Republic of the Philippines

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE
SOUTH COTABATO POLICE PROVINCIAL OFFICE
Koronadal City, South Cotabato

MEMORANDUM

FOR : Provincial Director

FROM : Chief, IDMB

SUBJECT : Action Taken re Alleged Illegal Discharge of Firearm

Resulting to Physical Injury

DATE : September 27, 2019

I. REFERENCES:

1. Investigation Report from Tupi MPS dated September 21, 2019 with
the subject same as above; and

2. Standard Operating Procedure

II. FACTS OF THE CASE:

3. At about 3:00 o’clock in the early morning of September 11, 2019, a

telephone call was received by Tupi MPS from personnel of Roel I. Senador Memorial
Hospital informing said station that there was a victim of shooting incident which was
brought thereat. Immediately patrol team with investigator responded to the said
report.

4. The victim was identified as Teresita Davila, 69 years old, widow and
a resident of Purok 1, Brgy. Poblacion, Tupi, South Cotabato who sustained gunshot
wound on the right side of her hip. Initial investigation conducted by Tupi MPS revealed
that the incident transpired at about 2:30 o’clock in the morning of the same date at
the residence of the victim at Purok 1, Barangay Poblacion, Tupi, South where the
suspects identified as Van Rico Morcelina y Guileran, 27 years old, single, laborer and
Gerold Vegafria, alias “Ren Ren”,25 years old, single, laborer both residents of the
above-mentioned place were having a heated argument inside their house where latter
got hold of a handgun and attempted to shoot the former who managed to parry the
gun which resulted to a scuffle for the possession of the weapon causing it to
accidentally fire, hitting their grandmother Teresita Davila who was inside her
bedroom.

5. Morcelina who was at the hospital was held for questioning while
Vegafria was no longer at the scene of incident upon arrival of the responding team.
Pat Abdul Kamar Huesca y Ali who was at the scene turned-over to the Investigator-
on-Case a 9mm caliber NP 22 Cal pistol with serial number A16018084 loaded with
one (1) magazine containing with four (4) live ammunitions and one (1) fired cartridge
on its chamber. The said firearm was allegedly used by the suspect in the commission
of the crime. Subject firearm was later turned-over to South Cotabato Provincial Crime
Laboratory Office for ballistic examination and proper disposition.

6. Patrolman Abdul Kamar Ali Huesca, 28 years old, single and a

resident Purok La Trinidad, Brgy. Zone 1, Koronadal City is a bonafide member of the
Philippine National Police assigned at 1st South Cotabato Provincial Mobile Force
Company (SCPMFC). He was one of the security personnel augmented to Tupi MPS
to provide security in connection with the 68th Founding Anniversary Celebration of the
Municipality of Tupi from September 5-11, 2019. They were billeted at the DSWD
Office inside the municipal compound during the duration of their detail particularly in
a Police Assistance Desk (PAD) with duty hours from 3:00 PM to 12:00 O’clock
midnight.

7. In his judicial affidavit, Pat Huesca averred that he is filing a complaint

against Jayrold Vegafria for taking his personal firearm, a 9mm caliber NP22 pistol
bearing serial number A16018084 without his consent. He further stated that while
rendering his duty at the PAD in the evening of September 10, 2019, he met his friend
(Vegafria) who, after their conversation, offered their place to stay overnight after
knowing that their billeting area was allegedly jam-packed.

8. In the same affidavit, Pat Huesca averred that after his tour of duty,
he along with his companion Pat Eric Redulfin, together with Vegafria went to latter’s
house at Purok 1, Brgy. Poblacion, Tupi, South Cotabato. When they arrived thereat,
Vegafria asked permission to his aunt that they will stay at the house overnight. When
they allowed to stay, they drink Two (2) bottles of beer and decided to take a rest. Pat
Huesca asked Vegafria to keep his bag containing his pistol inside the room of his
aunt after which, he, together with Pat Redulfin slept in the adjacent vacant and
abandoned house.

9. Moreover, Pat Huesca averred in the same affidavit that they were
already asleep when they were awakened by a gun burst coming from the house. He
immediately, went to the house to verify and saw Vegafria having a heated argument
with his brother (Morcelina). He also saw the aunt of Vegafria crying while holding a
gun which she then gave it to Pat Huesca while telling him that her mother was hit
because her nephews scuffled for the possession of the gun. He then saw the
grandmother bloodied on the right side of her hips. He immediately instructed them to
bring her to the hospital. Morcelina and his aunt helped each other to bring the
wounded to the national highway to look for a vehicle. Pat Huesca followed them to
the national highway to assist them but they have already left. He went back to the
house, however Vegafria has already left the place and nowhere to be found.
Subsequently, responding team from Tupi MPS arrived and conducted investigation
where Pat Huesca turned-over the said firearm.

10. At about 2:55 in the morning of September 11, 2019, Pat Huesca
reported to Tupi MPS and requested to put on the record that his firearm, a 9mm
caliber pistol was taken by Jayrold Vegafria without his consent. Accordingly, subject
firearm was given to him (Pat Huesca) by his brother who is a military man and the
documents to own and possess the same is still on process.
 III. DISCUSSION/S:

11. Pat Huesca surrendered the firearm allegedly used in the

commission of the crime to the responding team of Tupi PNP. He also admitted that
the ownership of the said firearm, as in fact he filed a complaint for THEFT against the
culprit Jayrold Vegafria y Millones alias “Ren-ren” before the Provincial Prosecutor’s
Office, Hall of Justice, Koronadal City docketed under NPS No. XII-08A-INV-19I00411
duly subscribed by Hon. Anthony A Barluado, Assistant Prosecutor III, Deputy
Provincial Prosecutor dated September 12, 2019.

12. Pat Huesca further alleged that the pertinent documents to own and
possess and the same is still on process.

13. It bears stressing that Pat Huesca admitted in claiming ownership of

the firearm, as stated in his affidavit, however, cannot be used to support the filing of
a case of illegal possession of firearm against him without violating the rule against
self-incrimination. The same is inadmissible as evidence against him.

14. Considering that Pat Huesca was augmented as additional security

personnel in Tupi MPS in connection with the founding anniversary of Tupi Municipality
and under the operational control of said station at the time of the incident and the fact
that he turned-over the said firearm to the Investigator-on-Case as the instrument used
in the commission of the crime does not prove that he owned and possess the firearm.

15. Clearly, Pat Huesca acted in good faith when he turned-over the
said firearm.

IV. RECOMMENDATION:

16. Recommend that Patrolman Abdul Kamar Ali Huesca be

admonished/reprimanded.

NATHANIEL P PANAGUITON
Police Major

APPROVED/DISAPPROVED:

JOEL B LIMSON
Police Colonel