Republic of the Philippines

SUPREME COURT
REGIONAL TRIAL COURT
Eight Judicial Region
Branch 37 (Caibiran)
Naval, Biliran

PEOPLE OF THE PHILIPPINES

Plaintiff, SEARCH WARRANT NR.CB-12-12

-versus- FOR: ILLEGAL POSSESSION OF

FIREARMS AND
AMMUNITIONS
PEDRO V. ALVERIO, SR.
X - - - - - - - - - - - - - - - - - -X

RETURN OF SERVICE OF SEARCH WARRANT

Respectfully returned to this Honorable Court the herein SEARCH WARRANT NR. CB
12-12 dated December 27, 2012 with the information that the same was duly served at around
6:00 O’clock in the morning more or less of JANUARY 3, 2013 at the farm house of PEDRO V.
ALVERIO, situated at Brgy. Maurang, Caibiran, Biliran. During the conduct of the search, it
was found out that the 12 gauge shotgun and pistol which are the subject of the search warrant
were still covered with firearms license numbers 41243211596672 and 0412432100686591,
respectively, both issued on July 8, 2012 and to expire on June 29, 2013 and in contrast to the
record/list of unrenewed/expired firearms license distributed by Biliran Police Provincial Office,
Brgy. Larrazabal, Naval, Biliran to lower units/stations and the basis in applying for the
aforesaid search warrant.

The searching team left the scene peacefully leaving behind to the owner/occupant Mr.
Pedro V Alverio, Sr the above said firearms for his legal possession until expiration of his
license.

RESTITUTO A REGLOS
Chief of Police
 Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
CAIBIRAN POLICE STATION
Caibiran, Biliran

MEMORANDUM :

FOR : Regional Director

Police Regional Office 8
Camp Kangleon, Palo, Leyte
(ATTN: OROPD/FESAGSS)

FROM : Chief of Police

Caibiran Police Station

SUBJECT : Firearm Registration Verification Request for;

DATE : 19 March 2009

________________________________________________________________________

1. Respectfully request for verification (if Licensed or unlicensed) of the following

described exhibit seized during the conduct of Raid by this station OOA 190530 March 09 at the
house of JONATHATN MUTYA ALIAS ATAN AT Brgy. Tomalistis, Caibiran, Biliran for
Illegal Possession of firearms and ammunition by virtue of Search Warrant Nr. CB 09-10 dated
18 March 2009 issued by Hon, Pepe P Domael, Executive Judge, RTC Br. 37 Hall of Justice,
Naval, Biliran to wit;

1.) One (1) pc. Automatic Pistol Cal. 9mm LUGER (Machine pistol)
Model KG 9 with markings “INTEROYNAMIC MIAMI
FL” SERIAL NR. 274156
2.) One (1) pc. Magazine Assembly for 9mm Luger Machine Pistol
3.) Nineteen (19) rounds live ammunitions for cal. 9mm

2. Further request appropriate action and feedback.

3. Request acknowledge receipt.

RENECIO L RAQUIPO
Police Senior Inspector
 RAD MSG FOR TRANS

P- 030800H
FM: COP CAIBIRAN PS
TO: PD BPPO
CN: CAIPSC-0103-02 -13 SPOT REPORT RE SERVICE OF SEARCH WARRANT PD RQST
BE INFORMED THAT OOA 030600H JAN 2013 TEAM FM THIS OFFICE LED BY PSI
RESTITUTO A REGLOS SERVED A SEARCH WARRANT NR NO. CB 12-12 DATED
DECEMBER 27, 2012 ISSUED BY HON. CONSTANTINO F ESBER, PRESIDING JUDGE
OF RTC BRANCH 37, (CAIBIRAN), NAVAL, BILIRAN FOR VIOLATION OF RA 8294
(ILLEGAL POSSESSION OF FIREARMS AND AMMUNITIONS) AT THE HOUSE AND
PREMISE OF PEDRO ALVERIO Y VERUNQUE PARTICULARLY SITUATED AT HIS
FARM HOUSE AT BRGY MAURANG CMA CAIBIRAN CMA BILIRAN PD HOWEVER
CMA DURING THE CONDUCT OF THE SEARCH CMA IT WAS FOUND OUT THAT THE
FIREARMS CMA A 12 GAUGE SHOT GUN AND A 9MM PISTOL WHICH ARE THE
SUBJECT OF THE SEARCH WARRANT WERE STILL COVERED WITH FIREARMS
LICENSE NR 41243211596672 AND 0412432100686591 CMA RESPECTIVELY BOTH
ISSUED ON JULY 8 CMA 2012 AND TO EXPIRE ON JUNE 29 CMA 2013 WHICH ALSO
IN CONTRAST WITH THE LIST OF UNRENEWED FAS DISTRIBUTED TO LOWER
UNITS AND THE BASIS IN APPLYING FOR THE AFORESAID SEARCH WARRANT PD
SPECIAL REPORT WILL FOLLOW PD END BT . . .

__________________PSI RESTITUTO A REGLOS/COP

RAD MSG FOR TRANS

P- 030800H
FM: COP CAIBIRAN PS
TO: PD BPPO
CN: CAIPSC-0103-02 -13 SPOT REPORT RE SERVICE OF SEARCH WARRANT PD RQST
BE INFORMED THAT OOA 030600H JAN 2013 TEAM FM THIS OFFICE LED BY PSI
RESTITUTO A REGLOS SERVED A SEARCH WARRANT NR NO. CB 12-12 DATED
DECEMBER 27, 2012 ISSUED BY HON. CONSTANTINO F ESBER, PRESIDING JUDGE
OF RTC BRANCH 37, (CAIBIRAN), NAVAL, BILIRAN FOR VIOLATION OF RA 8294
(ILLEGAL POSSESSION OF FIREARMS AND AMMUNITIONS) AT THE HOUSE AND
PREMISE OF PEDRO ALVERIO Y VERUNQUE PARTICULARLY SITUATED AT HIS
FARM HOUSE AT BRGY MAURANG CMA CAIBIRAN CMA BILIRAN PD HOWEVER
CMA DURING THE CONDUCT OF THE SEARCH CMA IT WAS FOUND OUT THAT THE
FIREARMS CMA A 12 GAUGE SHOT GUN AND A 9MM PISTOL WHICH ARE THE
SUBJECT OF THE SEARCH WARRANT WERE STILL COVERED WITH FIREARMS
LICENSE NR 41243211596672 AND 0412432100686591 CMA RESPECTIVELY BOTH
ISSUED ON JULY 8 CMA 2012 AND TO EXPIRE ON JUNE 29 CMA 2013 WHICH ALSO
IN CONTRAST WITH THE LIST OF UNRENEWED FAS DISTRIBUTED TO LOWER
UNITS AND THE BASIS IN APPLYING FOR THE AFORESAID SEARCH WARRANT PD
SPECIAL REPORT WILL FOLLOW PD END BT . . .

__________________PSI RESTITUTO A REGLOS/COP

 RAD MSG FOR TRANS

P- 030800H
FM: COP CAIBIRAN PS
TO: PD BPPO
CN: CAIPSC-0103-02 -13 SPOT REPORT RE SERVICE OF SEARCH WARRANT PD RQST
BE INFORMED THAT OOA 030600H JAN 2013 TEAM FM THIS OFFICE LED BY PSI
RESTITUTO A REGLOS SERVED A SEARCH WARRANT NR NO. CB 12-12 DATED
DECEMBER 27, 2012 ISSUED BY HON. CONSTANTINO F ESBER, PRESIDING JUDGE
OF RTC BRANCH 37, (CAIBIRAN), NAVAL, BILIRAN FOR VIOLATION OF RA 8294
(ILLEGAL POSSESSION OF FIREARMS AND AMMUNITIONS) AT THE HOUSE AND
PREMISE OF PEDRO ALVERIO Y VERUNQUE PARTICULARLY SITUATED AT HIS
FARM HOUSE AT BRGY MAURANG CMA CAIBIRAN CMA BILIRAN PD HOWEVER
CMA DURING THE CONDUCT OF THE SEARCH CMA IT WAS FOUND OUT THAT THE
FIREARMS CMA A 12 GAUGE SHOT GUN AND A 9MM PISTOL WHICH ARE THE
SUBJECT OF THE SEARCH WARRANT WERE STILL COVERED WITH FIREARMS
LICENSE NR 41243211596672 AND 0412432100686591 CMA RESPECTIVELY BOTH
ISSUED ON JULY 8 CMA 2012 AND TO EXPIRE ON JUNE 29 CMA 2013 WHICH ALSO
IN CONTRAST WITH THE LIST OF UNRENEWED FAS DISTRIBUTED TO LOWER
UNITS AND THE BASIS IN APPLYING FOR THE AFORESAID SEARCH WARRANT PD
SPECIAL REPORT WILL FOLLOW PD END BT . . .

__________________PSI RESTITUTO A REGLOS/COP

RAD MSG FOR TRANS

P- 030800H
FM: COP CAIBIRAN PS
TO: PD BPPO
CN: CAIPSC-0103-02 -13 SPOT REPORT RE SERVICE OF SEARCH WARRANT PD RQST
BE INFORMED THAT OOA 030600H JAN 2013 TEAM FM THIS OFFICE LED BY PSI
RESTITUTO A REGLOS SERVED A SEARCH WARRANT NR NO. CB 12-12 DATED
DECEMBER 27, 2012 ISSUED BY HON. CONSTANTINO F ESBER, PRESIDING JUDGE
OF RTC BRANCH 37, (CAIBIRAN), NAVAL, BILIRAN FOR VIOLATION OF RA 8294
(ILLEGAL POSSESSION OF FIREARMS AND AMMUNITIONS) AT THE HOUSE AND
PREMISE OF PEDRO ALVERIO Y VERUNQUE PARTICULARLY SITUATED AT HIS
FARM HOUSE AT BRGY MAURANG CMA CAIBIRAN CMA BILIRAN PD HOWEVER
CMA DURING THE CONDUCT OF THE SEARCH CMA IT WAS FOUND OUT THAT THE
FIREARMS CMA A 12 GAUGE SHOT GUN AND A 9MM PISTOL WHICH ARE THE
SUBJECT OF THE SEARCH WARRANT WERE STILL COVERED WITH FIREARMS
LICENSE NR 41243211596672 AND 0412432100686591 CMA RESPECTIVELY BOTH
ISSUED ON JULY 8 CMA 2012 AND TO EXPIRE ON JUNE 29 CMA 2013 WHICH ALSO
IN CONTRAST WITH THE LIST OF UNRENEWED FAS DISTRIBUTED TO LOWER
UNITS AND THE BASIS IN APPLYING FOR THE AFORESAID SEARCH WARRANT PD
SPECIAL REPORT WILL FOLLOW PD END BT . . .

__________________PSI RESTITUTO A REGLOS/COP

CONDUCTED RAID AT THE HOUSE OF ONE JONATHAN MUTYA Y CAÑETE ALIAS
ATAN CMA 32 YRS OLD CMA MARRIED CMA SITUATED AT BRGY TOMALISTIS
CMA CAIBIRAN CMA BILIRAN BY VIRTUE OF SEARCH WARRANT NR CB-09-10
DATED 18 MARCH 09 FOR ILL POSSN OF FAS AND AMMOS ISSUED BY HON PEPE P
DOMAEL CMA EXEC JUDGE CMA RTC BR 37 CMA HALL OF JUSTICE CMA NAVAL
CMA BILIRAN PD SAID RAID YIELDED TO THE CONFISCATION AND SIEZURE OF
THE FF ITEMS CLN ONE 1(1) PC AUTOMATIC PISTOL CAL 9MM LUGER (MACHINE
PISTOL) WITH SERIAL NR 274156 SMCLN ONE (1) PC MAGS ASSY FOR CAL 9MM
MACHINE PISTOL SMCLN NINETEEN (19) RDS LIVE AMMOS FOR CAL 9MM PD SAID
SEARCH AND SIEZURE WAS WITNESSED BY BRGY KAGAWADS JIMMY B DEDIL
CMA ROSALIA P TENOLETE AND FELICIDAD S GASPAY OF BRGY TOMALISTIS
CAIBIRAN CMA BILIRAN PD SUBJECT JONATHAN MUTYA ALIAS ATAN IS NOW
DETAINED AT THIS OFFICE FOR PROPER DISPOSITION PD CASE FOR ILL POOSN OF
FAS AND AMMOS IS NOW BEING PREPARED FOR FILING IN CRT PD OFFR ON CASE
SPOI VIC R VIROS PD PROG RPT FOLLOWS PD END

PSI RENENCIO L RAQUIPO CMA COP _______________/ina

________________________________________________________________________
P- 190800H
FM: COP CAIBIRAN PS
TO: PD BPPO
CN: CAIPSC-0319-10-09 SPOT REPORT PD RQST BE INFORMED THAT OOA 190530
MARCH 09 TEAM FM THIS OFFICE LED BY PSI RENENCIO L RAQUIPO CONDUCTED
RAID AT THE HOUSE OF ONE JONATHAN MUTYA Y CAÑETE ALIAS ATAN CMA 32
YRS OLD CMA MARRIED CMA SITUATED AT BRGY TOMALISTIS CMA CAIBIRAN
CMA BILIRAN BY VIRTUE OF SEARCH WARRANT NR CB-09-10 DATED 18 MARCH
09 FOR ILL POSSN OF FAS AND AMMOS ISSUED BY HON PEPE P DOMAEL CMA
EXEC JUDGE CMA RTC BR 37 CMA HALL OF JUSTICE CMA NAVAL CMA BILIRAN
PD SAID RAID YIELDED TO THE CONFISCATION AND SIEZURE OF THE FF ITEMS
CLN ONE 1(1) PC AUTOMATIC PISTOL CAL 9MM LUGER (MACHINE PISTOL) WITH
SERIAL NR 274156 SMCLN ONE (1) PC MAGS ASSY FOR CAL 9MM MACHINE PISTOL
SMCLN NINETEEN (19) RDS LIVE AMMOS FOR CAL 9MM PD SAID SEARCH AND
SIEZURE WAS WITNESSED BY BRGY KAGAWADS JIMMY B DEDIL CMA ROSALIA P
TENOLETE AND FELICIDAD S GASPAY OF BRGY TOMALISTIS CAIBIRAN CMA
BILIRAN PD SUBJECT JONATHAN MUTYA ALIAS ATAN IS NOW DETAINED AT THIS
OFFICE FOR PROPER DISPOSITION PD CASE FOR ILL POOSN OF FAS AND AMMOS
IS NOW BEING PREPARED FOR FILING IN CRT PD OFFR ON CASE SPOI VIC R VIROS
PD PROG RPT FOLLOWS PD END

PSI RENENCIO L RAQUIPO CMA COP _______________/ina

Republic of the Philippines

Department of the Interior and Local Government
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
CAIBIRAN POLICE STATION
Caibiran, Biliran

CAIPS- 19 March 2009

EXTRACT COPY FROM THE POLICE BLOTTER

TO WHOM IT MAY CONCERN:

THIS IS TO CERTIFY that the following is an excerpt officially entered into the
Police Blotter of Caibiran Police Station, Caibiran, Biliran, the following data exist:

Entry No. : 2253

Date : 03-19-09
Time : 0740H
EVENTS/INCIDENTS:
At around 4:00 o’clock in the morning of March 19, 2009 PNP elements of Caibiran
Police Station, Caibiran, Biliran led by PSI RENENCIO L RAQUIPO, Chief of Police
proceeded to Brgy Tomalistis, Caibiran, Biliran to effect Search Warrant No. 09-10 against
JONATHAN MUTYA alias ATAN who is particularly residing at BrgyTomalistis, Caibiran,
Biliran , for Illegal Possession of Firearms and Ammunitions, dated 18 March 2009 issued by
Honorable Pepe P. Domael, Executive Judge of Regional Trial Court (RTC) Branch 37,
(Caibiran), Naval, Biliran. The team arrived to the house of the subject of Search Warrant at
around 5:30 o’clock of same date together with three Brgy Kagawad of Brgy Tomalistis,
Caibiran, Biliran, Hon. Jimmy B. Dedil, Hon. Rosalia P. Tenolete and Hon. Felicidad Gaspay,
and after reading the content of the Search Warrant which was translated into the dialect which
subject person understand, the team duly served the said Search Warrant in the premises of the
house of Jonathan Mutya alias Atans which yielded to the confiscation and seizure of the
following items to wit;
1. one (1) piece Automatic Pistol Caliber 9mm LUGER Model KG9 with
Markings “ INTEROYNAMIC MIAMI FL” SERIAL NR 274156
2. ONE (1) Magazine Assembly for 9MM LUGER
3. Nineteen (19) rounds Live Ammunition for Caliber 9mm.
Said suspect was immediately placed under arrest and was duly informed of his
constitutional rights provided for under the 1987 constitution. The team have conducted the raid
in an orderly and peaceful manner, no one was hurt nor there were anything lost or taken without
proper receipt. After accounting of seized/confiscated items, a proper receipt of seized items was
been duly issued and was duly witnessed by the herein suspect and Brgy Kagawads Dedil,
Tenolete and Gaspay, the team returned station at around 7:30 o’clock in the morning of same
date. Suspect Jonathan Mutya y Canete alias Atan, 32 years old, married was brought to this
office and now detained for further disposition. Confiscated/seized items is now at the costudy of
the Chief of Police and was subsequently brought to Hon. Pepe P. Domael, Executive Judge of
RTC Branch 37. For record purpose Recorded by:
(SGD) SPO1 Vic R Viros,PNP

CERTIFIED CORRECT:

PSI RENENCIO LAZARO RAQUIPO PNP

Chief of Police

Republic of the Philippines)

PROVINCE OF BILIRAN )S.S.
Municipality of Caibiran
X - - - - - - - - - - - - - - - - - -X

JOINT AFFIDAVIT OF ARREST

WE, PSI RENENCIO L RAQUIPO, PO3 Mario Delan G Lee, PO2 Felmin S Regir, PO2
Edgar Sinangote and PO1 Greg A Satorre, both of legal age, married and residents of Kasell
City Subdivision Tacloban City, Brgy Palenque, Brgy Villa Vicenta, Brgy Manlabang all of the
municipality of Caibiran, Biliran and Brgy Concepcion, Ormoc City respectively, after having
been duly sworn to in accordance with the law, hereby depose and say the following, to wit:

1. That we are regular members of the Philippine National Police presently assigned at
Caibiran Police Station, Caibiran, Biliran;

2. That at around 4:00 o’clock in the morning of March 19, 2009 we proceeded to Brgy
Tomalistis, Caibiran, Biliran to conduct search on the person and premises of the house of
Jonathan Mutya alias Atan subject of the search where subject particularly resides;

3. That on or about 5:30 o’clock in the morning of March 19, 2009, our team entered the
said premises and announced our purpose to conduct search and seizure by virtue of Search
Warrant No. 09-10, dated 18 March 2009, issued by Regional Trial Court Br. 37 Executive
Judge HON. PEPE P. DOMAEL for Violation of RA 8294;
 4. That before the search was conducted, our team leader PSI RENENCIO L RAQUIPO
read the Search Warrant and interpreted into the dialect duly understood by them;

5. That likewise, subject was apprised of their rights as provided for under the law;

6. That in the presence of three witnesses, Brgy Kagawad Jimmy B. Dedil, Hon. Rosalia
P. Tenolete and Hon. Felicidad Gaspay and the subject person Jonathan Mutya alias Atan, we
started our search;

7. That upon careful search, we found and seized the following items inside the house of
Jonathan Mutya alias Atan to wit;
1. one (1) piece Automatic Pistol Caliber 9mm LUGER Model KG9 with
Markings “INTEROYNAMIC MIAMI FL SERIAL NR 274156
2. One (1) Magazine Assembly for 9mm LUGER
3. Nineteen (19) rounds Live Ammunition for Caliber 9mm

8. That in connection with the said seizure of illegal items, we immediately effect the
arrest of subject Jonathan Mutya alias Atan for Violation of RA 8294 and further informed him
of the Miranda Doctrine.

9. Confiscated items were properly accounted and marked in the presence of witnesses
together with the suspects and a proper receipt of seized items was issued in which the aforesaid
suspect refused to sign the mentioned seizure receipt;

10. That we brought Jonathan Mutya alias Atan to Caibiran Police Station, Caibiran,
Biliran and detained while the seized items were brought to the issuing court for compliance of
Return of Service and for them to dealt with as the law directs;

11. That some of the details which the undersigned arresting officers have failed to
mention in this affidavit will be further explained in court.

12. That we are executing this joint affidavit in order to attest the truthfulness of the
foregoing statements freely and voluntarily and to our desire to file a case for Violation of RA
8294 for Illegal Possession of Firearms and Ammunitions

IN WITNESS WHEREOF, we hereunto affixed our signatures this 19th day of March
2009, at Caibiran, Biliran, Philippines.

PSI RENENCIO L RAQUIPO PO3 Mario Delan G Lee

(Affiant) (Affiant)

PO2 Felmin S Regir PO2 Edgar R Sinangote

(Affiant) (Affiant)

PO1 Greg A Satore

(Affiant)

SUBSCRIBED AND SWORN to before me this ____day of March 2009, at Naval,

Biliran, Philippines.
Republic of the Philippines)
PROVINCE OF BILIRAN )S.S.
Municipality of Caibiran
X - - - - - - - - - - - - - - - - - -X

JOINT AFFIDAVIT OF WITNESS

We, JIMMY B. DEDIL, ROSALIA TENOLETE and FELICIDAD GASPAY, of legal

age, married, Filipinos and residents of Brgy Tomalistis, Caibiran, Biliran after having been duly
sworn to in accordance with law hereby depose and say the following, to wit:

1. That we are elected Brgy Kagawad of Brgy Tomalistis, Caibiran, Biliran;

2. That at around 5:30 o’clock in the morning more or less of March 19, 2009, while we
were in our Brgy we were requested by PNP Personnel of Caibiran Police Station, Caibiran to
witness a Search and Seizure Operation on the person and premises of the house of Jonatahn
Mutya alias Atan who is a resident of our Brgy;

3. That the team was led by PSI RENENCIO L RAQUIPO, Chief of Police of Caibiran
Police Station, Caibiran, Biliran who showed to us the Search Warrant No. 09-10 , against
JONATAHN MUTYA alias ATAN, dated 18 March 2009, issued by RTC Br. 37 Judge HON.
PEPE P. DOMAEL for ILLEGAL POSSESSION OF FIREARMS AND AMMUNITIONS;

4. Compelled with our sworn duties and responsibilities being Brgy Kagawad, we joined
the group who proceeded and entered the said premises of Jonathan Mutya alias Atan for the
purpose of witnessing the conduct of search and seizure upon his person and premises of his
house;

5. That before the search was conducted, the team leader PSI RENENCIO L RAQUIPO
read the Search Warrant and interpreted into the dialect duly understood by him;
 6. That subject person JONATHAN MUTYA was apprised of his rights as provided for
under the law;

7. That after which we carefully and keenly observed and witnessed the searching team
who conducted the search and seizure in an orderly and peaceful manner of which we clearly
saw the following items inside the house of Jonatahn Mutya alias Atan to wit;
1. one (1) piece Automatic Pistol Caliber 9mm LUGER Model KG9 with
Markings “INTEROYNAMIC MIAMI FL SERIAL NR 274156
2. One (1) Magazine Assembly for 9mm LUGER
3. Nineteen (19) rounds Live Ammunition for Caliber 9mm

8. That in connection with the said seizure of illegal items, Jonathan Mutya alias Atan
was immediately placed under arrest for Illegal Possession of Firearms and Ammunitions and
further informed him of his constitutional rights;

9. After the search, confiscated items were properly accounted and marked in our
presence together with the suspects and a proper receipt of seized items were issued and was
duly witnessed and signed by us in which we further certify that the aforesaid suspects refused to
sign the mentioned seizure receipt;

10.. That Jonathan Mutya alias Atan including the seized items were brought to Caibiran
Police Station, Caibiran, Biliran;

11. That this affidavit was read and translated to us in waray-waray, a dialect we
understand most.

12. We executed this affidavit freely and voluntarily, never been forced nor coerced but
purely to attest the truthfulness of the foregoing statement;

IN WITNESS WHEREOF, we hereunto affixed our signatures this 19th day of March
2009, at Caibiran, Biliran, Philippines.

JIMMY B. DEDIL ROSALIA D.TENOLETE FELICIDAD S. GASPAY

(Affiant) (Affiant) (Affiant)

SUBSCRIBED AND SWORN to before me this ____day of March 2009, at Naval,

Biliran, Philippines.
 Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
Caibiran Police Station
Caibiran, Biliran

19 March 2009

The Provincial Prosecutor

Biliran Provincial Prosecutor’s Office
Brgy. Larrazabal, Naval, Biliran

Sir:

Respectfully referred to your good office for Inquest the herein case for
Violation of RA 8294 for Illegal Possession of Firearms and Ammunitions against
JONATHAN MUTYA alias ATAN and forwarded herewith are the following Exhibits to
wit;

1. Joint Affidavit of Arrest

2. Joint Affidavit of Witness
3.Copy of Search Warrant No. 09-10 dated 18 March 2009
issued by Hon. Pepe P. Domael, Executive Judge of RTC Br. 37
4. Copy of Seizure Receipt
5. Return of Service of Search Warrant
6. Extract Copy from the Police Blotter of Caibiran Police Station
7. Photographs
8. Others.
 RENENCIO L RAQUIPO
Police Senior Inspector
Chief of Police

RAD MSG FOR TRANS

P- 190800H
FM: COP CAIBIRAN PS
TO: PD BPPO
CN: CAIPSC-0320-12-09 PROGRESS REPORT TO OUR RAD MSG CN CAIPSC-0319-10-09
RE ARREST OF JONATHAN MUTYA FOR ILLEGAL POSSESSION OF FIREARMS AND
AMMOS BY VIRTUE OF ALFA SEARCH WARRANT PD RQST BE INFORMED THAT A
CASE FOR VIOLATION OF RA 8294 WAS ALREADY FILED AGAINST JONATHAN
MUTYA Y CANETE ALIAS ATAN IN AN INQUEST PROCEEDINGS BEFORE THE
OFFICE OF THE PROVINCIAL PROSECUTOR HALL OF JUSTICE CMA NAVAL CMA
BILIRAN WITH NPS DOCKET NR VIII-14- INQ- 09C-00009 SUBJECT PERSON IS NOW
DETAINED AT THIS OFFICE PD AFTER OPERATION REPORT FOLLOWS PD END BT. .
PSI RENENCIO L RAQUIPO CMA COP _______________/vrv
 Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
CAIBIRAN POLICE STATION
Caibiran, Biliran

SEIZURE RECIEPT

To Whom It May Concern:

THIS IS TO CERTIFY that the following items/articles were seized by the undersigned
during the conduct of search and seizure operation by virtue of Search Warrant No. CB 12-12
dated December 27, 2012 issued by Hon. Constantino F Esber, Presiding Judge of RTC
Branch 37, (Caibiran), Naval, Biliran for Violation of RA 8294 (Illegal Possession of Firearms
and Ammunitions) to wit;

Date/Time of Seizure: ______________________________________________

Place of Seizure: ___________________________________________________
Arrested Suspect/s: _________________________________________________
_________________________________________________

ITEM NO. QUANTITY/DESCRIPTION REMARKS

_______________________________ __________________________________________
Name and Signature of Owner Name and Signature of Seizing Officer

_________________________________ __________________________________________
Witness Address

__________________________________ __________________________________________
Witness Address

SUBSCRIBED AND SWORN to before me this ____th day of January 2013, at Naval,
Biliran, Philippines

Republic of the Philippines

NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
CAIBIRAN POLICE STATION
Caibiran, Biliran

INVENTORY OF SEIZED ITEMS

HEREWITH is the inventory of the seized items during the conduct of search and
seizure operation by virtue of Search Warrant No. CB 12-12 dated December 27, 2012 issued by
Hon. Constantino F Esber, Presiding Judge of RTC Branch 37, (Caibiran), Naval, Biliran for
Violation of RA 8294 (Illegal Possession of Firearms and Ammunitions) conducted by Personnel
of Caibiran Police Station led by PSI RESTITUTO A REGLOS at
__________________________
________________, at on or about ______________________________ that resulted to the
arrest of as follows:

1. ___________________________________________

2. ___________________________________________

EXHIBIT QUANTITY/DESCRIPTION REMARKS

 Signed this ____th day of January 2013, at Caibiran, Biliran.

______________________________
Evidence Costudian

_________________________________ __________________________________________
Witness Address

__________________________________ __________________________________________
Witness Address

SUBSCRIBED AND SWORN to before me this ____th day of January 2013, at Naval,
Biliran, Philippines

Republic of the Philippines

NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
CAIBIRAN POLICE STATION
Caibiran, Biliran

CERTIFICATION OF LEGALLY, PEACEFULLY AND ORDERLY

EXECUTION OF SEARCH WARRANT

To Whom it May Concern:

THIS IS TO CERTIFY that elements of Caibiran Police Station, Caibiran, Biliran have
today _________________________________2012 conducted Search and Seizure in my
residence/premises located at ___________________________________________________ by
virtue of Search Warrant No. CB 12-12, issued by Hon. Constantino F Esber, Presiding
Judge of RTC Branch 37, (Caibiran), Naval, Biliran dated December 27, 2012 for Violation of
RA 8294 (Illegal Possession of Firearms and Ammunitions).

That during the course of their search, they found and recovered the following personal
properties of mine which is the subject of the Search Warrant, to wit;

______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

I FURTHER CERTIFY that the search was done in peaceful, appropriate and orderly
manner and nothing were taken by the searching party aside from those enumerated above.

__________________________________
(Signature over printed name of owner)

SIGNED IN THE PRESENCE OF:

________________________________ _________________________________

SEARCHING PARTY/TEAM LEADER

__________________________

SUBSCRIBED AND SWORN to before me this ____th day of January 2013, at Naval,
Biliran, Philippines
 Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
CAIBIRAN POLICE STATION
Caibiran, Biliran

MEMORANDUM :

FOR : Provincial Director

Biliran PPO

FROM : Chief of Police

Caibiran PS

SUBJECT : After Operation Report re: Arrest of one JONATAHN MUTYA

Y CANETE @ ATAN for Violation of RA 8294 (Illegal
Possession of Firearms and Ammunitions)

DATE :20 March, 2009

________________________________________________________________________

I. AUTHORITY:

1. OPLAN PAGLALANSAG
2. Directive from HHQS intensifying the campaign against all forms of Illegal Activities.
3. Search Warrant No. 09-10 dated 18 March 2009 issued by Hon, Pepe P Domael,
Executive Judge, RTC Br. 37 (Caibiran-Culaba) Hall of Justice, Naval, Biliran

II. MISSION:
 4. To conduct raid/Search and Seizure operation relative to the above references.

III. PERSONNEL INVOLVED:

5. Team Composition:

PSINSP RENENCIO L RAQUIPO PNP --COP Caibiran PS/Team Leader

SPOI Isidoro N Ancero Jr.PNP Investigator/ATL
SPOI Vic R Viros PNP Investigator/member
POIII Mario Delan G Lee Member
POIII Andres V Gonzaga PNP member
POII Filmen S Regir PNP member
POII Edgar R Sinagote PNP member
POI Greg C Satorre PNP member

IV. NARRATIVE:

6. A very reliable information relative to the proliferation of Loose Firearm in the

Municipality of Caibiran have reach to this office wherein one JONATHAN MUTYA Y
CAÑETE alias ATAN a resident of Brgy, Tomalistis, Caibiran, Biliran was reportedly carrying
firearm, and when got drunk resort to illegal discharge of his firearm particularly at night time ,
which eventually disturbed residents of the said place and causes fear, anxiety and nervousness
to the residents thereat. Secondly, according to the reports, Subject person was roaming in their
Barangay carrying with him firearm with unknown caliber.

7. Acting on the said reports, this office conducted a series of surveillance subjected to verify its
veracity whereby subject Jonathan Mutya was confirmed to be possessing and keeping in his
house a firearm with an unknown caliber.

8. On March 18, 2009, This office had successfully secured a Search Warrant Nr.09-10
signed and issued by HON PEPE P DOMAEL, Executive Judge, RTC Br. 37 (Caibiran-
Culaba) Hall of Justice, Naval, Biliran directing any Officer of the Law to Search the Person and
the premises of the House of the Suspect JONATHAN MUTYA Y CANETE alias ATAN
particularly situated at Brgy. Tomalistis, Caibiran, Biliran.

9. Immediately, PSINSP RENENCIO L RAQUIPO, Team Leader conducted briefing

among members of the Team which was formed relative to the aforementioned effect which will
be launched at any opportune time.

10. In the early morning of March 19, 2009 at around 3:00 O’clock, a final briefing was
conducted at Caibiran Police Station, wherein all members of the team tact and were patiently
waiting for the planned action.

11. At around 4:00 AM of March 19, 2009, armed with the above mentioned Search
Warrant, the team proceeded to Brgy Tomalistis, Caibiran, Biliran and waited for the dawn to
come and finally at around 5:30 o’clock of same date together with three Brgy Kagawad of
Brgy Tomalistis, Caibiran, Biliran, Hon. Jimmy B. Dedil, Hon. Rosalia P. Tenolete and Hon.
Felicidad Gaspay, arrived at the house of the subject Jonathan Mutya to serve the Search
Warrant for Illegal Possession of Firearms and Ammunitions. And after reading the content of
the Search Warrant which was translated into the dialect which subject person understand, the
team duly served the said Search Warrant in the premises of the house of Jonathan Mutya alias
Atan which yielded to the confiscation and seizure of the following items to wit;

1. One (1) piece Automatic Pistol Caliber 9mm LUGER Model KG9 with
Markings “ INTEROYNAMIC MIAMI FL” SERIAL NR 274156
2. ONE (1) Magazine Assembly for 9MM LUGER
3. Nineteen (19) rounds Live Ammunition for Caliber 9mm.
 12. Said suspect was immediately placed under arrest and was duly informed of his
constitutional rights provided for under the 1987 constitution. The team conducted the raid in an
orderly and peaceful manner, no one was hurt nor there were anything lost or taken without
proper receipt during the said engagement. After the Search and Seizure, Inventory and marking
of evidence was made. After accounting of seized/confiscated items, a proper receipt of seized
items was been duly issued and was duly witnessed by the herein suspect and Brgy Kagawads
Dedil, Tenolete and Gaspay.

13. Suspect Jonathan Mutya y Canete alias Atan, 32 years old, married was brought to
this office and now detained for further disposition. Confiscated/seized items were immediately
brought to RTC Branch 37 including the Return of Service of SW to be dealt with as the law
direct.

14. Relative to the Seizure of the aforementioned firearm, a request to the Regional
Police Office 8 ( ATTN: OROPD/FESAGSS) for verification of Firearm Registration.

V. EXPENDITURES:

15. Operational Expenses:

a. Surveillance - - - - - - - - - - - P 1,000.00
b. Casing Operation - - - - - - - 2,000.00
c. Private Eye - - - - - - - - - - - 1,000.00
d. Gas/fuel - - - - - - - - - - - - - 2,000.00
e. Miscellaneous - - - - - - - - - 1,500.00
Total - - - - - - - - - - - P7,000.00
==========

VI. RESULT OF OPERATION:

16. A case for Violation of R.A. 8294 (Illegal Possession of Firearms), was filed before
the Provincial Prosecutor’s Office, Hall of Justice, Naval, Biliran with NPS DOCKET NR VIII-
14- INQ- 09C-00009, against detained suspect JONATHAN MUTYA alias ATAN of Brgy
Tomalistis, Caibiran, Biliran.

VII. RECOMMENDATION:

17. Respectfully recommend that MEDALYA NG KASANAYAN be awarded to all

personnel involved in the successful operation which resulted to the arrest of JONATHAN
MUTYA Y CANETE alias ATAN and the recovery of Firearm KG-9 Machine pistol cal. 9mm
with magazine and ammunitions

RENENCIO L RAQUIPO
Police Senior Inspector