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Republic of the Philippines REGIONAL TRIAL COURT 9th Judicial Region Branch___ Zamboanga City

PEOPLE OF THE PHILIPPINES Plaintiff, -versus___________________ Accused.


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Criminal Case No.________

For: Violation of P.D. 1866 as amended by R.A. 8294 otherwise known as Illegal Possession of Firearms and Ammunitions

INFORMATION
The undersigned Provincial Prosecutor of Zamboanga City, hereby accuses _____________________ of the crime of ILLEGAL POSSESSION OF FIREARM AND AMMUNITIONS PENALIZED UNDER PRESIDENTIAL DECREE NO. 1866, AS AMENDED BY REPUBLIC ACT NO. 8294, committed as follows:
That on or about 9 oclock in the evening of _______________ in Tetuan Highway, Barangay Tetuan, City of Zamboanga, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, willfully, unlawfully and feloniously, have in his possession, custody and control, ONE (1) COLT M-16 RIFLE with TAMPERED SERIAL NUMBER, with ONE (1) MAGAZINE and SEVENTEEN (17) LIVE AMMUNITIONS and ONE (1) .45 CALIBER (WITH CASPIAN SLIDE) PISTOL with Serial Number 123456, ONE (1) MAGAZINE and FOUR (4) ROUNDS OF .45 LIVE AMMOS, without the necessary license/permit issued by the proper authorities.

CONTRARY TO LAW. Zamboanga City, Philippines, _______________. _____________________ Inquest Prosecutor Approved by: _____________________ City Prosecutor Witnesses: SPO1_________________ SPO2 _________________ And others. BOND: P80,000.00

CERTIFICATION

I HEREBY CERTIFY, that the foregoing Information is filed pursuant to Section 6, Rule 112 of the Revised Rules of Criminal Procedure, as amended, accused having opted not to avail of their rights to preliminary investigation; that on the basis of the evidence obtaining in this case, probable cause exists against the accused that the offense charged hav been committed and that the accused are probably guilty thereof.

_____________________ Inquest Prosecutor

SUBSCRIBED AND SWORN TO BEFORE ME this __th day of __________ 2012 at Zamboanga City, Philippines.

__________________________ Associate Prosecuting Attorney

Republic of the Philippines DEPARTMENT OF JUSTICE Office of the City Prosecutor Zamboanga City

IN RE:

COMPLAINT AGAINST ___________________ for the crime of VIOLATION OF P.D. 1866, AS AMENDED under NPS-IX-09-INQ-12J-00012 x------------------------------------------------------------------------------------x

INQUEST RESOLUTION
Herein respondent stands charged for VIOLATION of P.D. 1866, as amended. He was allegedly caught in flagrate of possessing unlicensed firearms committed under the circumstances and in the manner specified in the Joint-Affidavit of Arrest of SPO1___________________ and SPO2_________________. The above-named police officers claimed that on or about 9 oclock in the evening of ___________________, while they were conducting a routinary check point along Tetuan Highway, a Black Suzuki Raider Motorcycle bearing Plate Number AB 123 stopped before them, to which the accused was driving carrying with him a big black backpack. When the backpack was frisked, suspiciousSPO1___________________ requested the accused to open the bag but the latter refused. So SPO1 ___________________opened it himself and saw in plain view dismantled firearms which he immediately reported to the Team Leader PCINSP________________. They discovered ONE (1) COLT M-16 RIFLE with SERIAL NUMBER 654321, ONE (1) MAGAZINE and SEVENTEEN (17) LIVE AMMUNITIONS. A search over the person of the driver was made therefter and ONE (1) .45 CALIBER (WITH CASPIAN SLIDE) PISTOL with Serial Number 123456, ONE (1) MAGAZINE and FOUR (4) ROUNDS OF .45 LIVE AMMOS was found tucked behind his waist. When requested to show pertinent documents of said firearms, he failed to do so. The respondent was informed of his rights to preliminary investigation but opted not to avail the same. Thus, based on the documentary and object evidence introduced by the police, the respondent was indeed for possessing firearms and ammunitions which turned out to be unlicensed. Considering the absence of any authority for him to possess the same, the allegations of the City Police pertinent to the violation is aptly supported. After a careful evaluation and assessment of the evidence on record, the undersigned find that there is PROBABLE CAUSE to indict the herein respondent for trial for VIOLATION OF PRESIDENTIAL DECREE 1866 AS AMENDED. WHEREFORE, premises considered, let an INFORMATION for VIOLATION of PRESIDENTIAL DECREE 1866, AS AMENDED against ___________________ be accordingly prepared and filed in court. Zamboanga City, Philippines, ______________ 2012.

_____________________________ INQUEST PROSECUTOR


COPY FURNISHED: _________________accused

The Police Department, Zamboanga City The Chief of Police, Zamboanga City

Republic of the Philippines NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE FIREARM AND EXPLOSIVE DIVISION Regional (IX) Office Zamboanga City

CERTIFICATION

This is to certify that __________________ has no record of registered firearm neither was he issued any license nor permit to carry any type of firearm or ammunition. This certification is issued upon the request of the Office of the City Prosecutor of Zamboanga, Philippines for all all legal intents and purposes this may serve them best. Given this __________________, Zamboanga City.

_________________________ Division Chief

Republic of the Philippines NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE TETUAN POLICE STATION Zamboanga City

___________________

FORWARDING REPORT

__________________ City Prosecutor Zamboanga City

SIR/MADAM, The undersigned is respectfully transmitting the herein case for ILLEGAL POSSESSION OF FAS PD1866 against ________________ committed on or about 9:00 PM ___________________ at Tetuan Highway, Zamboanga City. In support thereof, we are enclosing the following documents to wit: A. INVESTIGATION REPORT B. POLICE REPORT C. AFFIDAVIT OF ARRESTING OFFICER

EXHIBITS: a. One (1) Caliber 5.56mm M16 rifle MARK w/ AAB-1 b. Seventeen (17) live ammos for Caliber 5.56mm M16 Rifle MARK W/ AAB-2 c. One (1) unit Caliber 45 Pistol with serial number 123456 MARK W/ AAB-3 d. Four (4) live ammos for said Caliber 45 MARK W/ AAB-4 e. One (1) unit Black Suzuki Raider with plate number AB 123

Respectfully Yours, ___________________ Police Inspector Chief of Police

Republic of the Philippines NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE TETUAN POLICE STATION Zamboanga City
________________ CASE REPORT ILLEGAL POSSESSION OF FAS 9:00 PM _____________________ BRGY. TETUAN, ZAMBOANGA CITY ______________________ PEOPLE OF THE PHILIPPINES SPO1___________________, SPO2___________________

NATURE OF OFFENSE TIME AND DATE OF INCIDENT PLACE OF INCIDENT NAME OF SUSPECT NAME OF COMPLAINANT NAME OF ARRESTING OFFICER

: : : : : :

FACTS OF THE CASE: That based on the statement of apprehending officers stating that On or about 9 oclock in the evening of ____________________, while we were conducting a routinary check point along Tetuan Highway, a Black Suzuki Raider Motorcycle bearing Plate Number AB 123 stopped before us, to which the accused was driving carrying with him a big black backpack. When the backpack was frisked, I (SPO1 ___________________) suspiciously requested the accused to open the bag but the latter refused. So I opened it myself and saw in plain view dismantled firearms which I immediately reported to Team Leader PCINSP _________________. We discovered ONE (1) COLT M-16 RIFLE with SERIAL NUMBER 654321, ONE (1) MAGAZINE, SEVENTEEN (17) LIVE AMMUNITIONS. A search over the person of the driver was made therefter and ONE (1) .45 CALIBER (WITH CASPIAN SLIDE) PISTOL with Serial Number 123456, ONE (1) MAGAZINE and FOUR (4) ROUNDS OF .45 LIVE AMMOS was found tucked behind his waist. When requested to show pertinent documents of said firearms, he failed to do so.

RECOMMENDATION: In the interest of Justice, this office recommends the filling of charges for ILLEGAL POSSESSION OF FAS PD 1866 against __________________;

ANNEXES: a. Investigation Report b. Police Report c. Affidavit of Arresting Officer EXHIBITS:

a. b. c. d. e.

One (1) Caliber 5.56mm M16 rifle MARK w/ AAB-1 Seventeen (17) live ammos for Caliber 5.56mm M16 Rifle MARK W/ AAB -2 One (1) unit Caliber 45 Pistol with serial number 123456 MARK W/ AAB -3 Four (4) live ammos for said Caliber 45 MARK W/ AAB-4 One (1) unit Toyota Prado Black with Plate No. ABC 123

___________________ Senior Police Officer 1 Investigation PNCO

Republic of the Philippines) Zamboanga City ) S.S. x-----------------------------------x

AFFIDAVIT OF ARRESTING OFFICER


WE, SPO1 ____________________ AND SPO2 ____________________, of legal age, Filipinos and residents of Barangay Talon-Talon, Zamboanga City, after having duly sworn to in accodance with the law do hereby depose and say THAT: We are members of Philippine National Police currently assigned at Tetuan Police Station, Zamboanga City; On or about 9 oclock in the evening of ___________________, while we were conducting a routinary check point along Tetuan Highway, a Black Suzuki Raider Motorcycle bearing Plate Number AB 123 stopped before us, to which the accused was driving carrying with him a big black backpack. When the backpack was frisked, I (SPO1_______________) suspiciously requested the accused to open the bag but the latter refused. So I opened it myself and saw in plain view dismantled firearms which I immediately reported to Team Leader PCINSP__________________. We discovered ONE (1) COLT M-16 RIFLE with SERIAL NUMBER 654321, with ONE (1) MAGAZINE and SEVENTEEN (17) LIVE AMMUNITIONS. A search over the person of the driver was made therefter and ONE (1) .45 CALIBER (WITH CASPIAN SLIDE) PISTOL with Serial Number 123456, ONE (1) MAGAZINE and FOUR (4) ROUNDS OF .45 LIVE AMMOS was found tucked behind his waist. When requested to show pertinent documents of said firearms, he failed to do so. The subject person was identified to be __________________, a resident of Tugbungan, Zamboanga City. After having appraised of his constitutional rights, he was brought to Tetuan Police Station for Further investigation. We executed this affidavit voluntarily to attest and affirm the facts and circumstances afore-narrated. In witness hereof, we have here unto affix our signature on, ____________, 2012, in the City of Zamboanga, philippines.

___________________________ PNP ID NO. ________________

_________________________ PNP ID NO._______________

SUBSCRIBED AND SWORN to me before this _____________ 2012 at Zamboanga City, Philippines, and I hereby certify that I personally examined the affiants and that I am convinced and satisfied that he voluntarily executed and fully understood his affidavit;

______________________ City Prosecutor CERTIFICATION I hereby certify under oath that I examined the affiants and I am fully convince that they understood the content of their affidavit and that the sam were freely and voluntarily executed by them.

______________________ City Prosecutor

Republic of the Philippines REGIONAL TRIAL COURT 9th Judicial Region Branch___ Zamboanga City

PEOPLE OF THE PHILIPPINES Plaintiff, -versus___________________ Accused.


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Criminal Case No.________

For: Violation of P.D. 1866 as amended by R.A. 8294 otherwise known as Illegal Possession of Firearms and Ammunitions

MOTION FOR REDUCTION OF BAIL


COMES NOW, the accused, through the undersigned counsel, unto this Honorable Court, most respectfully manifests THAT: 1. Accused is charged by Information above-captioned of which the bail recommended for their temporary liberty is P80,000.00 each; 2. The accused does not have enough or sufficient property to put up the said bail; 3. Accused __________________ is a farmer with only a minimal income, sufficient or even less than the amount needed to sustain the needs of his wife and their four children; 4. Accused is a long-time resident of Barangay Tugbungan; 5. Accused is a member of family of good reputation and who has always been of good moral standing in the community; 6. That he has not been heretofore charged or convicted of any other offense and is not in risk of flight; 7. That in order that his constitutional right to bail will not become illusory on account of his inability to raise the amount, he desire to have the same reduced;

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that the recommended bail of P80,000.00 for accused be reduced to P60,000.00 or to such amount as the rules permit.

______________ 2012, Zamboanga City, Philippines.

_____________________________ Counsel for the Accused Roll No. ___ PTR No. ____ IBP OR No. ___ MCLE Compliance No. ____ Mobile No.

NOTICE
To: THE BRANCH CLERK OF COURT RTC BRANCH ___ Zamboanga City

Greetings!

The undersigned counsel is submitting the foregoing motion for the consideration and approval of the Honorable Court, sans further oral argument.

Counsel

THE OFFICE OF THE CITY PROSECUTOR OF ZAMBOANGA CITY

Greetings!

Please take notice that the undersigned counsel is submitting the foregoing motion to the Honorable Regional Trial Court, Branch __, Zamboanga City, for his consideration and approval without further oral argument.

Counsel

Copy Furnished: _______________________ Office of the City Prosecutor, Hall of Justice Zamboanga City

Republic of the Philippines REGIONAL TRIAL COURT 9th Judicial Region Branch___ Zamboanga City

PEOPLE OF THE PHILIPPINES Plaintiff, -versus_____________________ Accused.


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Criminal Case No.________

For: Violation of P.D. 1866 as amended by R.A. 8294 otherwise known as Illegal Possession of Firearms and Ammunitions

MOTION FOR PRELIMINARY INVESTIGATION


COME NOW, accused, through the undersigned counsel, unto this Honorable Court most respectfully move for reinvestigation and humbly aver the following;

1. The accused was arrested without warrant on__________________ at around 9 oclock in the evening and was detained at Tetuan Police Station.

2. On ___________________, the accused was subjected to inquest before the Office of the City Prosecutor, Zamboanga City.

3. The basis of the inquest were the following documents: A. Affidavit of Arresting Officer; B. Case Report; and C. Forwarding report. Hereto attached as Annexes A, B & C respectively.

4. Per perusal of the affidavit of arresting officer, without admitting the truthfulness and veracity of the same, it is stated that one (1) M-16 rifle with serial number 654321and one (1) caliber .45 with serial number 123456 was found and confiscated in the person of the respondent.

5. THUS, accused is charged of

Illegal Possession of Firearm in the

Information above-captioned dated _______________, accusatory portion of which as follows;


On or about 9 oclock in the evening of ________________, while we were conducting a routinary check point along Tetuan Highway, a Black Suzuki Raider Motorcycle bearing Plate Number AB 123 stopped before us, to which the accused was driving carrying with him a big black backpack. When the backpack was frisked, I (SPO1_______________) suspiciously requested the accused to open the bag but the latter refused. So I opened it myself and saw in plain view dismantled firearms which I immediately reported to Team Leader

PCINSP______________.

We discovered ONE (1) COLT M-16 RIFLE with

SERIAL NUMBER 654321, ONE (1) MAGAZINE and SEVENTEEN (17) LIVE AMMUNITIONS. A search over the person of the driver was made therefter and ONE (1) .45 CALIBER (WITH CASPIAN SLIDE) PISTOL with Serial Number 123456, ONE (1) MAGAZINE and FOUR (4) ROUNDS OF .45 LIVE AMMOS was found tucked behind his waist. When requested to show pertinent documents of said firearms, he failed to do so. Contrary to law.

6. The accused obtained the copy of the information from the court on _______________ and was not yet arraigned.

7. NOTEWORTHY, is the fact that the Serial Numbers of the firearms which were allegedly seized from the accused during the arrest, based from the affidavit of arresting officer, case report and forwarding report during the inquest are different as that those alleged in the information;

8. The firearms being the corpus delicti in this case, its evidentiary weight must be well established at administrative level, in order for the accused not to suffer the tedious and burdensome process of litigation.

9. That in U.S. vs. Banzuela (31 Phil. 564), reiterated in the case of Go vs. CA, February 11, 1992, the Supreme Court ruled that if the law provides for preliminary investigation and such right is claimed by the accused, a denial thereof is a denial of due process; hence, as enshrined in our jurisprudence, even when the case has already been filed, herein accused can still avail of their right to Preliminary Investigation and the trial Court has to remand the case for preliminary investigation;

10. That, if granted reinvestigation of the aforestated cases, the accused is confident that he can prove his innocence at the early stage of the proceedings before the Office of the City Prosecutor, Zamboanga City;

11. That witnesses and authentic documents can be presented during reinvestigation, which will establish the fact that the above-named person is indeed innocent in the crimes charged against him;

12. This motion is meritorious, in accordance with Rule 112, Section 6 (par. 3) and other established jurisprudence.

WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court that this case be remanded to the Office of the City Prosecutor for preliminary investigation.

Other reliefs and remedies just and equitable under the circumstances are also prayed for.

Zamboanga City, Philippines, ________________.

_____________________________ Counsel for the Accused Roll No. ___ PTR No. ____ IBP OR No. ___ MCLE Compliance No. III -____ Mobile No.

NOTICE
To: THE BRANCH CLERK OF COURT RTC Branch ____ Zamboanga City

Greetings!

Please include the foregoing motion in the court's calendar of cases for hearing on October 15, 2012 or at availability of the Court, for the consideration and resolution of the Honorable Court .

Counsel

THE OFFICE OF THE CITY PROSECUTOR OF ZAMBOANGA CITY

Greetings!

Please take notice that the undersigned counsel is submitting the foregoing motion to the Honorable Regional Trial Court, Branch____, Zamboanga City and to be included in the ____________ court's calendar of cases for hearing or at any available calendar of the Honorable Court.

Counsel

Copy furnished: ____________________ The Office of the City Prosecutor Hall of Justice Zamboanga City

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