Republic of the Philippines)

City of Zamboanga ) s.s.

JUDICIAL AFFIDAVIT OF
PO2 JOVA RIVERA AGUSTIN

I, PO2 JOVA RIVERA AGUSTIN, of legal age, married, Filipino, a member of the
Philippine National Police and presently assigned Police Station 3, Sangali, Zamboanga City,
after having been sworn to an oath in accordance with law, hereby depose and state, that;

1. This JUDICIAL AFFIDAVIT for Criminal Case. No. 51826 is prepared in English
which is a language known to me.
2. I am a witness as against in the above entitled case for Grave Coercion now filed
before the MTCC, Branch 3, Zamboanga City.
3. My direct examination was conducted by Associate City Prosecutor Edwinlino B.
Custodio on February 18, 2015 at his Office at Room 105, Hall of Justice, Sta.
Barbara, Zamboanga City.
4. I answered the questions fully conscious and under oath, fully aware that I may face
criminal liability for false testimony or perjury.

OFFER OF TESTIMONY

The testimony of PO2 JOVA RIVERA AGUSTIN, as witness is being offered to prove;
that-

1. He is a member of the Philippine National Police who conducted an

investigation on a vehicular collision incident on August 26, 2014 involving one Sgt. Cierlizkie
M. Enriquez and Prudencio L. Gomez Jr.

2. That as an Investigator, he conducted the investigation, gathered evidence,

prepared reports and forwarded the complaint to the Office of the City Prosecutor to support the
filing of a criminal complaint against the accused.

3. He will corroborate the testimonies of other witnesses and identify the

person of Sgt. Cierlizkie M. Enriquez (accused) as the subject of his reports, the documents he
had prepared and the evidence gathered as part of his investigation to form part of his direct
testimony and this judicial affidavit, and to testify on other matters related or germane to his
main testimony.

DIRECT TESTIMONY

Q-1: Mr. Witness, Please state your name and other personal circumstances.
A-1: I am PO2, of legal age, married, Filipino, a member of the Philippine National Police and
presently assigned at Police Station 3, Sangali, Zamboanga City as an Investigator.

Q-2: Prior to your assignment at Police Station 3, where were you assigned?
A-2: I was also assigned at Police Station 5, Divisoria, this city from July 2014 until my
assignment to Station 3, Sangali on November 2014.
Q-3: Do you recall having acted on any incident sometime on August 26, 2014 while assigned
at Police Station 5, Divisoria, this city?

A3: Yes Sir. I conducted an investigation on a reported incident somewhere at Integrated Bus
Terminal particularly at the entrance of the terminal, which involves four persons, the driver and
the three passengers of a tricycle.
Q-4: What action/s, if any did you take in the conduct of your investigation?
A4: I received the referral for investigation under IRF No. 5973 abovementioned and together
with a fellow police as driver, proceeded to verify the incident.

Q-5: What, if any did you noticed thereat?

A-5: I noted that there were two vehicles- a Honda XR motorcycle bearing Plate No. MQ-
8908 and an XRM motorcycle bearing Plate No. 3754-JG both toppled down on the road. The
former was on the lane going towards the direction of MCLL highway to Divisoria while the
latter was few meters from said Honda XR on the opposite lane going to Lumbangan, this city.
The driver of the Honda XR was seen with a visible injury on the foot while the other driver of
the XRM was lying in prone position, apparently in critical condition as can be seen by the blood
oozing from his head. Thereafter, both drivers were taken to the hospital in an ambulance. I
made a rough sketch and took some photographs at the scene of the incident and interviewed
some witnesses on how it happened. Afterwards, we took the vehicles to our station.

Q-6: What else, if any did you do?

A-6: I followed up the parties at the Zamboanga Peninsula Hospital but I came to know that
Mr. Prudencio l. Gomez Jr. died while undergoing medical attention, while the other driver Sgt.
Enriquez was transferred to Camp Navarro Hospital considering that he is a military personnel.
Thus, I continued my investigation by securing the testimonies of witnesses and the wife
complainant, prepared their affidavits, collected other documents like death Certificates, receipts,
etc. to support the filing of a complaint. Then I prepared my Investigation Report and forwarded
the same, together with all the evidence gathered to the Prosecutor’s Office in a forwarding
report for the filing of appropriate criminal case against the accused Sgt. Enriquez in this case.

Q-7: What made you file a criminal complaint against Sgt. Enriquez?
A-7: Based on my investigation, it appears that subject person, while driving the Honda XR
motorcycle negotiated a curve at was at a high speed that he encroached upon the lane of travel
of the other vehicle driven by Mr. Prudencio L. Gomez Jr. on the opposite lane, thus causing a
collision with the XRM motorcycle the latter was driving. I indicated this finding on the rough
sketch I prepared and also on the pictures that I have taken. There are also drag marks there.

Q-8: I am showing to you Exhibit “E” here which is the rough sketch. Could you please point
out where you indicated this finding?
A-8: Here Sir, which I indicated as the point of contact. As shown, the point of contact is on
the lane of travel of Mr. Prudencio L. Gomez Jr. which means that there is an encroachment by
the other vehicle being driven by Sgt. Enriquez. The drag marks shows that the vehicle of Sgt.
Enriquez was dragged after impact, indicative that it was travelling at a considerable speed as it
failed to stop upon impact.

Q-9: You mentioned that you took pictures. I am showing to you some pictures here Mr.
witness marked as Exhibits “R” to “R-9”, could you please point out where you indicated this
finding?
A-9: Here sir, in these pictures. I encircled the area where there were debris of the XRM
motorcycle which shows that it is the point of contact or collision. These are the drag marks.

= page 3-

Q-10: In these records, you mentioned one Sgt. Enriquez as the person involved in this incident.
If you will see this person again, can you identify him?
A-10: Yes sir, I can identify him personally.

Q-11: Please look inside the court room and point to him if he is here present today.
MANIFESTATION: May we ask you honor that the witness be allowed to stand up and point to
one Asani Sali y Saylama if he is inside the Court.

Q-12: Relative to this incident, were you able to determine if any of the drivers involved then
were duly licensed to drive a vehicle?

A-12: Yes sir, in fact I got their driver’s license and included them in forwarding the case.

Q-13: If you will see these licenses again, can you identify it?
A-13: Yes, Sir. I can identify the object itself.

Q-14: Showing to you Exhibits “T” and “T-1”, are these objects related in any way to the
driver’s license you mentioned?
A-14: These are the same driver’s license of the parties involved sir. They are both duly
licensed drivers.

Q-15: Do you have anything more to add to your statements?

A-15: No more Sir.

IN WITNESS HEREOF, I have hereunder set my signature this 24 th day of February

2015 in the City of Zamboanga, Philippines.

PO2 JOVA RIVERA AGUSTIN

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this 24 th day of February 2015 at

Zamboanga City, Philippines.

EDWINLINO B. CUSTODIO
Associate City Prosecutor
MCLE No. IV-0013996 (3-14-13)

SWORN ATTESTATION

I, Associate City Prosecutor Edwinlino B. Custodio, hereby attest that I have faithfully recorded or caused
to be recorded the questions that I asked and the corresponding answers that the witness gave; and that neither he or
any other person then present or assisting him coached the witness regarding the latter’s answers.

EDWINLINO B. CUSTODIO
Associate City Prosecutor
MCLE No. IV-0013996 (3-14-13)

SUBSCRIBED AND SWORN TO BEFORE ME this 24th day of February 2015 at

Zamboanga City, Philippines.

________________________