REPUBLIC OF THE PHILIPPINES

REGIONAL TTRIAL COURT

SEVENTH JUDICIAL REGION
BRANCH 6, CEBU CITY

PEOPLE OF THE PHILIPPINES

PLAINTIFF,
CRIMINAL CASE NO. 12345
-VERSUS- FOR: ILLEGAL POSSESSION OF
FIREARMS, OR VIOLATION OF
SECTION 28 PARAGRAPH (e)
SUBPARAGRAPH (1) OF RA
10591
JULIUS IBABAW
ACCUSED

JOINT JUDICIAL AFFIDAVIT OF

SPO1 ERWIN FERRER AND PO1 CHRISTOPHER CUIZON
(Taken on June 9, 2019 by Prosecutor Erlinda Parba at the City Prosecutor’s Office
Osmeña Boulevard, Cebu City)

The Prosecution moves to offer in evidence the testimonies of SPO1 Erwin Ferrer and
PO1 Christopher Cuizon through this Joint Judicial Affidavit to prove that:

1. The Philippine National Police (PNP) Station 1 at Parian, Cebu City, upon official
custody of intensified police operation against all forms of illegal activities within their area of
jurisdiction, had encountered at Citi Center, Barangay Kamagayan, Cebu City, a certain Julius
Ibabaw who was seen to have a handgun obviously visible tucked in his waistline;

2. Upon seeing him, PO1 Christopher Cuizon immediately rushed to this position
and announced that he is a police officer and ask him if he has a license for his gun and a
PTCFOR but he failed to present one. Po1Cuizon placed him under arrest for violation of
Section 28 paragraph € subparagraph (1) of Republic Act 10591 and he was also informed of
his rights;

3. That such proper procedure and protocols for warrantless arrest and frisking
were properly observed by the arresting officers who likewise conducted the investigation;

4. The arresting officers will also identify certain documents and pieces of evidence
and other facts in relation to the apprehension that was conducted by said police officers.

Atty. Erlinda Parba to the witnesses:

Q1: Kindly state your name and other personal circumstances.

A: We, SPO1 Erwin Ferrer, 35 years old, married, Filipino and a resident of
Barangay Apas, Cebu City; and PO1 Christopher Cuizon, 25 years old, single,
Filipino and a resident of Barangay Centro, Mandaue City, Cebu.
Q2: You are reminded that your answers to the questions in this Joint Judicial
Affidavit are being made under oath and that you may face criminal liability for
perjury or false testimony with respect to statements that you shall make here.
Are you willing to proceed?

A: Yes, Maam. We are fully aware and willing to proceed with our testimony.

Q3: Can you state your current position and other relevant circumstances?

A: I, SPO1 Erwin Ferrer, have been assigned at PNP, Station 1, Parian, Cebu City. I
am currently the Team Leader of the Special Investigation Group of the PNP
Station 1 at Parian. I have been in the service with PNP for ten (10) years; While
I, PO1 Christopher Cuizon, have also been assigned in the same Police Station
and a member of the Special Investigation Group led by SPO1 Ferrer I have
been in the service for five (5) years.

Q4: Who is this JULIUS IBABAW who is accused of violation of Section 28 paragraph
(e) subparagraph (1) of Republic Act 10591 or Illegal Possession of Firearms?

A: He was the man we arrested last June 6, 2019 at Citi Center, Barangay
Kamagayan, Cebu City for carrying a Pistol Caliber .380 (STAR) without a license
as we were conducting an intensified police operation in our area of jurisdiction.

(Pistol Caliber .380 (STAR) bearing Serial Number S 976317 previously

marked as Exhibit “A”)

Q5: Can you tell us the circumstances of the arrest of the accused?

A: We were conducting a simultaneous intensified police operation against all forms

of illegal activities within our area of responsibility at around 1:00AM on June 6,
2019. While we were at Citi Center, Barangay Kamagayan, walking at the interior
portion of the area, we saw a man about to exit a shanty with a handgun
obviously and visibly seen tucked in his waistline, in plain view of the public. We
wasted no time and rushed to his position, specifically PO1 Cuizon who was in a
strategic position to subdue the man in case he put our lives in danger.

Q6: What happened next?

A: The man was caught by surprise and said in the vernacular: “Pasaylua lang ko
Sir.”

Q7: What transpired next?

A: We immediately apprehended the accused while reciting to him the Miranda

Rights and brought him to the Police Station 1 of Cebu City Police Office for
questioning.

Q8: What transpired during the questioning at the Police Station?

 A: We found out that the arrested man was identified as JULIUS IBABAW, 23, years
old, single, and a resident of Barangay. Kamagayan, Cebu City. Hence, we
prepared the necessary complaint affidavit for the proper filing of the case against
him.
(Complaint-Affidavit of Arresting Officers previously marked as Exhibit “A”)
Q9: What did you do with the Complaint Affidavit?

A: We submitted it to the Cebu City Prosecutor’s Office.

Q10: Kindly go over and read all the questions and answers in this Joint Judicial
Affidavit and let me know if you have corrections to be made.

A: (Witnesses retrieving the Judicial Affidavit) We have read the contents of this
Judicial Affidavit and we have determined based on our personal knowledge that
the contents are truthful and correct.

Q11: Do you affirm under oath the truth of everything that is contained in this Judicial
Affidavit?

A: Yes, Maam.

IN WITNESS WHEREOF, We, hereunto, affixed our signature this 9th day of June 2019
at Cebu City, Philippines.

SPO1 ERWIN FERRER PO1 CHRISTOPHER CUIZON

Affiant Affiant