Republic of the Philippines )

City of Baguio )S.S.

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AFFIDAVIT OF ARRESTING/SEIZING OFFICER

I, Agent JOSHUA INNAY y Ilacas, of legal age and a regular member of the
Philippine Drug Enforcement Agency – Cordillera Administrative Region (PDEA-
CAR), after having been sworn to in accordance with law, do hereby depose and
state that:

1. I am the arresting/seizing officer in the buy-bust operation conducted by

PDEA-CAR at around 6:45 in the afternoon of August 4, 2019 at Purok 6,
Bakakeng Norte Sur, Baguio City that resulted in the arrest of ANTONIO
MONTANO y Lopez a.k.a Tony. The events that transpired are as follows:

2. At around 3:30 o’clock in the afternoon of August 4, 2019, I received a call

from my team leader Agent Rustom Asaya informing me to proceed at
Insular Building, Baguio City for a possible buy-bust operation to which I
complied;

3. At around 5:00 in the afternoon of the aforementioned date, our team had a
meeting inside their vehicle parked inside Insular Building. During our
meeting, Agent Josie A. Limagto relayed what transpired between her and
one Tony. Thereafter, a buy-bust operation was decided against Tony. Our
Provincial Officer IA3 Delia Cadang then informed our Chief of Operations
IAV Hirmole Claveria who also informed our Regional Director, DIR. III
Ricardo S. Ulapa, who gave us the authority to proceed with the buy-bust
operation against Tony. A briefing was conducted where Agent Limagto was
designated as the poseur buyer, myself as the arresting or seizing officer and
the rest of the team as back-up and perimeter security. During the briefing, it
was agreed that the pre-arranged signal that the transaction was
consummated was for Agent Limagto to take off the hood of his sweater.
Agent Limagto also added that the I together with the back-up team can
clearly witness the transaction at a common kitchen adjacent to the rented
room of Tony. Agent Asaya gave Agent Limagto one (1) genuine Five
Hundred pesos (Php 500.00) bill with Serial No. RS395643 and three (3)
pieces of One Thousand pesos (Php 1,000.00) boodle money with Serial
No’s. YA955624, EN570668, and WP042022. Agent Limagot then made her
markings JAL-01 on the lower left portion of the bill of the genuine Five
Hundred pesos bill and JAL-02 to JAL-04 respectively, on the lower left
portion of the boodle money to be used as buy-bust money. After the briefing,
the required witnesses to the operation and/or inventory were informed
through phone call. Baguio City Police Station, Station 10 was informed of a
possible buy-bust operation within their jurisdiction. The police station
informed us that they will be the ones to look for and contact a locally elected
official. The duty prosecutor was also informed of the operation but the duty
prosecutor instructed the team to proceed with the operation. The duty
prosecutor further instructed the team to proceed with inventory as long as
the other witnesses are present. The media representative was also informed
but instructed to fetch him for the inventory. Thereafter, the team proceeded
at Purok 6, Bakakeng Norte/Sur, Baguio City, so the team could see the place
of transaction;

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4. At around 6:45 o’clock in the afternoon of August 4, 2019, the PDEA-CAR
Team arrived at Purok 6, Bakakeng Norte Sur, Baguio City. Upon arrival at
the area, the team glanced towards the rented room of Tony and observed
that the lights were on. I and the back-up team positioned ourselves where
we can observe the transaction. After positioning ourselves, Agent Limagto
then proceeded to Tony’s rented room and knocked at the door. The door
was opened by a male person (later on identified as Antonio L. Montana,
Tony for brevity). Tony spoke with Agent Limagto. Afterwards, I observed
Tony went inside his room and when he came back outside, he handed
something to Agent Limagto. Agent Limagto inspected what was handed to
her then she handed something to Tony. Immediately thereafter, Agent
Limagto removed the hood of her sweatshirt. Me and the back-up team then
approached Agent Limagto and Tony and informed the latter of our authority
and affected Tony’s arrest. I informed him of his violation then read and
explained to him his constitutional rights in Ilokano, a language known and
understood by him. When I inquired if he understood the same, Tony replied
“Wen sir.” (Yes sir). Thereafter, I seized the buy-bust money from the
possession of Tony and also the two sachets of shabu placed on top of the
desktop table. Again, I informed of his yet another violation and then read
him his constitutional rights in Ilokano, a language known by him and
understood by him. When I inquired if he understood the same, Tony replied
“Wen sir.”;

5. Thereafter, to show compliance with the requirements on the custody and

disposition of confiscated drugs under Section 21 of RA 9165, as amended,
and its implementing rules and regulations, an inventory was conducted in
the presence of the accused and the required witnesses. Agent Limagto
placed her markings “8-04-2019 signature JAL” on the attached masking
tape on the plastic sachet which was sold to her by Tony. I, on the other hand,
placed my countersign markings “8/04/2019 JII-1 signature” on the
genuine Five Hundred Pesos bill and “8/04/2019 JII-2 to JII-4 signature”
on the boodle money respectively written on the right portion of the bill. Also
I placed my markings on the other two (2) sachets containing suspected
shabu which I confiscated and/or seized. The inventory was witnessed by
Horton Campanilla of Bombo Radyo, Brgy. Captain Lina Tadem, Brgy.
Kagawad Nestor Palermo, the arrested suspect, Agent Limagto as the
inventory officer and the rest of the operating team. Agent Cadang took
pictures on site;

6. The arrested suspect was properly identified as ANTONIO LOPEZ MONTANA,

29 years old, male, single and presently residing at Purok 6, Bakakeng Norte
Sur, Baguio City;

7. Thereafter, we proceeded to the Baguio General Hospital and Medical Center

for the medical examination of Antonio Lopez Montana, then to our Regional
Office;

8. As the designated investigator of this case during the briefing, Agent Limagto
turned-over the drug evidence subject of sale to our Chemist Rhodora L. Misa
for laboratory examination. The laboratory examination yielded positive
result for the presence of methamphetamine hydrochloride commonly
known as shabu as per Chemistry Report No. PDEACAR-DDP19-0044.
Also, I turned-over the items subject of possession of Tony to our Chemist for
laboratory examination. Said examination yielded also positive results for the

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 presence methamphetamine hydrochloride commonly known as shabu as
per Chemistry Report No. PDEACAR-DDP19-0045;

9. During the conduct of the operation, the team noticed that Tony exhibited
manifestations of being under the influence of illegal drugs. He had reddish
eyes, spluttered speech, and usually had body odor and breath. As such, I had
his urine sample tested which however, gave NEGATIVE result, as indicated,
in Chemistry Report No. PDEACAR- DTO19-43;

10. I am executing this Affidavit to attest to the truthfulness of the foregoing facts
and circumstances and to support our claim against the suspect Antonio
Lopez Montana for Violation of Sections 5 and 11, Article II of R.A. No.
9165, as amended and for all legal intents and purposes it may serve.

IN WITNESS WHEREOF, I have hereunto affix my signature this 5th day of

August 2019 at the City of Baguio, Philippines.

AGENT JULIUS I. INNAY

Affiant
SUBSCRIBED AND SWORN to before me on the date and place first above
written. I further certify that I personally examined the affiant and that I am
satisfied that he voluntarily executed and understood the foregoing statement.

___________________________________
Administering Officer