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REPUBLIC OF THE PHILIPPINES

OFFICE OF THE PROSECUTOR


TAGAYTAY CITY

SPO2 BABI F. CHINCHAN,


Complainant, I.S. No. 645878
For: Violation of R. A. 9165, Art. II, Sec. 5 and Sec. 11
- versus -

ALEJANDRO F. VIVAS II,


Respondent.

x----------------------x

COMPLAINT-AFFIDAVIT

I, SPO2 Babi Chinchan, of legal age and a resident of 02 Enriquez St.


Caingin, Tagaytay City, Philippines and a PNP member of Tagaytay City Police
Station 3, Tagaytay City, Cavite assigned to Anti-Drug Task Group/ Local PDEA,
after having been duly sworn to in accordance with law, do hereby depose and state
that:

1. We have the honor to file a complaint against Alejandro F. Vivas II, of


legal age, Filipino, residing at the Aguinaldo Highway Silang Junction
East, Tagaytay City, 4120

2. Complaint hereby charges aforementioned respondent for violation of


Section 5 and 11 of Republic Act 9165, otherwise known as the
Dangerous Drugs Act of 2002, pertinent portion of which reads:
“Section 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. - The penalty of life imprisonment to
death and a fine ranging from Five hundred thousand pesos (P500,000.00)
to Ten million pesos (P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall sell, trade, administer, dispense,
deliver, give away to another, distribute dispatch in transit or transport
any dangerous drug, including any and all species of opium poppy
regardless of the quantity and purity involved, or shall act as a broker in
any of such transactions.”
xxx xxx xxx
“Section 11. Possession of Dangerous Drugs. - The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be
imposed upon any person, who, unless authorized by law, shall possess
any dangerous drug in the following quantities, regardless of the degree of
purity thereof: ”
xxx xxx xxx

3. Our Group came to know that a certain Alejandro F. Vivas II is


engaged in the illegal sale and trade of shabu after conducting
surveillance against the suspected drug within the area,

4. Around 8:15 in the evening of October 3, 2018, PSUPT ANDRO


FAUSTINO, Chief of Police of Tagaytay City Police Station,
designated Alexander Luna to act as poseur-buyer and
designating the undersigned and Ralph Vicente to act as back-
up, after which PSUPT Faustino handed to the undersigned
two (2) pieces of Five Hundred Peso Bill with serial numbers
Q1253571 and KL2252335 as the buy-bust money, and our
team proceeded to Aguinaldo Highway Silang Junction East,
Tagaytay City, 4120, wherein the suspect was transacting while
our back-up team followed the poseur-buyer and positioned
ourselves in order to observe the actual transaction between
the suspect and the poseur-buyer and wait for the exchanges
of business occur;
5. That at about 8:45 in the evening of the same date, we saw our
member having conversation with the suspect, and after some
minutes of transaction, he raised the signal for the arrest.

6. That upon receiving the signal from our poseur-buyer, we


immediately entered into the premises where the transaction
occurred and we immediately arrest Vivas and we are able to
recover the marked money used in the entrapment bearing
serial numbers Q1253571 and KL2252335 and three (3) pieces
of small heat-sealed transparent plastic sachet containing
white crystalline substance suspected to be shabu weighing
more or less 10 grams each including plastic sachet from the
direct possession, custody and control of Alejandro Vivas II;

7. That the three (3) pieces of transparent plastic sachet


containing white crystalline substance suspected to be shabu
weighing more or less 10 grams each were marked as
“Evidence 1”, “Evidence 2”, and “Evidence 3” and that the
marked money consisting of two (2) Five Hundred Peso bills
were also marked as “Evidence 4” and “Evidence 5”;

8. That the group, headed by the Faustino, which had initial


custody and control of the drugs and marked money,
immediately after seizure and confiscation, made a physical
inventory and took photographs of the same in the presence of
the accused Alejandro F. Vivas II, a representative from the
media, JESSA MULAWIN, and a representative of the
Department of Justice, ATTY. ROBBIE RAE CERALVO, and
Barangay Captain ANDREW ARCAY and the same persons
signed the copies of the inventory and were given copies
thereof;

9. That at about 9:15 PM of the same date, the team and the
suspect arrived at the Tagaytay City Police Station 3. The
suspect, as well as the shabu and marked money, was turned
over by the undersigned to the Investigator, PO2 Mikko Gripal,
to undergo police booking procedure and other necessary
procedures.

10. That at about 9:45 in the evening of the same date, Vivas was
detained at the Tagaytay City Police Station 3 to undergo
custodial investigation, while the shabu, was turned over by
PO2 Azurin to SPO4 Paul Reyes who brought the same to the
Regional Crime Laboratory Office for examination and further
investigation;

11.That the three (3) pieces of small heat-sealed transparent


plastic sachet containing white crystalline substance suspected
to be shabu were received by PO1 JUSTINE GONZALES, RMT,
the Forensic Analyst at the PDEA Forensic Laboratory at 10:30
in the evening of the same date;

12. That the result of the examination conducted by the Forensic


Analyst at the PDEA Forensic Laboratory gave Positive Result
to the test for the presence of a dangerous drug,
Methamphetamine Hydrochloride, commonly known as
“shabu”

13.That I am executing this sworn statement for the purpose of


charging the respondent with having violated Section 5 and 11,
Article II of R.A No. 9165.

City of Tagaytay, Philippines. October 8, 2018.

_______________________________________
SPO2 BABI F. CHINCHAN
Complainant
SUBSCRIBED AND SWORN to before me this 3 rd day of October 2018 at the
City of Tagaytay, Cavite, Philippines, the affiant exhibiting his CTC. No. 2129-
10395 issued at the City of Tagaytay on July 22, 2018 and his PRC ID No. 0180994
issued by the Professional Regulation Commission on June 21, 2017.

______________________________________
ATTY. ANA PATRICIA A. CRUZ, CPA
City Prosecutor