Escolar Documentos
Profissional Documentos
Cultura Documentos
C I T Y OF D AVAO )
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AFFIDAVIT OF WITNESS
1. That I am the same and identical person who cause the execution
of this instrument against suspect whose personal circumstances is stated
below;
2. That in the dawn of April 29, 2017 at around 3:30 AM, while at
our residence resting together with my parents, we were awakened by a
successive gun burst not far from our residence;
3. That we went out from our house to purposely check where the
successive gun burst came from and it seems that the gun burst came from
Lorenzo compound which is more or less ____ meters away from our
residence and I and my family were worried because my older brother Rico is
a Security Guard at Lorenzo Farm;
4. That we waited an hour until the gun burst subside. That at around
5:00 AM of the same date, I together with my father decided to proceed at
Lorenzo compound to check my brother, RICO TRUZ BADIL JR, who was
rendering duty as a security guard thereat;
8. That while driving the first two (2) person I heard them talked
that one member of their group was left behind in Lorenzo Farm and believed
to be dead;
9. That after bringing the two (2) person to the hanging bridge, I
returned to the others and brought another 2 armed men and did the same
many times;
10. That after transporting I came back to my father who I left while
I was transporting the armed group thereafter we proceeded to Lorenzo Farm
wherein I saw burned outpost and I learned that my brother who was a
Security Guard was wounded in the attack but will survive his wounds;
11. That on the next day, April 30, 2017 at around 2:50 PM, while I
was riding the same motorcycle from our residence going to Calinan Poblacion,
upon reaching the chapel near Lorenzo Compound, I saw a male person and
I recognized him as the same person who requested me, yesterday (April29,
2017at around 5:00 AM) to be conveyed to the hanging bridge going to Brgy.
Dalagdag, Calinan Davao City and who was talking that one of their comrades
was left behind and believed to be dead and was wearing the same clothes
except there was no longer a long firearm and pouches for ammunition;
12. That upon seeing the said male person, I immediately went back
to Lorenzo compound and sought the assistance of the AFP personnel’s
temporarily detailed in our barangay;
13. That I narrated to Cpl Jeonaldo Degeno and Cpl Jomer Entatano
about the incident and we immediately proceeded to where I saw the male
person;
14. That upon arrival thereat, I positively pinpointed the male person
whom I saw and recognized, to the responding AFP personnel’s and they place
the male person under arrest and they recovered a hand grenade in the
possession of the said person;
2. That on April 30, 2017 at around 03:00 PM, while we were rendering
our official duties particularly at Lorenzo compound situated at Sitio Lorenzo Brgy
Pangyan, Calinan Davao City gathering additional information’s regarding the
recent attacks perpetrated by members of the lawless armed groups;
AFFIDAVIT -TURN-OVER
2. That in the evening of April 30, 2017 at around 5:15 PM, AFP
personnel’s from 3rd Infantry Battalion namely Cpl Jeonaldo Degeno and Cpl
Jomer Entatano arrived to our station together with one ANDREW TRUZ
BADIL, male, single, 28 years old, maintenance employee of Lorenzo Farm
and a resident of Purok 3, Sitio Lumugon, Barangay Pangyan, Calinan District,
Davao City and endorsed the person of one ROGER GANAT SANICO alias
“Dodong”, male, single, 28 years old and a resident of Barangay Magading,
Nabunturan, Compostela Valley Province. Likewise, they also turn-over to me
a one (1) piece of hand grenade that was allegedly recovered from the
suspects possession and control;
6. That on the next day, April 30, 2017 at around 2:50 PM, while
ANDREW TRUZ BADIL was riding the same motorcycle from their residence
going to Calinan Poblacion, upon reaching the chapel near Lorenzo Compound,
he saw a male person whom he positively recognized as the same person who
requested him together with his armed companions, on April 29, 2017 at
around 5:00 AM to be conveyed to the hanging bridge going to Brgy.
Dalagdag, Calinan Davao City;
2. That on April 29, 2017 at around 03:20 AM, while we were in our
post situated at the back of the house of Mr Lorenzo, owner of
Lorenzo farm, when suddenly we heard volume of fire of high caliber
of firearms from the guard house post number 2 beside our billeting
area while another volume of fire coming from the guard house post
number 1, situated at the main entrance of the of Lorenzo farm;
3. That we when we verify what was going on, we learned that the farm
was under attacked by the lawless armed group, thus, we positioned
ourselves and helped the security guard defending the compound;
4. Heavy exchange of gunfire from the enemy side as well as from our
group lasted for more than an hour;
5. In our assessment, there were more or less Thirty (30) heavily armed
men who were able to enter inside the compound while the other
group of armed men positioned themselves outside the perimeter
fence serves as blocking force wherein exchanged of gun fires ensued
with a distance or more or less 5 meters leaving one of their
member’s dead on the spot who was later identified as Nino
Cabaluna, while others were wounded;
7. After they torched the garage and the vehicles therein knowing that
they have several casualties, and the security guards were in
advantage position, the attackers withdrew from the area bringing
with them their wounded companions going to the grassy portion.
8. That when the enemy have finally withdrawn from the area, we saw
one dead body of a male person sprawled near the guard house post
number 2 with M16 riffle loaded with one short magazine of the said
caliber and three (3) link with 226 rounds of caliber 60 ammunitions
slung around his body;
10. After the incident, together with my troops who responded to the
encounter site we conducted clearing and hot pursuit operation
wherein, we received reports from the nearby Barangay that they
saw one dead body at Brgy Lamanan, Calinan, District, Davao City of
which the said body was already conveyed to Angel Funeral Homes ,
Calinan, Davao City;
11. Upon receipt of the information we proceeded thereto and saw the
said dead person and upon verification the said cadaver have gunshot
wounds on the different parts of his body and we positively identified
him as one of the wounded person who was carried by his companion
upon withdrawal from Lorenzo Farm during the encounter;
14. After several hours of our hot pursuit operation we received report
that a wounded person was brought to Robillo General Hospital;
15. That we proceeded thereat and upon arrival together with the local
police we learned from the attendant of the said hospital that the said
wounded person was brought by the disaster multicab of Brgy
Dominga which upon arrival said person have already been given first
aid due to the bandages of his wound. Further, according to the
hospital attendant the persons who brought the wounded person
thereto told them that he is suffering from LBM, but to their surprised
same has several gunshot wounds;
17. That the person who dragged the wounded Encargues and whom
we heard shouting commands to the other armed attackers was very
familiar to us and known as Kumander Banakon whose real name is
Leonario Gonzales who is responsible in a series of crimes harassing
civilian companies in Calinan and Baguio District area of Davao City;
18. That we have informed the owner of Lorenzo Farm. Mr. Raphael
M. Lorenzo and Calinan Police Station personnel of the
aforementioned circumstances
That we are executing this joint affidavit to attest to the truth of the
foregoing facts and to apprise the authorities concerned of our desire to file
appropriate charges against the suspect and his companion;
IN TRUTH WHEREOF, we hereunto affix our signature this ____th day
of May 2017, at Davao City, Philippines.