Republic of the Philippines

REGIONAL TRIAL COURT

7th JUDICIAL REGION
Branch_, Cebu City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

CRIM. CASE NO. 12345

-versus- FOR: Violation of Sec. 5
of RA 9165

JORDANE YUTEEKIONG,

Accused.

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

JUDICIAL AFFIDAVIT OF SPO1 BUTCH BITO

I. PRELIMINARY INFORMATION.

A. NAME AND OTHER PERSONAL CIRCUMSTANCES OF

THE WITNESS.

Name: SPO1 Butch Bito

Age: 35 years old

Address: Brgy. Guadalupe, Cebu City

Occupation: Police Officer

Language: English, Filipino and Bisaya

B. LAWYER WHO CONDUCTED THE EXAMINATION OF

THE WITNESS.

Name: Atty. Jan Binuya

Address: Office of the City Prosecutor

Chief Fernan Hall of Justice, Capitol Compound Rd., Cebu

City
 Place of Examination: Office of the City Prosecutor

Chief Fernan Hall of Justice, Capitol Compound Rd., Cebu

City

II. OFFER.

The witness will testify on the arrest of the accused Jordane

Yuteekiong for possession and trade of illegal drugs. The testimony
of SPO1 Butch Bito is being offered to prove the following:

1. That he is a member of the PNP by profession;

2. That he is presently assigned at Special Investigation and

Detective Management Division, PRO7, Lahug, Cebu City

3. That he is a member of the team who conducted the buy-

bust operation, acting as the poseur buyer, which resulted to the
arrest of the accused;

4. And to prove other relevant matters.

III. JUDICIAL AFFIDAVIT PROPER.

I, SPO1 Butch Bito, 35 years old, single, Filipino, and residing

at Brgy. Guadalupe, Cebu City, under oath, depose:

1. Q- Please state your name, age, residence, and occupation.

A- I am SPO1 Butch Bito, 35 years old, single, Filipino, and

residing at Brgy. Guadalupe, Cebu City, and a Police Officer.

2. Q- Why are you here?

A- To give a sworn statement by way of Judicial Affidavit.

3. Q- In which language do you prefer your affidavit to be made?

A- In English.
4. Q- What is the purpose of your affidavit?

A- For the filing of a criminal case for violation of RA 9165

against Jordane Yuteekiong.

5. Q- Are you aware that you are only to tell the truth and false
testimony will make you criminally liable for perjury?

A- Yes, I am aware.

6. Q- What is your profession?

A- I am a member of the PNP.

7. Q- What is your rank as a member of the PNP?

A- SPO1, Sir.

8. Q- How long have you been in the service as a police officer?

A- I have been in the service for almost 10 years.

9. Q- Where are you assigned, Mr. Witness?

A- At the Special Investigation and Detective Management

Division, of PRO7 in Lahug, Cebu City.

10. Q- When did this buy-bust operation?

A- It was conducted last January 19, 2020 at about 10:30 in the

evening.

11. Q- Where was it conducted?

A - At the Club Sandy Pebbles in Mabolo, Cebu City.

12. Q- What did you do during the said buy-bust operation?

A- I was tasked to be a poseur-buyer; a high-profile client at the

club.

12. Q- Were there any other persons who acted as poseur-buyer?

A- None. It was only me.

13. Q- Who composed the buy-bust operation team?

A- Myself, as the poseur buyer, PSI Alcaraz as the team leader,

PO1 Lambert Cuizon and PO2 James Reid, as the arresting officer,
and, PO1 Daniel Padilla and SPO3 Ricardo Dalisay as backups.

14. Q- Were there other personalities involved during the buy-bust

operation?

A- Yes, there were representatives from the Media and a

barangay Kagawad of Mabolo.

15. Q- Did you know who your specific target was?

A- Yes, the owner of the club, Jordane Yuteekiong.

16. Q- Can you tell me a brief summary of the specific plan?

A- As discussed by our Team Leader PCI Alcaraz, before

proceeding to the night club there will be a backup team to be
dispatched around the vicinity to secure the area. I will act as a high
profile client of the night club, and I will be wired, which will be
monitored by the team. I will enter the nightclub alone, and will be
entertained by the private complainant, Clar Radoc, working there as
a GRO. Then, she will introduce me to Jordane Yuteekiong from
whom I will buy the ecstacy, using the marked money. Once the sale
is consummated, I will utter the pre-arranged signal words, and then
the team will proceed with the arrest of the seller.
17. Q- What was the designated signal word?

A- “pleasure doing business with you”

18. Q- Now, what time did you leave the jump-off point?

A- At about 09:30 in the evening.

19. Q- Did you go directly to the target location?

A- No, we stopped first, somewhere near the target location.

20. Q- Why did you stop at that location?

A- To deploy area security.

21. Q- On your way to the target location, who was with you?

A- No one.

22. Q- And what time did you arrive at the target location of the
buy-bust operation?

A- At around 10 o’clock in the evening.

23. Q- What happened when you arrived at the night club?

A- A GRO named Clar, approached and entertained me.

24 Q- How did the GRO entertain you?

A- She said that I should try and proceed to the VIP rooms
because they have something new to offer. She also assisted me in
going to VIP room.

25. Q- What happened inside the VIP room?

 A- I asked her about their newest offer and she told me that
they sell ecstasy which can be used inside the room.

26. Q- And what was your response?

A- I gave a surprised and eager reaction, then I asked her if

they sell ecstasy in bulk because I often use it.

27. Q-. What did she do when you said that?

A- She looked reluctant because she is not sure if they sell in

bulk, so she went out of the room to ask her manager about it.

28. Q- Did she or any person return inside the room?

A- Yes, she returned together with another person she

introduced to me as the owner.

29. Q- What is the relationship of this person introduced to you

with the accused in this case?

A- They are the same person.

30. Q- What took place between you and the owner?

A- There was a brief negotiation. I asked if he has the quantity

of the ecstacy I am looking for because I have the cash with me.

31. Q- Were you able to get the ecstasy you ordered?

A- Yes, but not right away. He called the attention of someone

to get my “order”. Then that someone came back with a plastic
ziplock bag filled with blue squared-shaped pills.

32. Q- What happened next?

 A- He handed me that plastic ziplock bag filled with blue
square-shaped pills. Upon confirming that the content of the ziplock
is indeed ecstacy I then handed him the marked money.

33. Q- What did you do after the deal was consummated?

A- I said the signal word, “pleasure doing business with you.”

34. Q- What happened when you said the signal word?

A- He said, ‘likewise’. Few moments later, the rest of the team

entered the night club and declared that it was an entrapment.

35. Q- What happened thereafter, if any?

A- PO1 Lambert Cuizon immediately held and frisked the

owner and conducted body search, recovered from his direct control
and possession the marked money, one (1) unit of iPhone X cellular
phone and the confiscation of a black wallet recovered containing
money in different denominations amounting to Five Thousand
Pesos (P5, 000.00).

36. Q- What about you, what did you do?

A- I was holding the plastic ziplock bag which I then handed to

PO1 Cuizon.

37. Q- What happened after, if any?

A- The owner was informed of his violation in selling drugs

and thereafter, PO1 Cuizon appraised him of his Constitutional
rights but he opted to remain silent.

38. Q- Is that all that took place after the arrest?

A- The team together with the arrested suspect immediately

proceeded to Mabolo Police Station for the conduct of marking,
inventory, and documentation of confiscated pieces of evidence. The
arrested person was later identified as JORDANE MICHAEL
YUTEEKIONG, __ years old, single, owner of Club Sandy Pebbles,
and a resident of 123 Narra St. Mabolo, Cebu City.

39. Q- Who was there during the inventory?

A- The inventory and marking of the items seized from Jordane

Yuteekiong was made by PO1 Lambert Cuizon in the presence of
Hannah Mae Blanco of Brigada News and Brgy. Kagawad Rael
Koizora.

40. Q- And then?

A- After PO1 Cuizon finished his inventory and marking, the

seized items were also photographed.

41. Q- What did you do after the inventory and marking of pieces
of evidence?

A- We brought the arrested suspect to Camp Lira Mabolo,

Cebu City for booking and further documentation and later he was
subjected to a medical examination at the PNP Regional Crime
Laboratory Office-8, Cebu City.

42. Q- How about the seized items?

A- The pieces of drug evidence were likewise forwarded to

PNP Regional Crime Laboratory Office-8, Cebu City.

43. Q- I have no further questions, Mr. Witness. Thank you.

A- Thank you, Attorney.

Nothing follows.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

18th of April 2020 at Cebu City, Philippines.
 SPO1 Butch Bito

Affiant

SUBSCRIBED AND SWORN to before me, this 18th day of April 2020
at Cebu City, Philippines. Affiant exhibited to me his Driver’s License
with No. G12-34-567890, valid until 29 August 2022, as his competent
evidence of identity. I hereby certify that I have personally examined
the affiant and that I am satisfied that he voluntarily executed and
understood the contents of his Affidavit and that they are true and
correct as to his personal knowledge.

(Sgd.)
MARY JOY L. GAYANES
Notary Public unto December 31, 2020
For the City of Cebu
Commission Serial Number BHL-002-2019
Roll of Attorneys No. 854625
PTR No. 12354, January 7, 2020, Cebu
IBP No. 56856, January 5, 2020, Cebu
MCLE Compliance No. VI-56231, January 3, 2020
Unit 08, 5th Flr, Ayala Bldg., Samar Rd., Cebu, City
Tel No. 365-4422 / Fax no. 385-4411
gayaneslawoffice@gmail.com

Doc. No. 201

Page No. 25
Book No. V
Series of 2020

ATTESTATION
 I, Jan Binuya, of legal age, single, Filipino, and with office
address at Chief Fernan Hall of Justice, Capitol Compound Rd., Cebu
city hereby certify:

1. That I propounded questions to SPO1 BUTCH BITO and

faithfully recorded or caused to be recorded the questions I asked
and the corresponding answers that SPO1 Butch Bito gave, as above
stated;

2. That I faithfully recorded the questions I asked SPO1

Butch Bito and the corresponding answers he gave me;

3. That neither I nor any other person then present or

assisting him coached him regarding his answers; and

4. That I execute the foregoing affidavit to attest the veracity

of the foregoing facts and for whatever legal purpose this may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 18th day

of April 2020 at Cebu city.

JAN BINUYA
Affiant

SUBSCRIBED AND SWORN TO before me at the City of Cebu,

Philippines, this 18th day of April 2020 by Jan Binuya exhibiting to
me his IBP identification card No. 1234567.

WITNESS MY HAND AND SEAL this 18th day of April 2020 in the
City of Cebu.

(Sgd.)
MARY JOY L. GAYANES
Notary Public unto December 31, 2020
For the City of Cebu
Commission Serial Number CEB-002-2019
Roll of Attorneys No. 854625
PTR No. 12354, January 7, 2020, Cebu
IBP No. 56856, January 5, 2020, Cebu
MCLE Compliance No. VI-56231, January 3, 2020
Unit 08, 5th Flr, Ayala Bldg., Samar Rd., Cebu City
Tel No. 365-4422 / Fax no. 385-4411
gayaneslawoffice@gmail.com

Doc. No. 202

Page No. 23
Book No. V
Series of 2020
 REPUBLIC OF THE PHILIPPINES
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
City of Cebu

PSI ALCARAZ;
SPO1 LAMBERT POCA CUIZON;
SPO2 JAMES REID;
SPO1 BUTCH BITO
PO1 DANIEL PADILLA
SPO3 RICARDO DALISAY
NPS NO. 112233
Complainant/s,
For: Violation of Section 5 of
RA 9165 or the Comprehensive
Dangerous Drugs Act
-versus-

JORDANE MICHAEL YUTEEKIONG

Respondent/s.

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

COMPLAINT – AFFIDAVIT OF
LAMBERT POCA CUIZON

I, SPO1 Lambert Poca Cuizon, Filipino, of legal age, single and a

resident of Sali-Ing Street, Barangay Basak San Nicolas, Cebu City, after
having been duly sworn in accordance with law, and with the assistance
of counsel, hereby depose and state:

PRELIMINARY STATEMENT

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;

Conformably with Section 3 (b) of said A.M. No. 12-8-8-SC,

this examination is conducted over my person by Atty. __________ with
law office address at ___________ where the examination was
conducted, on ____________ o’clock in the afternoon.

Furthermore, conformably with Section 3 (c ) of the same

A.M. No. 12-8-8-SC, I hereby state under oath that I am answering the
questions asked of me fully conscious that I do so under pain of perjury
and that I may face criminal liability for false testimony or perjury.

PURPOSE OF THE TESTIMONY

This complaint-affidavit in judicial affidavit form is respectfully

offered and submitted for the following purposes:

(1) For the filing of an information for the violation Section 5 of

RA 9165 or the Comprehensive Dangerous Drugs Act, viz:

“Section 5. Sale, Trading, Administration, Dispensation, Delivery,

Distribution and Transportation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. - The penalty of life imprisonment to
death and a fine ranging from Five hundred thousand pesos (P500,000.00)
to Ten million pesos (P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall sell, trade, administer, dispense, deliver,
give away to another, distribute dispatch in transit or transport any
dangerous drug, including any and all species of opium poppy regardless of
the quantity and purity involved, or shall act as a broker in any of such
transactions.

The penalty of imprisonment ranging from twelve (12) years and one (1)
day to twenty (20) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
shall be imposed upon any person, who, unless authorized by law, shall sell,
trade, administer, dispense, deliver, give away to another, distribute,
dispatch in transit or transport any controlled precursor and essential
chemical, or shall act as a broker in such transactions.

 If the sale, trading, administration, dispensation, delivery, distribution or
transportation of any dangerous drug and/or controlled precursor and
essential chemical transpires within one hundred (100) meters from the
school, the maximum penalty shall be imposed in every case.
For drug pushers who use minors or mentally incapacitated individuals as
runners, couriers and messengers, or in any other capacity directly connected
to the dangerous drugs and/or controlled precursors and essential chemical
trade, the maximum penalty shall be imposed in every case.

If the victim of the offense is a minor or a mentally incapacitated individual,

or should a dangerous drug and/or a controlled precursor and essential
chemical involved in any offense herein provided be the proximate cause of
death of a victim thereof, the maximum penalty provided for under this
Section shall be imposed.

The maximum penalty provided for under this Section shall be imposed
upon any person who organizes, manages or acts as a "financier" of any of
the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person, who acts as a "protector/coddler" of any violator
of the provisions under this Section.”

(2) To identify all relevant and material documents;

(3) To testify on the genuineness and due execution of the relevant

documentary evidence; and

(4) To prove any and all relevant matters.

Examination Proper

1. Q: Please state your name and other personal circumstances?

A: I am Lambert Poca Cuizon, a police officer, 40 years of age; a Filipino and
a resident of Barangay Basak San Nicolas, Cebu City.

 2. Q: What is your purpose in engaging my services?
A: I am going to make a Complaint – Affidavit against Jordane Michael
Yuteekiong.

3. Q: In which language would you prefer that this affidavit be written in?
A: In English, atty. That’s what I would prefer.

4. Q: What is the purpose for the creation of this complaint – affidavit?

A: The purpose of this affidavit is for the filing of a case against Mr. Jordane
Yuteekiong for the violation of RA 9165 or the Comprehensive Dangerous
Drugs Act.

5. Q: What is your profession?

A: I am a member of the Philippine National Police with the rank of Police
Officer I.

6. Q: How long have you been in the service as a police officer?

A: I have been serving as a police officer for 13 years.

7. Q: Where are you assigned to work, Officer?

A: At the Special Investigation and Detective Management Division, of Police
Regional Office VII (PRO VII) in Lahug, Cebu City.

8. Q: Why have you decided to file a case criminal case against the
respondent for the violation of Section 5 of RA 9164?
A: We caught him in the act of selling illegal drugs at Club Sandy Pebbles in
Barangay Mabolo, Cebu City.

9. Q: What was your purpose for being at the abovementioned club?

A: We conducted a buy-bust operation upon receiving information that
ecstasy was being sold at Club Sandy Pebbles.

10. Q: You mentioned that you were give information, who provided the
information?
A: We were informed by a Guest Relations Officer (GRO) at Club Sandy
Pebbles that the club had a new policy where GROs would sell illegal drugs,
specifically, ecstasy, to VIP guests.

11. Q: Upon receiving the information, what happened next, if any?

A: We had meetings with fellow police officers who were also members of
the Special Detective Management Division of the PRO VII.

 12. Q: From there, what happened next, if any?
A: We decided to conduct a buy-bust operation and we agreed on our
respective roles.

13. Q: Who would compose the buy-bust operation team?

A: Myself, PSI Alcaraz, our team leader, SPO2 James Reid, SPO1 Butch Bito,
PO1 Daniel Padilla and SPO3 Ricardo Dalisay as back-up.

14. Q: You mentioned that you assigned roles for each other, what was
your role, if any?
A: I and PO2 James Reid were assigned to be the arresting officers who would
conduct the arrest of any suspects upon hearing a pre-arranged signal, made
by a poseur buyer.

15. Q: Who was assigned to be the “poseur – buyer”?

A: SPO1 Butch Bito, a member of the Special Investigation and Detective
Management Division of PRO VII.

16. Q: What time did the buy-bust operation take place?

A: It was conducted on March 1, 2020 at around 10:35 in the evening.

17. Q: Where was it conducted?

A: At the club, Club Sandy Pebbles in Mabolo, Cebu City.

18. Q: Who were the other personalities involved in the buy- bust
operation, if any?
A: A member of the media and a Barangay Kagawad of Mabolo.

19. Q: Did you know who your specific target was, if any?
A: Yes, the owner of the establishment. Mr. Jordane Yuteekiong.

20. Q: What was your agreed plan, can you tell me a brief summary?
A: Before proceeding to the night club, a back up team would be dispatched
around the vicinity to secure the area.

SPO1 Bito would pose as a high profile client of the night club, he would
have wires attached to his body which would record everything that happens.
SPO1 Bito would then enter the club alone and be entertained by private
complainant, GRO Clar Radoc. From there, she would introduce SPO1 Bito

 to Jordane Yuteekiong where SPO1 Bito would proceed to purchase ecstasy
using marked money.

Once the marked money and the ecstasy is respectively received, SPO1 Bito
would utter the pre-arranged signal words, where I would then proceed to
arrest the seller.

21. Q: What was the designated pre - arranged signal?

A: Our poseur – buyer would utter the phrase “pleasure doing business with
you.”

22. Q: What time did you leave the jump- off point?
A: Around 9:30 in the evening.

23. Q: What happened next, if any?

A: We first made a stop at a place near the target location to drop off other
officers who were assigned to secure the area.

24. Q: What happened next, if any?

A: The poseur – buyer, SPO2 Bito, proceeded to enter the club while we were
staying in our designated hiding places and the surveillance vehicle awaiting
the utterance of pre-arranged signal.

25. Q: And at around what time was this?

A: at around 10:00pm

26. Q: From your point of view, what happened next, if any?

A: I saw the GRO, Clar, approach SPO2 Bito at the entrance of the club.

27. Q: What happened next, if any?

A: We heard the GRO say that SPO1 Bito should proceed to the VIP rooms
as they have something new to offer.

28. Q: What happened from there, if any?

A: We heard SPO1 Bito ask the GRO if they sell ecstasy in bulk.

29. Q: After SPO2 Bito asked the GRO about the ecstasy, what happened
next, if any?
A: We heard the GRO introduce to SPO1 Bito another person who she said
was the owner, Mr. Jordane Yuteekiong.

 30. Q: What is the relationship of the Jordane Yuteekiong, who you heard
as the person introduced to SPO2 Bito, to the accused in this case?
A: They are one and the same.

31. Q: What happened next, if any?

A: SPO1 Bito proceeded to ask if he could purchase a hundred ecstasy pills.
He also expressed that he has money and that he is willing to pay.

32. Q: From there, what else was uttered, if any?

A: Mr. Yuteekiong then called on someone to get the order.

33. Q: What took place next, if any?

A: There was a pause and then SPO2 Bito uttered the phrase “pleasure doing
business with you”

34. Q: Upon hearing the pre – arranged phrase, what happened next?
A: The team members and I entered the night club, identified ourselves as
police officers and declared that this was an entrapment.

35. Q: What happened thereafter, if any?

A: I immediately held Mr. Yuteekiong, informed him that he was under arrest
and informed him of his constitutional rights and that he violated Sec. 5 of
the Dangerous Drugs Act, he remained silent. I then frisked him and
conducted a body search.

36. Q: Upon conducting the body search, what did you undercover, If any?
A: I recovered from his direct control and possession the marked money, one
(1) unit of iPhone X cellular phone and the confiscation of a black wallet
recovered containing money in different denominations amounting to Five
Thousand Pesos (P5, 000.00).

37. Q: What took place thereafter, if any?

A: SPO1 Bito handed me ziplock bags and I then placed the recovered items
including the illegal drugs in the ziplock bags.

38. Q: What happened after the arrest and search took place?
A: The team and I, along with the suspect in our custody immediately
proceeded to the Mabolo Police Station for the conduct of marking,
inventory, and the documentation of the confiscated pieces of evidence. It
was there were the person arrested was positively identified as Mr.
JORDANE MICHAEL YUTEEKIONG, 35 years of age, single and the

 owner of Club Sandy Pebbles, a resident of 123 Narra Street, Mabolo, Cebu
City.

39. Q: Who conducted the inventory and marking?

A: I conducted the inventory and marking of the seized items.

40. Q: Who was present while you were doing the same?
A: I was with Hannah Mae Blanco, a reporter from Brigada News and
Barangay Kagawad Rael Koizora.

41. Q: What proof do you have that the Barangay Kagawad was actually a
Kagawad from Barangay Mabolo?
A: We filed a Request for Appearance of a Barangay Official, in accordance
with R.A. 9165, with Barangay Mabolo.

42. Q: If shown a copy of the Request for Appearance of a Barangay

Official, will you be able to identify the same?
A: Yes.

43. Q: I have here a copy of the Request for Appearance of a Barangay

Official for Barangay Mabolo, what is the relation of this document to
the one that you mentioned?
A: They are one and the same, atty.

44. Q: I am marking the said document as Exhibit “A”, attaching the same
to your complaint affidavit. Do you confirm my action?
A: Yes.

45. Q: What proof do you have that the reporter was actually a reporter
from Brigada News?
A: She was wearing an ID card slung around her neck which indicated that
she was a reporter from Brigada News and which had her photo on it.

46. Q: If shown a copy of the ID card, will you be able to identify the same?
A: Yes.

47. Q: I have here a copy of the ID card, what is the relation of this
document to the one that you mentioned?
A: They are one and the same.

 48. Q: I am marking the said ID card as Exhibit “B”, attaching the same
to your complaint affidavit. Do you confirm my action?
A: Yes.

49. Q: Upon your completion of the inventory and marking, what

happened next, if any?
A: I proceeded to have the items photographed by SPO3 Dalisay.

50. Q: What proof do you have that the you conducted the inventory?
A: We have an inventory receipt to prove such.

51. Q: If shown a copy of the Inventory Receipt, will you be able to identify
the same?
A: Yes.

52. Q: I have here a copy of the Inventory Receipt, what is the relation of
this document to the one that you mentioned?
A: They are one and the same.

53. Q: I am marking the said Inventory Receipt as Exhibit “C”, attaching

the same to your complaint affidavit. Do you confirm my action?
A: Yes.

54. Q: After photos were taken of the evidence, what happened next, if any?
A: We then proceeded to have the 100 ecstasy pills forwarded to the PNP
Regional Crime Laboratory Office – VII, Cebu City.

55. Q: What proof do you have that the pills were forwarded to the crime
lab?
A: We have a copy of a receipt form from the PNP Regional Crime
Laboratory Office – VII that the shows that the pill were received by the
crime lab.

56. Q: If shown a copy of the same receipt, will you be able to identify the
same?
A: Yes.

57. Q: I have here a copy of the Receipt from the PNP Regional Crime
Laboratory Office - VII, what is the relation of this document to the
one that you mentioned?
A: They are one and the same.

 58. Q: I am marking the said Receipt from the PNP Regional Crime
Laboratory Office - VII as Exhibit “D”, attaching the same to your
complaint affidavit. Do you confirm my action?
A: Yes.

59. Q: Is there anything that you wish to add to your testimony?

A: None, for now, however I respectfully reserve my right to submit any
additional affidavit to supplement my answers herein, if necessary.

60. Q: Do you confirm the truth and veracity of the contents of this
complaint – affidavit?
A: Yes.

I declare, under the penalties of perjury, that the answers to the foregoing
questions, made under oath, are made in good faith, verified by me, and to the
best of my knowledge and belief and/or based on the authentic records, are true
and correct. I further warrant that the documents attached to this Complaint
Affidavit are faithful reproductions of their originals.

IN WITNESS WHEREOF, I have hereunto set my hand this 18TH day of

April 2020, at Cebu City, Philippines.

LAMBERT POCA CUIZON

Affiant

SUBSCRIBED AND SWORN TO before me, this 18th of April 2020, in the
City of Cebu, by LAMBERT POCA CUIZON who is personally known to me
and exhibiting to me his Passport No. LL19914 issued July 10, 2018 at the
Department of Foreign Affairs – Cebu.

ATTY. JOSHUA JOHNSON

Notary Public, City of Cebu
Until January 31, 2021
Axis Building, IRBO Place, Escario St., City of
Cebu, Philippines
Roll No. 77777, 1/20/20
IBP No. 77777 – Lifetime Member

 MCLE Compliance No. VI-000777
PTR No. 8777077, 1/04/20, Cebu City
Commission No. M-77 (2019-2020)
JJOHNSON@gmail.com
(0917)7770888

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of ___.

 REPUBLIC OF THE PHILIPPINES)
City of Cebu ) S.S.

EXAMINING COUNSEL’S ATTESTATION

I, ATTY. JAN BINUYA of legal age, Filipino, and with office

address at Office of the City Prosecutor, at his office at Chief Justice
Fernan Hall of Justice, Capitol Compound Road, Cebu City, after having
been sworn in accordance with law, hereby depose and state that:

(1) I have personally conducted the examination of Mr.

LAMBERT POCA CUIZON on APRIL 18, 2020 at at
Chief Justice Fernan Hall of Justice, Capitol Compound
Road, Cebu City;
(2) I have faithfully recorded or caused to be recorded the
questions and corresponding answers given by Mr.
LAMBERT POCA CUIZON;
(3) That neither I, nor any other person then present or assisting
me at the time, coached Mr. LAMBERT POCA CUIZON
in answering the questions asked to him.

ATTY. JAN BINUYA

Administering Assistant City Prosecutor

SUBSCRIBED AND SWORN TO before me, this 18th of April 2020, in the
City of Cebu, by LAMBERT POCA CUIZON who is personally known to me
and exhibiting to me his Passport No. LL19914 issued July 10, 2018 at the
Department of Foreign Affairs – Cebu.

 ATTY. JOSHUA JOHNSON
Notary Public, City of Cebu
Until January 31, 2021
Axis Building, IRBO Place, Escario St., City of
Cebu, Philippines
Roll No. 77777, 1/20/20
IBP No. 77777 – Lifetime Member
MCLE Compliance No. VI-000777
PTR No. 8777077, 1/04/20, Cebu City
Commission No. M-77 (2019-2020)
JJOHNSON@gmail.com
(0917)7770888

Doc. No.____
Page No.____
Book No. ____;
Series of _____.

Republic of the Philippines…..)
City of Cebu…………) S.S.

AFFIDAVIT

I, Augustine Ignatius V. Ong Vaño, of legal age, single, Filipino,

a resident of Cebu City, and with assistance of counsel, after having
been duly sworn in accordance with law, do hereby depose and say
that:

PRELIMINARY STATEMENT

The person examining me is Atty. _______ of the

__________, with office address at _______. The
examination is being held at the same address on April 19,
2020. I am answering his questions fully conscious that I
do so under oath and may face criminal liability for false
testimony and perjury. I further warrant that the copies or
reproductions attached to this affidavit are faithful copies or
reproductions of the original documents thereof, which are
in my custody.

PURPOSE OF TESTIMONY

The testimony of Mr. Augustine Ignatius V. Ong Vaño, a forensic

chemist of the Philippine National Police (PNP), is being offered to
support the charge against Jordane Michael Y. Yuteekiong (a.k.a
Jordy) for the violation of Sec. 5 of R.A. 9165, as amended, which
involves the sale of illegal drugs.

TESTIMONY OF COMPLAINANT

1. Question: What is your profession?

Answer: I am a licensed chemical engineer and I am currently

working as a forensic chemist for the Philippine National Police
(PNP) Regional Crime Laboratory Office – VII, Cebu City.

2. Question: How long have you been working as a forensic chemist

for the PNP?

Answer: Almost five (5) years.

3. Question: And what does your job as a forensic chemist for the PNP
entail?

Answer: I conduct chemical laboratory examinations for the PNP.

This includes examining and testing various substances submitted
by the PNP to the laboratory in order to find out the nature of such
substances. I also conduct drug test examinations from sample
blood or urine that the officers likewise submit to the lab. After such
testing and examination, I also prepare detailed reports of the
results and give the same to the requesting officer.

4. Question: Would you know for what purpose those reports are being
used by the PNP?

Answer: Yes. As to the Laboratory Examination, it is to determine

whether or not such substances found by the PNP Officers are
considered illegal drugs. The reports I make help the PNP and the
City or Provincial Prosecutor’s Office decide whether they have a
proper basis to file a drug case.

5. Question: And to what extent have you participated in these drug

cases?

Answer: Aside from conducting the laboratory examinations which I

mentioned before, I have also testified in court numerous times as
an expert witness to explain the results of the examinations and
testing and the circumstances under which I performed the same.

6. Question: Do you know SPO1 Lambert Poca Cuizon?

Answer: Yes, I do.

7. Question: How do you know him?

Answer: SPO1 Cuizon is a police officer and we have worked

together before. He has submitted substances as well as urine and
blood samples to the laboratory and I was the one who conducted
the examinations and prepared the reports.

8. Question: Are you familiar with a certain Mr. Jordane Michael Y.

Yuteekiong?

Answer: Yes, I am.

9. Question: And what is your relation with Mr. Yuteekiong?

Answer: I do not know him personally, but I only came to know of

his name because of SPO1 Cuizon.
10. Question: How so?

Answer: On March 2, 2020, my office, the PNP Crime Laboratory,

received a Request for Laboratory Examination involving four (4)
plastic bags of ecstasy pills, with twenty-five (25) pills in each plastic
bag, and with corresponding markings from SPO1 Cuizon. It was
also accompanied by a Request for Drug Test involving Mr.
Yuteekiong.

11. Question: And what happened thereafter, if any?

Answer: Upon receiving the above items submitted to the

laboratory, I conducted the laboratory examination and also the
drug test.

12. Question: And what was the result of the laboratory examination?

Answer: Upon chemical examination of all one hundred (100) pills,

I was able to determine that all yielded a positive result for the
presence of 3,4-Methylenedioxymethamphetamine, or more
commonly as ecstasy, which is a dangerous drug under R.A. 9165.
The complete and detailed results are contained under Chemistry
Report No. ____________

13. Question: I am showing to you a copy of document entitled

Chemistry Report No. _________. Is this the document that you are
referring to?

Answer: Yes, that is the same document.

14. Question: I am now marking this Chemistry Report No. ______

which you earlier identified as our Annex “A” and I am attaching
the said document to your Affidavit to form part of it. Do you confirm
my actions?

Answer: Yes, I do.

15. Question: You mentioned earlier that you also conducted a drug
test. What were the results of such testing?

Answer: On the same day, Mr. Yuteekiong submitted his urine

sample for laboratory examination and such urine sample yielded a
positive result for the presence of Methamphetamine, MDMA,
Cocaine and THC, which are all dangerous drugs under R.A. 9165.
The complete and detailed results are contained under Chemistry
Report No. PDEA-DT01-234.
16. Question: I am showing to you a copy of a document entitled
Chemistry Report No. PDEA-DT01-234. Is this the same document
that you are referring to?

Answer: Yes, it is the same.

17. Question: I am now marking this Chemistry Report No. PDEA-

DT01-234 which you earlier identified as our Annex “B” and I am
attaching the said document to your Affidavit to form part of it. Do
you confirm my actions?

Answer: Yes, I do.

I declare, under the penalty of perjury, that the answers to the

foregoing questions, made under oath, are made in good faith, verified
by me, and to the best of my knowledge and belief and/or based on
the authentic records, are true and correct. I further warrant that the
documents attached to this Affidavit are faithful reproductions of their
originals.

IN WITNESS WHEREOF, I have set my hand this 19th day of

April 2020, in Cebu City, Philippines.

Augustine Ignatius V. Ong Vaño

Affiant-Witness

SUBSCRIBED AND SWORN to before me this 19th day of April

2020, in Cebu City, Philippines, and the foregoing affiant personally
appearing before me and personally identified through his PRC I.D.
No. 0021340 (expiry on 08/01/22).

ATTY. JOSHUA JOHNSON

Notary Public, City of Cebu
Until January 31, 2021
Axis Building, IRBO Place, Escario St.,
City of Cebu, Philippines
Roll No. 77777, 1/20/20
IBP No. 77777 – Lifetime Member
MCLE Compliance No. VI-000777
 PTR No. 8777077, 1/04/20, Cebu City
Commission No. M-77 (2019-2020)
JJOHNSON@gmail.com
(0917)7770888

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of ___.
REPUBLIC OF THE PHILIPPINES)
City of Cebu ) S.S.

EXAMINING COUNSEL’S ATTESTATION

I, ATTY. JAN BINUYA of legal age, Filipino, and with

office address at Office of the City Prosecutor, at his office
at Chief Justice Fernan Hall of Justice, Capitol Compound
Road, Cebu City, after having been sworn in accordance
with law, hereby depose and state that:

(1) I have personally conducted the examination of

Mr. AUGUSTINE IGNATIUS V. ONG VAÑO on
APRIL 19, 2020 at the Chief Justice Fernan
Hall of Justice, Capitol Compound Road, Cebu
City;
(2) I have faithfully recorded or caused to be
recorded the questions and corresponding
answers given by Mr. AUGUSTINE IGNATIUS
V. ONG VAÑO;
(3) That neither I, nor any other person then
present or assisting me at the time, coached
Mr. AUGUSTINE IGNATIUS V. ONG VAÑO in
answering the questions asked to him.

ATTY. JAN BINUYA

Administering Assistant City Prosecutor

SUBSCRIBED AND SWORN TO before me, this 19th of April

2020, in the City of Cebu, by AUGUSTINE IGNATIUS V. ONG VAÑO
who is personally known to me and exhibiting to me his PRC I.D. No.
0021340 with expiry on 08/01/22.

ATTY. JOSHUA JOHNSON

Notary Public, City of Cebu
Until January 31, 2021
Axis Building, IRBO Place, Escario St.,
City of Cebu, Philippines
Roll No. 77777, 1/20/20
IBP No. 77777 – Lifetime Member
 MCLE Compliance No. VI-000777
PTR No. 8777077, 1/04/20, Cebu City
Commission No. M-77 (2019-2020)
JJOHNSON@gmail.com
(0917)7770888

Doc. No.____
Page No.____
Book No. ____;
Series of _____.