INITIATORY

PLEADING

ILLEGAL
POSSESSION OF
FIREARMS (R.A. No.
10951)
 Republic of the Philippines
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
Branch 25
Baguio City

THE PEOPLE OF
THE PHILIPPINES,
Plaintiff, CRIMINAL CASE NO. 16-CR-12389

(NPS Docket No.1-06-INV-

16B-00119)

-versus- For

HEART MARK EVANGEL, VIOLATION OF REPUBLIC ACT NO.

Accused. 10951
(x---------------------------------------------------x)

INFORMATION

The undersigned prosecutor accuses HEART MARK EVANGEL of

the crime of the crime of Violation of Section28(a) of Republic Act
No. 10591 (Comprehensive Firearms and Ammunition
Regulation Act) committed as follows:

That on or about the 28th day of March 2020, at JP Soriano Street,

Blueridge, Baguio City, Province of Benguet, Philippines and within the
jurisdiction of this Honorable Court, the above-named accused,
without any lawful authority or license from the proper government
agency, did then and there willfully, unlawfully and knowingly have in
his possession, control and custody one (1) Pistol Caliber 9mm Glock
17 Gen 4 with SN PNP59566 and Mag Assy without
Ammunition.

CONTRATY TO LAW.

Baguio City, this 29th day of March 2020.

 Associate Provincial Prosecutor
LE-Vl-0001445

APPROVED:

Deputy Provincial Prosecutor

Officer-in-
Charge
MCLE-Vl-
0001615

CERTIFICATION

I, HEREBY CERTIFY that on the basis of the affidavits and other evidence
presented, there is reasonable ground to believe that the crime charged has
been committed and that the accused is probably guilty thereof, that the accused
was informed of the complaint and of the evidence presented against.

MCLE-VI-00001516

SUBSCRIBED AND SWORN to me before this 28th day of February

2020, at Baguio City.

Associate Pro incial Prosecutor

MCLE-Vl-0004551
WITNESSES:
1. P03 Mark Dee -PNP- Baguio City Police Office, Baguio City, Benguet
2. SP01 Joe H. Hand - PNP- Baguio City Police Office, Baguio
City,Benguet
3. Whitney N. Ness

BAIL BOND RECOMMENDED,

ONE HUNDRED EIGHTY THOUSAND PESOS (Php 180,000.00)

Enclosures:
1. Complaint
2. Investigation Data Form
3. Affidavit of P03 Mark Dee dated March 28, 2020
4. Affidavit of SP01 Joe H. Hand dated March 28, 2020
5. Affidavit of Witness
6. Photograph of Firearm
7. Picture of Confiscated Evidence and Book Mug Shots
8. PNP Arrest and Booking Sheet
9. Request for Medical Examination
10. Medical Examination Certificate
11.Request for Firearm Verification
12. Suspects Personal Receipt Form
 Republic of the
Philippines Philippine
National Police Baguio
City District
BAGUIO CITY POLICE OFFICE
Abanao Street, Baguio City
Hotline Numbers: 0998-598-7754; 661-1489

29 March 2020

The Provincial Prosecutor

Baguio City Prosecutor's Office
Justice Hall, Baguio City
Sir,
Respectfully referring to your good Office the investigation records
relative to a case of alleged Illegal Possession of Firearms committed as
follows

COMPLAINT:

SP01 Joe H. Hand, 36 years old, born on 13 April 1984 at Lepanto,

Mankayan, Benguet, single, police officer, native of Barlig, Mountain Province
and presently residing at Purok 7, Sitio Banig, Barangay Tawang, La
Trinidad, Benguet

And

P03 Mark H. Dee, 34 years old, born on 13 June 1986 at Lepanto,

Mankayan, Benguet, married, police officer, native of Purok, Blueridge,
Baguio City

RESPONDENT

Ms. Heart Evangel y Mark, Filipino Citizen, ilokano, Single, 35 years

old, born on March 28,1985 at this province, works as a Mambonong at
Jack's Farmer's Trading, Quezon City and a resident of OD-432, Purok 4,
Barangay Talipapa, Baguio City.

Time and Date of occurrence

7:00 PM of March 28, 2020 at JP Soriano Street, Blueridge, Baguio City

Enclosure/s:

1. Investigation Data Form

2. Sworn Affidavit of SP01 Joe Hand and P03 Mark Dee- arresting
officers
 3. Sworn Statement of Ms. Whitney N. Ness- Witness
4. Photograph of evidence
5. Photograph of the suspect; and
6. Turn-over Receipt of Evidence

Res T. Hoon
Police
Superintendent
(Administering Officer)
 Republic of the
Philippines
Department of Justice
NATIONAL PROSECUTION SERVICE
Office of the Provincial Prosecutor
Baguio City

INVESTIGATION DATA FORM

DATE RECEIVED: March 29, 2020 NPS DOCKET NO: 1-05-INV-14K-

0017
(Stamped and Initialed):

Time Received: 9:30 A.M. Assigned to: Prosecutor Optimus Prime

Receiving Staff: John Denver Santo Date Assigned to: March 29, 2020

COMPLAINANTS: RESPONDENT:

SP01 Joe Hand, 36 years old, born
on 13 April 1984 at Lepanto, Quezon
City, single and presently residing at
Purok 7, Sitio Banig, Barangay
Tawang, Trinidad, Benguet
And
P03 Mark Dee, 34 years old, born on
13 June 1986 at Lepanto, Quezon
City, married, and presently residing
at Purok 9, Blueridge, Baguio City
Ms. Heart M. Evangel, (Heart
Evangel y Mark) Filipino Citizen,
llokano, Single, 35 years old, born on
March 28, 1985 at this Province,
work as a Mambunong at Jack's
Farmer's Trading, Blueridge, Baguio
City and a resident of OD-432 Purok
4, Barangay Talipapa, Baguio City.

WITNESS/es:
Ms. Whitney Ness, Filipino Citizen,
llokano, Single, 30 years old, P-69
Blueridge, Baguio City.

OFFENSE COMMITTED/LAW
Illegal Possession of Firearms
VIOLATED

DATE&TIME of COMMISSION: 7:00 P.M. of March 28, 2020

JP Soriano St.,Blueridge, Baguio
PLACE OF COMMISSION:
City.

1. Has a similar complaint been filed before any other office?

Y N X
2. Is this complaint in the nature of a counter- charge?
y N_L
3. Is this complaint related to another case before this office?
y N_L

CERTIFICATION

I CERTIFY, under oath that all the information on the sheet are true and
correct to the best of my knowledge and belief, that I have not commenced
any action or file any claim involving the same issues in any court, tribunal or
quasi-judicial agency, and that if I should thereafter learn that a similar action
has been filed and/or pending, I shall report the fact to this Honorable Office
within five (5) days from knowledge thereof.

SUBSCRIBED AND SWORN TO me before me this 28th day of March

2020 at Blueridge, Baguio City, Philippine s .
- - ---

Police Sup rintendent

(Administering Officer)
REPUBLIC OF THE PHILIPPINES
) CITY OF BAGUIO )S.S

AFFIDAVIT OF
ARREST

I, P03 Mark D. Dee of legal age, bona fide member of the

Philippine National Police presently assigned at the Baguio City
Police District as Beat Patrol with tour of duty from 8:00 A.M. to
8:00 P.M. daily that can be extended in the exigency of
service, after having been duly sworn to in accordance with
law, do hereby state the following to wit, that:

1. At around 7:00 P.M. of 28 March 2020, while SP01 Joe H. Hand

and I were on Beat Patrol at JP Soriano Street, Blueridge,
Baguio City, we saw Ms. Heart Evangel with his live-in partner
"Jack" walking along the same street when suddenly, without
apparent reason and without even saying a word, Ms. Heart
Evangel pulled a gun tucked on her waist and pointed the gun
towards us. SP01 Joe H. Hand immediately called out the
suspect and made proper introduction as to our identity and
authority to arrest.

2. After SP01 Joe H. Hand informed the arresting person

of the circumstances of her arrest and recited the Miranda
Warning and Anti• torture Warning in a dialect or language known
to her, we secured and handcuffed the suspect. We conducted
thorough search for weapons and other illegal materials on the
person arrested and surroundings within her immediate control
and was able to seize a Pistol Caliber
9mm Glock 17 Gen 4 with SN PNP59566 and Mag Assy
without
Ammunition.

3. After securing the arrested person,we requested Mr. Jack

Son,live-in partner of Ms. Evangel to come with us, to bring Ms.
Evangel to the police station.

4. We brought the suspect together with the pieces of evidence

at the Police Station for proper disposition. That inside the Police
Station, the suspect identified herself as Heart Mark Evangel,
35 years old, born
 on March 28, 1985, single, laborer native of and resident at OD-432
Purok 4, Barangay Talipapa, Baguio City, with contact number
09213671130.SP01Joe H. Hand immediately reported the incident to
the Tactical Operations Center and to PSUPT Rest Hoon, Chief of
Police.

5. SP01 Joe H. Hand then received the confiscated items,

photographed and marked the same as evidence, and issued a turn-
over receipt in lieu thereof.

6. That I am executing the affidavit to attest to the truthfulness of the

foregoing facts and to support the filing of a complaint against the
suspect Heart Mark Evangel in violation of R.A. 10591.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

28th day of March 2020 at Baguio City, Philippines.

SUBSCRIBED AND SWORN to me before this 28th day of March

2020 at Baguio City, Philippines.
REPUBLIC OF THE
PHILIPPINES) CITY OF BAGUIO
)S.S

AFFIDAVIT OF
ARREST

I, SP01 Joe H. Hand of legal age, bona fide member of

the Philippine National Police presently assigned at the
Abanao Baguio City Police District as Beat Patrol with tour of
duty from 8:00 A.M. to
8:00 P.M. daily that can be extended in the exigency of service,
after
having been duly sworn in accordance with law do hereby
state the following to wit, that:

7. At around 7:00 P.M. of 28 March 2020, while P03 Mark D. Dee

and I were on Beat Patrol at JP Soriano Street, Blueridge,
Baguio City, we saw Ms. Heart Evangel with his live-in partner
"Jack" walking along the same street when suddenly, without
apparent reason and without even saying a word, Ms. Heart
Evangel pulled a gun tucked on her waist and pointed the gun
towards us. Immediately, I called out the suspect and made proper
introduction as to our identity and authority to arrest.

8. I informed the arresting person of the circumstances of her

arrest and recited the Miranda Warning and Anti-torture Warning
in a dialect or language known to her then we secured and
handcuffed the suspect. We conducted thorough search for
weapons and other illegal materials on the person arrested and
surroundings within her immediate control and was able to seize
a Pistol Caliber 9mm Glock 17 Gen 4 with SN PNP59566 and
Mag Assy without Ammunition.

9. After securing the arrested person, we requested Mr. Jack Son,

live-in partner of Ms. Evangel, to come with us to bring the Ms.
Evangel to the police station. I immediately reported the
incident to the Tactical Operations Center and to PSUPT Rest
Hoon, Chief of Police.

10. We brought the suspect together with the pieces of evidence

at the
Police Station for proper disposition. Inside the Police Station,
the
 suspect was identified to be Heart Mark Evangel, 35 years old,
born on
March 28, 1985,single,laborer native of and resident at OD-432
Purok 4, Barangay Talipapa, Baguio City, with contact
number
09213671130.SP01 Joe H. Hand immediately reported the incident to
the Tactical Operations Center and to PSUPT Rest Hoon,
Chief of Police.

11, I then received the confiscated items, photographed and

marked the same as evidence, and issued a turn-over receipt in
lieu thereof.

12. That I am executing the affidavit to attest to the truthfulness of

the foregoing facts and to support the filing of a complaint
against the suspect.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

28th day of March 2020 at Baguio City, Philippines.

SUBSCRIBED AND SWORN to me before this 28th day of March

2020 at Baguio City, Philippines.

olice Senior Inspector

Administering Office
REPUBLIC OF THE PHILIPPINES)
CITY OF BAGUIO )S.S

AFFIDAVIT OF WITNESS

I, Whitney N. Ness, of legal age, single, female, a bona fide

resident of P-69 Blueridge, Baguio City, after having been duly sworn
in accordance with law do hereby state the following to wit, that:

13.1 was present and personally saw that the accused, Heart Mark
Evangel, pulling a gun from her waist and pointing it in the direction of
the two police officers- P03 Mark H. Dee and SP01 Joe H.Hand.

14. At around 7:00 P.M. of 28 March 2020,I was on my way home

walking along JP Soriano Street, Blueridge, Baguio City, walking in
front of me was a couple holding hands. I recognized, from her voice,
hair and clothes, that the woman was my friend Ms. Heart Evangel.
Just as I was going to call her attention, she suddenly pulled a gun
tucked on her waist and pointed the gun towards two policemen
across the street. One of the policemen immediately called out to Ms.
Evangel to drop the gun.

15.When I saw the gun pointed by Ms. Evangel, I got scared and hid
behind a parked car in the street.

16.After a few minutes and not having heard any gun shot, I l o o k e d
over the parked car and saw that Ms. Evangel was already on the
floor and handcuffed by the policemen and that one of the policemen
was telling her something.
 17.After the policemen helped Ms. Evangel to stand from the floor,
one of them saw me and told me that everything is alright.
They introduced themselvesas P03 Mark H. Dee and SP01
Joe H. Hand. The policemen sat Ms. Evangel in the police car,
and requested Jack,her companion to seat on one of the seats of
the police car going to the Police Station.

18. That I am executing the affidavit to attest to the truthfulness of the

foregoing facts and to support the filing of a complaint against the
suspect.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

28th day of March 2020 at Baguio City, Philippines.

Whitney N. Ness
Affiant

SUBSCRIBED AND SWORN to before me, in the City of Baguio,

Philippines, this 28th day of March 2020, by Whitney N. Ness who exhibited
to me her Passport No. CF112233, valid until January 30, 2022 as competent
proof of her identity, and who is the same person who personally signed
before me the foregoing affidavit and acknowledged that she executed the
same.

Atty. Ann N. Knee

Unit 3A, 3rd Floor,
Port Vaga Building,
Session Road, Baguio
City
(074)422-3287/09276435749
PTR No. 108083; 1-9-12/Baguio
City
Roll of Attorney No. 101114;1-9-12/
Baguio City IBP Lifetime
Membership
No. 0821057; Baguio-Benguet
MCLE No. 111-0001178,
07-27-11
Commission Serial No. 75-
NC-11 (R) TIN: 922-596-
319

Doc. No. 13
Page No. 14
Book No. 3
Series of 2020
 BOOKING MUG SHOTS

NAME OF SUSPECT: EVANGEL HEART MARK

(FAMILY) (FIRST) (MIDDLE)
Blotter Entry No.: Baguio City Police Station 7 BCPO PBEN 0890
NOTE: USE THE PNPCL FORM 452-0'38 (STANDARD TEN PRINT CARD) TO TA~
THE TENPRINT OF THE SUSPECT FOR EVENTUAL SUBMISSION TO PNPCL-
AFIS
(ATIACH THE MEDICAL EXAM RESULT; MUG SHOTS;

TENPRINTS OF

SUSPECT) RIGHT

HAND

FOUR FINGERS SIMULTANEOUSLY THUMB THUMB FOUR

FINGERS SIMULTANEOUSLY
LEFT PALM
 CONFISCATED EVIDENCE

SP01 Lanze R. Kee

 Republic of the
Philippines
Department of the Interior and Local
Government
PHILIPPINE NATIONAL
POLICE BAGUIO CITY,
POLICE STATION Station 7

PNP ARREST AND BOOKING

SHEET
(to be accomplished by the Arresting
Officer)

BLOTTER ENTRY NR: BCPO BPENOOO DATE: 28 March 2020

PERSONAL INFORMATION:
EVAN GEL HEART
MARK (Last Name) (First
Name)
(Middle Name)

ADDRESS: OD-432 PUROK 4. BARANGAY TALIPAPA. BAGUIO CITY.

TEL NO. N/A POB _Baguio City_

------
DOB_March 28, 1985 _

MARITAL STATl0 SINGLE WIDOW/9 SEX:

MALE TI
O MARRIED
O SEPARATED
FEMALE

AGE: _38_ WEIGHT (lbs): 75 HEIGHT

(Ft):5'2" EYES:BROWN HAIR: BLACK
COMPLEXION: FAIR OCCUPATION: Freelance
Artist NATIONALITY: FILIPINO
ETHNIC GROUP N/A DIALECT/LANGUAGE
Tagalog
HIGHEST EDUCATIONAL ATTAINMENT: College Graduate
NAME OF SCHOOL: UNIVERSITY OF LA TRINIDAD
LOCATION OF SCHOOL: LA TRINIDAD BENGUET
IDENTIFYING MARKS: 0/IOLE oroo l[JTHMARK
SCAR
LOCATION OF IDENTIFYING MARKS
NONE
PHYSICAL DEFORMITY/DEFECT
NONE
DRIVER'S UC NR: NONE ISSUED AT:------
ON:
-----
RES CERT NR: NONE DATE AND PLACE OF ISSUE:
 OTHER ID CARDS: NONE
ID
NR:
-----
ARREST INFORMATION:
OFFENSE CHARGE: ILLEGAL POSSESSION OF FIREARMS
1-05-1007
(NATURE OF OFFENSE)
NO.) (CRIM/IS
MODU
S
OPERANDA:
_

WHERE ARRESTED: JP SORIANO STREET. BLUERIDGE. BAGUIO

CITY DATE ARRESTED: 28 March 2020 TIME: around 7:00 P.M.
ARRESTING OFFICER/S:
Rank:PO 3~ Name: MARK D. DEE
Signature: . _ ,
Rank: ( S~. Name: JOE H.
g HAN
Signature~_};=,;;:-
,:·(

Rank: Name: Signature:

SIGNATUR -------
E UNIT: BCPO
77"'~'"'""'=------
MEDICAL EXAMINATION CONDUCTED AT: BAGUIO
GENERAL HOSPITAL
BY: DR. DR. Q U. ACK ON:
March
28, 2020 _
REMARKS:
no
injuries _
FINGERPRINT TAKEN BY: PO 3 MARK
DEE PHOTO TAKEN BY: PO 3
MARK DEE
INVESTIGATOR ON CASE: -=S-=-- 1.;.. .....;;;Sc.....:..T=E=E _
P0..;;;. ,L=.
LETO
BOOKE BY (RANK/NAME/SI GNA TU RE) :.:. . .P. . ; ;. 0. ; ;. .3 _
D ;;;;..SA'"---"N'-'-----=D-=E
JESUS
SIGNATURE PERSON
ARRESTED:
(INDICATE IF SUSPECT REFUSE TO NA
SIGN) ME
OTHER INFORMATION: OF
M
NAME OF OT AGE:
FATHER: HE 65
EV A N GE L R:
- - - - - ------------
ADDRESS: PUROK 3 IRISAN. BAGUIO CITY
DAN MARY
=E~VA~N~G~E=L=- AGE:60
ADDRESS: PUROK 3 IRISAN. BAGUIO CITY
NAME & ADDRESS OF PERSON TO BE CONTACTED IN
CASE OF EMERGENCY:
NAME: SON
----------
JACK RELATIONSHIP:
partner
ADDRESS: PUROK 1 PINSAO BAGUIO TEL # 143-
CITY
2432-567
LAWYER: ATTY. FRANKLIN _BATAS TEL #: 658-
4562-
654
DOCTOR: TEL
#:
----------
HEALTH PROBLEM:

NOTE: USE THE PNPCL FORM 452-038 (STANDARD TEN PRINT

CARD) TO TAKE THE TENPRINT OF THE SUSPECT FOR EVENTUAL
SUBMISSION TO PNPCL-AFIS

(ATTACH THE MEDICAL EXAM RESULT; MUG SHOTS; TENPRINTS OF

SUSPECT)

Republic of the Philippines

NATIONAL POLICE
COMMISSION Philippine
National Police
BAGUIO CITY POLICE
OFFICE
Station 7, Abanao,
Baguio City

Date: March 28, 2020

Request for Medical Examination of Arrested

Suspects

DR. Q U.ACK
General Physician, Baguio City General Hospital
Baguio City

Dear Ma'am:

Respectfully request for the Medical Examination of

the suspect Ms. Heart M. Evangel, female, who is
arrested by personnel of this Office on March 28, 2020
at JP Soriano Street, Blueridge, Baguio City.

Please furnish the arresting officer/escort officers,

SP01 Joe Hand and P03 Mark Dee a copy of the result of
the Medical Examination for our reference.
 Rest assured of our continuous support on matters
of mutual interest. Thank you.

FOR THE CHIEF OF POLICE:

01 Jerrol Manuben
Rank/Name/Signature of the Desk or Duty Officer
REF: (BLOTTER ENTRY NR: PBEN 0890)
 Republic of the Philippines
Department of Health
BAGUIO GENERAL HOSPITAL AND MEDICAL CENTER
Baguio City

Form no. MS-HIM-004

Health information management Revision no. : 1
office Effectivity date:
MEDICO-LEGAL CERTIFICATE

March 28, 2020

Date

TO WHOM IT MAY CONCERN:

This is to certify that Ms. Heart Mark Evangel, (Male_ Female_ ) 35 of

age
(Name of Patient)

From OD- 432 PUROK 4, BRGY. TALIPAPA, BAGUIO CITY

Was examined and treated/confined in this hospital from 8:30 pm March 28,
2020 (Date admitted)

to 2018 to 9:30 pm of March 28, 2020 for the following:

1. No external signs of Physical Injuries at the time of examination.

2. No others

TIME OR ARRIVAL: 8: 28 pm, March 28, 2020

Arresting
Brought By: SP01 Joe H. Hand and P03 Mark Dee/ Relationship: Officers

Address: Baguio City Police Station, Abanao Street, Baguio City

Treatment will take from n/a to n/a for the above injuries to heal unless
complications will arise.

Dr. Q. U. ACK
License No. 32134
Department of ORL- HNS
Attending Physician I Medico-legal Officer
 Republic of the Philippines
NATIONAL POLICE COMMISSION
Philippine National Police
BAGUIO CITY POLICE OFFICE
Station 7

Abanao Street, Baguio City

MEMORANDUM

FOR Director, PNP Crime Laboratory

FROM Chiefof Police

SUBJECT: Firearm Verification

DATE : March 28, 2020

1. In connection with illegal possession of firearm as mentioned

below, request conduct verification of firearm used in the
commission of crime described below;

a. DESCRIPTION OF FIREARM FOR VERIFICATION: Pistol

Caliber 9mm Glock 17 Gen 4 with SN PNP59566 and Mag
Assy without ammunition

b. NATURE OF CASE: Illegal Possession of Firearm (RA

10591)

c. SUSPECT: Ms. Heart M. Evangel, 35 years old, married,

mambobonong, resident of OD-432, Purok 4, Barangay
Talipapa, Baguio City

d. TDPO: At about 7:00 PM of March 28, 2020 at JP Soriano

St.
 Republic of the Philippines
NATIONAL POLICE COMMISSION
Philippine National Police BAGUIO
CITY POLICE OFFICE
Station 7, Abanao Street, Baguio City

Suspect'sPersonal PropertyReceipt Form

This is to certify that the suspect's personal properties/valuables as

properly itemized and described below was received for safekeeping.
The items are as follows:

Quantity Items Detailed Description with Brand Nae, Serial

Number and other identifiable characteristics.
1 Pistol Caliber 9mm Glock 17 Gen 4 with SN PNP59566
1 Mag Assy without Ammunition.
Turned over date: SP01 Joe Hand Received by: P03 Ben Tong
Arresting Officer Evidence Custodian

Time/Date: 9:00 P.M March 28, 2020 Time/Date: 9:00 P.M March 28,
2020

Suspect's acknowledgement (name and signature over printed name):

Heart Mark Evangel

Witnessed by: Mr. Chi E. Hez

Time/Date: 8:09 P.M March 28, 2020