Deposition of Francisco Rivera

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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
11th Judicial Region
Digos City, Davao del Sur
Branch ___
PEOPLE OF THE CRIM. CASE NO. 301(2017)

P H I L I P P I N E S,
Complainant,
- Versus - For: Violation of Section 5

of R.A. 9165
JOAQUIN S. TUAZON,
(detained) Accused.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
DEPOSITION OF:
FRANCISCO RIVERA
called for examination by Counsel for the Defendant, pursuant
to Notice of Deposition, at the PDEA Regional Office, located at RR
Street, Cebu City, Cebu, when were present on behalf of the
respective parties:
APPEARANCES:
On Behalf of Complainant:
ATTY. DICK JESURALEM of Public Attorneys Office
Cebu City, Cebu
On Behalf of Defendant JOAQUIN S. TUAZON:

ATTY. PEDRO PENDUKO Of Penduko-Makiling Law Associates
Suite 800 910 17th Street, N.W. Washington, Cebu City
Tel: (202) 223-8888 Fax: (202) 223-8677
PROCEEDINGS
(10:32 a.m.)
Q : Mr. Witness, how are you employed? In other words, what is your profession?
A : I am a bona fide member of the Philippine Drug Enforcement Agency (PDEA).
Q : What is your rank as a member of the PDEA?

A : Enforcer 3 sir.
Q : How long have you been in the service as an enforcer?

A : I have been in service for almost 10 years now. I started since 2007.
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Q : Where are you designated, Mr. Witness?

A : I am currently designated at the PDEA Office, Guadalupe Viejo, Cebu City.
Q : How long have you been in your present station, Mr. Witness?
A : It is just a week your honor. Ive been transferred here from Digos City, Davao
del Sur to undergo training.
Q : On the 28th of February 2017, were you working?

A : Yes, your Honor.
Q : Were you assigned any task on that day?

A : I was assigned to go to Mabini Extension, Digos to conduct a buy bust
operation
together with other operatives.
Q : Can you describe to us what you saw when you arrived at Mabini Extension?
A : At around 7 pm, I saw a group of men in a corner, one of whom was sitting and
holding a barbeque stick with a plastic inserted at one of its end which I
suspected
to contain shabu.
Q : Can you describe further what the man was holding?

A : That was roughly around 5 x plastic, your honor.
Q : During that time, did you know what was contained in the plastic?
A : I suspected it to contain shabu your honor due to the familiarity of the usual
paraphernalia for the use of such prohibited drug.
Q : What did you do next when you suspected that the content of the plastic was
shabu?
A : I approached him and identified myself as a PDEA Enforcer and confiscated the
plastic sachet and proved that my suspicion was correct.
Q : When you proved that the content of the plastic was in fact shabu, was the arrest
of the man effected?
A : Yes, your honor.
Q : What transpired when you arrested him?

A : He identified himself as Joaquin Tuazon. Thereafter, I informed him of his
constitutional rights.
Q : Did he make any response regarding his constitutional rights?

A : None, your Honor.
Q : Which police station did you bring the accused to?

A : I brought him to the Digos City Police Station.
Q : Upon arrival at the Digos City Police Station, what happened to the confiscated
items?
A : I submitted it to the desk officer on duty who then submitted the same to the
laboratory for analysis.
Q : Mr. witness, do you remember having executed any statement regarding this
case?
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A : Yes, your honor.
ENDED AT 11:00 A.M.
I, ATTY. RICHARD ALDEN, a notary public, do hereby certify that the

within named, FRANCISCO RIVERA, personally appeared before me at the
time herein set according to law and was interrogated by counsel.
I further certify that the stipulations contained herein were entered

into by counsel in my presence.
I further certify that I am not of counsel to any of the parties, noy an

employee of counsel, nor related to any of the parties, nor in any way
interested to the outcome of this action.
AS WITNESS my hand and notarial seal this 6th day of March, 2017 at
PDEA Regional Office, Cebu City, Cebu.
ATTY. RICHARD ALDEN

Notary Public
Submitted by:
Degamo, Ma. Fiona Stephanie

Gealon, Jo-al
Lana, Roxanne Diane
Magallanes, John Ian
Olaivar, Rhea
Palao, Elvin
Salao, Joy

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Page 1 of 3

REPUBLIC OF THE PHILIPPINES

PEOPLE OF THE CRIM. CASE NO. 301(2017)

- Versus - For: Violation of Section 5

On Behalf of Defendant JOAQUIN S. TUAZON:

Q : What is your rank as a member of the PDEA?

Q : How long have you been in the service as an enforcer?

Q : Where are you designated, Mr. Witness?

Q : On the 28th of February 2017, were you working?

Q : Were you assigned any task on that day?

Q : Can you describe further what the man was holding?

Q : What transpired when you arrested him?

Q : Did he make any response regarding his constitutional rights?

Q : Which police station did you bring the accused to?

A : Yes, your honor.

ENDED AT 11:00 A.M.

I, ATTY. RICHARD ALDEN, a notary public, do hereby certify that the

I further certify that the stipulations contained herein were entered

I further certify that I am not of counsel to any of the parties, noy an

ATTY. RICHARD ALDEN

Degamo, Ma. Fiona Stephanie

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