Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
BRANCH 4-E, MAKATI CITY

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- Crim. Case No. 14344

For: Murder

PO2 RAFFY MAGALING,

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

JUDICIAL AFFIDAVIT

I, MICKO ANGELO VILLANUEVA, of legal age, single, and

living at 155 Banaba St., Sampaloc, Manila corroborating witness in
this case state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. KATHERINE E.

NACIONAL with office address at 635 Mendiola St., San Miguel,
Manila. The examination is being held at the same address on 19
November 2016. I am answering her questions fully conscious that
I do so under oath and may face criminal liability for false testimony
and perjury.

PURPOSE: This testimony is being offered to prove that

respondent; PO2 Raffy Magaling could not have fired his service
pistol; and all other related matters, facts, and circumstances
related to this case. He will also identify certain documents in the
course of his testimony.

Question 1 (Q1). Please state your name and other personal

circumstances for the record.
Answer 1 (A1): I am Miko Angelo Villanueva, police inspector of the
of the Philippine National Police Crime Laboratory Forensic
Service.

Q2: How are you employed?

A2: I am employed as a police inspector in the Philippine National
Police Crime Laboratory Forensic Service.

Q3: How long have you held that position?

A3: 10 years.

Q4: What kind of work is done there?

A4: We are part of the Philippine National Police Crime Laboratory
Service and we perform Paraffin Test for criminal cases.

Q5: What are your duties?

A5: I conduct paraffin testing and interpreting the results of the test.

Q6: What were you asked to do in relation to this case?

A6: I was asked to do a paraffin test on the accused, P02 Raffy
Magaling.

Q7: Can you explain briefly to this Court the process in conducting
a paraffin test?
A7: A request form together with the specimen to be examined is
submitted to our office. The specimen required for paraffin testing is
1 pair of paraffin cast from the person being examined. Upon
receipt of the paraffin cast, we apply either diphenylamine or
diphenylbenzidine. The presence of gun powder nitrates will cause
blue dots to appear on the casts corresponding to the hand
supposedly used to shoot.

Q7: I have here a Chemical Report from PNP Crime Laboratory, is

this familiar to you?
A7: Yes, Ma’am.

Q8: Why is it familiar to you, if you know?

A8: That is the chemical report of the paraffin test I conducted on
the paraffin cast from P02 Raffy Magaling.

Q9: Based on that chemical report, can you tell me whose

signature appears on the document?
A9: My signature, Ma’am.
Q10: Mr. Witness, who requested for the paraffin testing of the
accused, P02 Raffy Magaling, if you know?
A10: The SOCO Team Leader of the PNP Crime Laboratory,
Ma’am.

Q11: When was the request made, if you know?

A11: The request was made on February 14, 2016.

Q12: What was the purpose of the paraffin test?

A12: To determine the presence of gunpowder nitrates.

Q13: Based on that report you are holding, can you read the part
which indicates the findings of your test?
A13: Qualitative examination conducted on the above specimen
gave NEGATIVE results to the test for the presence of gunpowder
nitrates.

Q14: In simple terms, what does this NEGATIVE result means?

A14: That the accused did not have any gun powder nitrates which
indicates that he did not fire his service pistol.

No further questions, your honor.

N WITNESS WHEREOF, I hereby affixed my signature

this 19th day of November 2016, here in Manila, Philippines

Miko Angelo Villanueva

Affiant

SUBSCRIBED AND SWORN TO before me this 21th day

of November 2016 here in the City of Manila by affiant who is
a person known to me and who also exhibited competent
evidence of his identity consisting of
_____________________________ bearing No. ______________
which is still valid at the time of the execution hereof.

Doc No. _______;

Page No. ______;
Book No. ______;
S. of 2016.

ATTESTATION

I, ATTY. KATHERINE E. NACIONAL, counsel for the

accused, with office address at 635 Mendiola St., San Miguel,
Manila, do hereby attest that on this 19th day of November
2016, I have personally examined the above-named witness,
and that I have faithfully recorded or caused to be recorded
the questions asked and the corresponding answers thereto
made by him. I further attest that I, or any other persons
herein present, or assisting me, never coached the said
witness regarding his answers.

IN WITNESS WHEREOF, I have hereunto affixed my

signature this 21th day of November 2016 in the City of
Manila, Philippines.

KATHERINE E. NACIONAL
Affiant

BEFORE ME, a Notary Public for and in the City of Manila,

this 21h day of November 2016, personally appeared the
above-named affiant, who is personally known to me to be the
same person who executed and voluntarily signed the
foregoing Attestation, which she acknowledged before me as
her free and voluntary act and deed.

ATTY. RACHEL V. DIVA

Doc. No. 11; NOTARY PUBLIC
Page No. 18; Until December 31, 2017
Book No. 3; PTR No. 517894 - Jan. 5, 2016
Series of 2016. IBP No. 17945
Roll No. 43157
MCLE No. 13-0578457
Serial No. of Commission M-124