officer Laojan.)

Q17: Unsa ang nakuha gikan nimo?


(What was taken from your possession?)
A17: Nakuhaan ko niya ug kapin P2000.00 nga kwarta, kwentas nga silver nga
balor ug P3000.00 ug ang susi sa motor.
(He was able to recover money which was more than P2000.00, silver necklace
worth P3000.00 and key to my motorcycle.)

Q18: Kinsa man to ang lain nga duha lalaki nga niabot didto sa Metrobar?
(Who were the other two men who arrived at Metrobar?)
A18: Sila si Sir Carwana ug Bonares.
(They were Officers Carwana and Bonares.)

Q19: Unsa ang sunod nahitabo?


(What happened next?)
A19: Sila si Sir Carwana ug Laojan nibiya nako. Giingnan nila si Sir Bonares nga
pabantayan ko.
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(Officers Carwana and Laojan left me. They told Officer Bonares to watch over
me.)

Q20: Asa man si Officer Carwana ug Laojan nipadulong?


(Where did Officer Carwana and Laojan go?)
A20: Niadto sila sa patrol car nga naka-parking 15 metros gikan sa payag.
(They went to the patrol car which was parked 15 meters away.)

Q21: Nibalik ba silang duha sa imoha?


(Did the two go back to you?)
A21: Oo, nibalik sila nako.
(Yes, they went back to me.)

Q22: Unsa ang ilang gi-istorya nimo atong nibalik sila, kung naa man?
(What did the two of them say to you when they went back, if they said anything?)
A22: Gitiunan ko nila ug baril ug ila kung giingnan nga patyon ko nila.
(They pointed a gun at me and told me that they will kill me.)

Q23: Unsa ang sunod nga nahitabo?


(What happened next?)
A23: Gikapkapan na pod ko ni Sir Bonares.
(I was frisked again by Officer Bonares.)

Q24: Unsa ang nakuha ni Bonares gikan nimo?


(What were Officer Bonares able to recover from you?)
A24: Nakuhaan na ko niya ug duha ka sachet nga shabu sa akong wala nga bulsa
sa likud.
(He was able to recover two sachets of shabu from my left back pocket.)

Q25: Naa ka bay gi-istorya ni Officer Bonares?


(Did you say anything to Officer Bonares?)
A25: Ako siya nga giingnan nga gi-planted ra to niya nako.
(I told him he merely planted it on me.)

Q26: Unsa ang tubag ni Officer Bonares?


(What was Officer Bonaress reply?)
A26: Wala na siya nitingog nako.
(He did not say anything.)

Q27: Naa pa ba kay lain nga kaso gawas aning imong gi-hearing karon?
(Are you facing another case aside from these ones we are hearing now?)
A27: Naa koy Sec. 11 sa RTC-Branch 4. Nakapyansa ko didto pero atong
nakagawas na ko, gi-aresto na pod ko nila.
(I have a Sec. 11 with RTC-Branch 4. I was able to put up bond there. When I was
already out on bail, they arrested me again.)

Q28: Gipasanginlan ka nga namaligya ug isa ka sachet nga shabu ni PO2 Jude
Anthony Bonares ug atong gikapkapan ka, nakuhaan ka ug isa ka sachet nga shabu.
Tinuod ba kini?
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(You are accused of selling one sachet of shabu to PO2 Jude Anthony Bonares and
when you were frisked, he was able to recover one sachet of shabu from you. Is
this true?)
A28: Dili na tinuod, Maam. Ila ra na nga gi-planted nako ang mga shabu.
(That is not true, Maam. They merely planted the sachets of shabu on me.)

Q29: Kaila ba nimo si Officers Carwana, Laojan ug Bonares sa wala pa ka


gidakop?
(Did you know Officers Carwana, Laojan and Bonares before your arrest?)
A29: __.
(__.)

IN WITNESS WHEREOF, I have hereunto set my hand this 29 th day of


August 2017 in Panabo City, Davao del Norte, Philippines.

ARIEL B. DUMDUM
Affiant

SUBSCRIBED AND SWORN to before me this 29th day of August 2017 in


IGACOS, Davao del Norte, Philippines.

SWORN ATTESTATION/CERTIFICATION

I, ATTY. CARMEL G. GRADO, am the handling lawyer of the above-


captioned case with office address at Public Attorneys Office, Hall of Justice,
Panabo City, Davao del Norte. I am the one who conducted the examination of the
witness and the same was conducted in BJMP, IGACOS, Davao del Norte on 29
August 2017. I also certify that:
1. I faithfully recorded or caused to be recorded the questions I asked from
Mr. Ariel B. Dumdum and the corresponding answers that the said witness
gave; and

2. Neither I nor any other person then present on 29 August 2017 coached Mr.
Ariel B. Dumdum regarding the latters answers.
IN WITNESS WHEREOF, I have hereunto set my hand this 29 th day of
August 2017 in IGACOS, Davao del Norte, Philippines.

ATTY. CARMEL G. GRADO


Affiant

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Competent Evidence of Identity: Roll No. 50095
TIN 204 328 064

SUBSCRIBED AND SWORN to before me this 29th day of August 2017 in


IGACOS, Davao del Norte, Philippines by the affidavit with her above-indicated
competent evidence of identity.

Copy Furnished: PROS. JOSEPH M. APAO Received by:


City Prosecutor _________________
IGACOS, Davao del Norte 29 August 2017

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