REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION

Regional Trial Court
Baguio City
Branch 3

PEOPLE OF THE PHILIPPINES, Criminal Case No.: 22801

Plaintiff,
For: VIOL. SEC. 5, ART. II,
RA 9165 (Sale of Drugs)
- versus -

ALLAN WILHEM DMATCHO

Accused.

x --------------------------------------------------- x

JUDICIAL AFFIDAVIT
(P/INSP BRET D. RIVERA)

I, BRET D. RIVERA, 45 years old, born on Baguio City,

married, employed as a member of the Philippine National
Police (PNP) and currently assigned at PNP Crime Laboratory,
Baguio City, after having been duly sworn to in accordance
with law, hereby depose and state:

PREFATORY STATEMENT

That in accordance with A.M. No. 12-8-8-SC, which

prescribes the use of judicial affidavits to serve as the direct
examination testimony of the witness, on the basis of which
the adverse party may conduct their cross-examination on
such a witness, I hereby execute this judicial affidavit in a
question and answer format;

That conformably with section 3 (b) of the said A.M.

No. 12-8-8-SC, I also state that it was Prosecutor Stephanie
Mae B. Domingo, investigator of and a member of the City
Prosecutor’s Office who conducted the examination;

That conformably also with section 3 (c) thereof, I

hereby state under the pain of perjury that in answering the
questions asked of me, as appearing herein below, I am fully
conscious that I did so under oath, and that I may face
criminal liabilities for false testimony or perjury;

PURPOSE

Prosecution moves to offer in evidence the testimony of

P/INSP BRET D. RIVERA, through this Judicial Affidavit, for
the following purposes to prove that:

1. That he is the Chief of the Chemistry Division at

Baguio City PNP Crime Laboratory.
2. That he was requested by P/INSP CARDO DALISAY to
conduct qualitative and quantitative examination on
the seized illegal drugs.
3. That after conducting chemical examination, he
confirmed that the heat-sealed crystalline substance
submitted to him is methamphetamine hydrochloride
or shabu.
4. That he made a report stating the result of his
examination.
5. That he will also identify certain documents and pieces
of evidence and other facts in relation to the
examination he conducted.

Question 1: What language would you want to use for

this examination?
Answer 1: English, Ma’am.

Q2: Are you aware that you are under oath and may
be criminally charged for false testimony or perjury if
you lie?
A2: Yes, Ma’am.

Q3: Why are you here in our office today?

A3: I want to give my testimony regarding the
examination that I conducted on an alleged heat-sealed
bag containing methamphetamine hydrochloride or
shabu.

Q4: Please state your name and personal

circumstances.
A4: I am P/INSP BRET D. RIVERA, 45 years old, a
resident of No. 5 Trancoville, Baguio City and I am a
police officer presently assigned at the PNP Crime
Laboratory at Baguio City.

Q5: How long have you been a police officer?

A5: I have been a police officer for almost twelve (16)
years now.

Q6: What was your designation at the Crime

Laboratory Office?
A6: I am designated as the Chief of the Chemistry
Division of the Crime Laboratory Office.

Q7: You mentioned earlier that you examined the

alleged illegal drugs, who requested the examination
of the said illegal drugs?
A7: P/INSP CARDO F. DALISAY requested the
examination of the illegal drugs that they seized during a
buy-bust operation.

Q8: Who turned over the alleged seized illegal drugs

to you?
A8: It was P/INSP CARDO F. DALISAY who also turned
over the seized illegal drugs to me.

Q9: Do you have any evidence to prove that you

received the seized illegal drugs?
A9: Yes Ma’am. Before the seized illegal drugs were
turned over to me, I signed a Chain of Custody Form.

Q10: P/INSP RIVERA, I am showing to you a

document entitled Chain of Custody Form previously
marked as Exhibit “D”. Can you please examine
whether this was the same document that you signed
to prove the receipt of the seized illegal drugs?
A10: Yes Ma’am. This was the document that I signed to
prove that I received the seized illegal drugs.

Q11: You also mentioned earlier, that there was a

request for you to examine the alleged illegal drugs.
Do you have any evidence to prove that a request for
the examination of the illegal drugs was actually
made?
A11: Yes Ma’am. I received a document from P/INSP
CARDO DALISAY, requesting me to examine the alleged
illegal drugs.
Q12: P/INSP RIVERA, I am showing to you a
document entitled Request for Laboratory/Chemical
Analysis. Can you please examine whether this was
the same document that you received?
A12: Yes Ma’am. This was the document that I received
from P/INSP DALISAY.

Q13: P/INSP RIVERA, I am marking this document as

Annex “F”. Do you have any objections?
A13: None Ma’am.

(Request for Laboratory/Chemical Analysis marked

as Annex “F”)

Q14: After receiving the request and the alleged

illegal drugs, what did you do?
A14: I immediately conducted my examination on the
seized illegal drugs.

Q15: What was the result of your examination?

A15: After my examination of the evidence turned over to
me, I confirmed that the heat-sealed bag contained
methamphetamine hydrochloride or shabu.

Q16: Do you have a report that will reflect the result

of your examination?
A16: Yes Ma’am. I made a report containing the result of
my examination.

Q17: P/INSP RIVERA, I am showing to you a

document entitled Chemical Analysis Report. Can
you please confirm whether this document was the
report that you made for the alleged illegal drugs
turned over to you.
A17: Yes Ma’am. This is the report that I prepared
containing the result of my examination.
Q18: P/INSP RIVERA, I am marking this document as
Annex “G”. Do you have any objections?
A18: None Ma’am.

(Chemical Analysis Report marked as Annex “G”)

Q19: I have no more questions to ask, do you wish to
add or change any of your answers?
 A19: None ma’am, and no more.

Q20: Are you willing to execute this document under

oath?
A20: Yes ma’am.

---------END OF STATEMENT----------

IN WITNESS WHEREOF, I hereunto set my hand below

this 29th day of November 2018 in Baguio City, Philippines.

P/INSP BRET D. RIVERA

Affiant

SUBSCRIBED and SWORN TO before me this 29th

day of November 2018 at Baguio City, Philippines after
affiant personally appeared and showed his valid
identification card containing his photograph and
signature and bearing no. 56841 issued by the
Professional Regulation Commission (PRC) valid until
October 14, 2020 as competent proof of his identity.

STEPHANIE MAE B. DOMINGO

City Prosecutor

LAWYER’S ATTESTATION

I, STEPHANIE MAE B. DOMINGO, of legal age, married,

with office address at the City Prosecutor’s Office-Baguio
Branch, Bulwagan ng Katarungan, Baguio City under oath,
hereby state that:

1. I am the counsel who conducted the examination of

P/INSP BRET D. RIVERA at the City Prosecutor’s
Office-Baguio Branch, Bulwagan ng Katarungan,
Baguio City;
2. I have faithfully recorded the questions I asked and
the corresponding answers of the Petitioner;
3. Neither I nor any other persons coached the Petitioner
of her answers.
 4. I am executing this attestation pursuant to Section 4
of the Judicial Affidavit Rule (A.M. No. 12-8-8-SC).

STEPHANIE MAE B. DOMINGO

Affiant

SUBSCRIBED AND SWORN TO before me this 29 th day of

November 2018 in Baguio City, Philippines. Affiant exhibiting
to me her IBP ID bearing her roll number as 8923 with her
photograph and signature as proof of identity.

ATTY. DEVANIE D. DUMAGCAO

Notary Public for Baguio City
Page 8 Until December 31, 2020
Doc. 38 2 Floor, Laperal, Session Road,
nd

Baguio City
Book 1
PTR No. 564589/Baguio City/1-9-17
Series of 2018 Roll of Atty. No. 12297
IBP O.R. No. 784512 Baguio Benguet
MCLE No. III-852963, 07-20-2018

Copy furnished:

ATTY. JENNAFER TIU

Counsel for the Accused
Baguio City

ATTY. CHRISTSON DAVE LEO

Counsel for the Accused
Baguio City

ATTY. ANGEL LYCA LUMILAN

Counsel for the Accused
Baguio City