AO-minalabog and Salgado

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Republic of the Philippines )

Province of Samar ) S.S


X------------------X

AFFIDAVIT OF TEAM LEADER/ARRESTING OFFICER

I, INTELLIGENCE OFFICER 2 (IO2) KINGSLEY T CERRO, of legal age, Filipino,


married and a bonafide member of the Philippine Drug Enforcement Agency (PDEA, for
brevity) and presently assigned at PDEA Regional Office 8 – Samar Provincial Office with an
office address at Sports Center, Brgy. Capoocan, Calbayog City, Samar, after having been
sworn to in accordance with law, do hereby depose and state the following, to wit:

1. That I, AGENT KINGSLEY T CERRO (Agent Cerro for brevity), was the Team
Leader and Arresting Officer of the joint elements of PDEA RO8-Samar
Provincial Office (PDEA8-SPO) and PNP Calbayog City CPS Operatives that
conducted a buy-bust operation which resulted to the arrest of KENNETH ALVIN
SALGADO @DAP (@Dap for brevity) and MICHAEL MINALABAG y
TORCOLAS (@Michael for brevity) on or about 2115H September 01, 2019 in
Brgy. Carayman, Calbayog City, Samar;

2. Prior to the conduct of the Buy-bust operation, as preliminaries I state:

a. That on or about 1900H September 01, 2019 at the PDEA RO8-Samar


Provincial Office (PDEA RO8-SPO, for brevity) located at Sports Center, Brgy.
Capoocan, Calbayog City, I, Agent Cerro conducted a briefing with the aid of a
Confidential Informant (CI for brevity) for a possible buy-bust operation against
a certain Kenneth @Dap and his cohort identified also by the CI as Michael
Minalabag. During the said briefing I relayed the information received from the
CI regarding the illegal drug activities of the above-mentioned suspects.
Allegedly the said suspects are engaged in selling illegal drugs particularly
“shabu” in Brgy. Carayman, Calbayog City;

b. During the briefing, I designated Agent Quinne Hazel S. Almendral (Agent


Almendral for brevity) as the Poseur-buyer and at the same time the Evidence
Custodian, while the rest of the team as the perimeter security/back-up team;

c. I, Agent Cerro likewise disclosed that the CI has already gained the trust and
confidence of the suspects. In fact, a pre-arranged transaction has been set
wherein the suspects would sell “shabu” to whomever the CI will introduce as
buyer of “shabu”. The illegal drug transaction will transpire at near PETRON Gas
Station along the Highway in Brgy. Carayman, Calbayog City, Samar;

d. The team also agreed that the pre-arranged signal for Agent Almendral to
execute to signify that the sale of illegal drug is already consummated was for
her (Agent Almendral) to dial/miscall my cellular phone number (Agent
Cerro);

e. Before the end of the briefing, I, Agent Cerro handed to Agent Almendral a one
(1) pc. genuine Five Hundred Peso bill (Php 500.00) bearing serial numbers
KH830181 which upon receipt she then marked the same with QHA on the lower
right corner of the front face portion of the bill to be used as marked buy-bust
money;

3. That on or about 2000H of the same day, our team, together with the CI then left
PDEA8-SPO as I, Agent Cerro subsequently coordinated with PDEA8 Regional
Headquarters (PDEA8-RHQ) and proceeded to Brgy. Carayman, Calbayog City,
Samar for the conduct of a possible buy-bust operation against the suspects
Kenneth @Dap and Michael Minalabag (Pre Operation Report and Authority
to Operate Control Number 20001-092019-0011);
4. That, after arriving at Brgy. Carayman, Calbayog City, the Operating Team
surveyed and cased first the pre-agreed place of transaction which was just
along the Highway near PETRON Gas Station while waiting for confirmation from
the suspects for the CI and Agent Almendral to proceed to the same;

5. That, the Operating Team strategically positioned near the pre-agreed place of
transaction where I then, upon receiving confirmation from the suspects, thru the
CI, gave the order for Agent Almendral and the CI to alight from our service
vehicle and on foot proceed they (agen Almebndral and the CI) to the pre-agreed
place of transaction;

6. That, the Operating Team inside the service vehicle parked along the same
highway a few meter’s distance away waited for a short while wherein
immediately after receiving a call/miscall from the cellular phone number of
Agent Almendral signaling that the sale of illegal drug is already consummated,
I gave the order for the Operating Team to proceed to Agent Almendral’s
location and arrest the suspects;

7. That upon arriving at Agent Almendral’s exact location I and the rest of the
Operating Team alighted from the service vehicle wherein I saw one of the
suspects fleeing towards the dark and vegetated area of the place and that
together with some members of the Operating Team we caught up with the
suspect which later we came to know as @Dap;

8. However, the suspect, @Dap was violently and aggressively resisting arrest,
swinging and throwing his arms around even shoving some members of the
Team. He was likewise shouting and cursing at us which rendered necessary
for the Operating Team to use needed and reasonable force to subdue and
secure the suspect @Dap. Due to the commotion and the force used, the
suspect @ Dap inadvertently dropped to the road hitting his head to the
pavement causing some physical injuries to him;

9. That, after being able to subdue and securing both suspects @Dap and
@Michael, as a standard operating procedure, I, Agent Cerro conducted a
bodily search first on the suspect KENNETH ALVIN SALGADO for any
concealed weapon but instead was able to recover from the same right hand side
pocket of the board-short the suspect was wearing, one (1) pc. medium heat
sealed transparent plastic sachet containing white crystalline substance
suspected to be shabu which I then immediately turned-over to Agent
Almendral. The same bodily search and purpose was also conducted by me to
the other suspect MICHAEL MINALABOG y TORCOLAS and recovered from
him a one (1) pc. small heat sealed transparent plastic sachet containing white
crystalline substance suspected to be shabu inserted between his right side hip
and undergarment which I also then immediately turned-over to Agent Almendral;

10. That, I, Agent Cerro informed the arrested suspects KENNETH ALVIN
SALGADO @Dap and MICHAEL MINALABOG y TORCOLAS on the nature of
their offenses and cause of their arrest and informed them of their Constitutional
Rights under the Miranda Doctrine, in a language known to them;

11. That, KENNETH ALVIN SALGADO @Dap and MICHAEL MINALABOG y


TORCOLAS were arrested by virtue of a buy-bust operation on or about 2115H
September 01, 2019 in Brgy. Carayman, Calbayog City, Samar;

12. That, at the place of arrest and in the presence of the arrested suspects
KENNETH ALVIN SALGADO @Dap and MICHAEL MINALABOG y
TORCOLAS, as well as witnesses Ms. Eleen S. Lim of DYOG, a Media
Representative and Hon. Kgd. Anastacio Bernadit, an Elected Barangay
Official of Brgy. Carayman, Calbayog City, Samar, Agent Almendral conducted
the markings and physical inventory of the seized drug and non-drug evidence,
to wit: one (1) pc. small heat-sealed transparent plastic sachet containing white
crystalline substance suspected to be shabu as QHA-BB 09/01/2019 with
signature (subject of sale), one (1) pc. small heat-sealed transparent plastic
sachet containing white crystalline substance suspected to be shabu as QHA-1M
09/01/2019 with signature (subject of possession) and one (1) pc. medium heat-
sealed transparent plastic sachet containing white crystalline substance
suspected to be shabu as QHA-1K 09/01/2019 with signature (subject of
possession). And that, despite our earnest effort to come up with a
witness/representative from the NPS, unfortunately we were not able to get in
touch with any due to the lateness of the hour. All were properly entered into the
Certificate of Inventory and that the same witnesses signed the Certificate of
Inventory and were furnished copies thereof. Meanwhile, the suspect refused to
sign the same document;

13. That, the provision of Sec. 21 of R.A. 9165 as amended by R.A. 10640 was duly
complied with;

14. That thereafter, the entire of the Operating Team together with the arrested
suspects left the place of arrest and proceeded to the PNP Calbayog City CPS
for further processing and proper disposition of the arrested suspects KENNETH
ALVIN SALGADO @Dap and MICHAEL MINALABOG y TORCOLAS and
preparation of necessary documents for the filling of cases against the same;

15. That, Agent Almendral prepared a Laboratory Request addressed to the Duty
Chemist of PDEA RO8 Laboratory Service for the conduct of laboratory
examination on the purchased and seized drug pieces of evidence;

16. That, Agent Almendral submitted the purchased and seized pieces of drug
evidence to the PDEA RO8 Laboratory Service for laboratory examination which
yielded POSITIVE result for the presence of Methamphetamine Hydrochloride
locally known as shabu, a dangerous drug, as reflected in the Chemistry Report
no. PDEARO8-19-0035;

17. That I am executing this affidavit to attest to the veracity and truthfulness of the
foregoing facts and to support our charges against the arrested suspect
KENNETH ALVIN SALGADO @Dap and MICHAEL MINALABOG y
TORCOLAS for Violation of Sec. 5, Sec. 11 and Sec. 26 para b, Art II of RA
9165;

IN WITNESS WHEREOF, I have hereunto affixed my signature this 3rd day of


September, 2019 in Calbayog City, Samar, Philippines.

IO2 KINGSLEY T CERRO


Affiant

SUBSCRIBED AND SWORN to before me this 3rd day of September, 2019 in


Calbayog City, Samar, Philippines. I HEREBY CERTIFY that I have personally
examined the affiant and I am satisfied that he voluntarily executed and fully understood
his affidavit.

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