Republic of the Philippines

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE
INTERNAL AFFIARS SERVICE
ILOILO CITY/PROVINCIAL INTERNAL AFFAIRS SERVICE
Camp Francisco Sumagaysay Sr., Sta. Barbara, Iloilo

HAMZA P. KAYANI,

Complainant,

-versus-

PO3 RODEL ESPINOSA, et al,

Respondent.

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

JUDICIAL COMPLAINT-AFFIDAVIT

I, HAMZA ZUBAIR P. KAYAMI, of legal age, Filipino, single, and a

resident of Brgy. Tanza Esperanza, Iloilo City, Philippines, under oath state
that:
PRELIMINARY STATEMENT
Atty. Mark P. Piad, with office address at Piad Porras Panizales Law
Office, 30 Uy Bico Bldg., Yulo St.,Iloilo City, Philippines, is conducting the
direct examination at the same address, in relation to the above-mentioned
complaint;
The direct examination was conducted in English, a language I know and
understand;
I am answering the questioned asked of by Atty. Mark P. Piad, fully
conscious that I do so under oath. I am also aware that I may face criminal
liability for false testimony or perjury.

QUESTIONS AND ANSWERS

Q.1. Could you please state your name and other personal
circumstance?
A.1 I am Hamza P. Kayami, of legal age, single, Filipino and a resident of
Brgy. Tanza Esperanza, Iloilo City.

Q.2. What is your purpose in coming to this office?

A.2. I came to this office because I would like to file an administrative
 complaint against PO3 Rodel Espinosa and PO2 John Mikel
Mahometano.

Q.3. You mentioned that you are filing an administrative complaint

against the respondents, what were the circumstances which
compelled you to file the instant administrative complaint?

A.3. I was illegally arrested following an alleged implementation of a search

warrant last August 23, 2018.

Q.4. Could you please tell me what, if any, happened last August 23,
2018?
A.4. At around, 5:30am of that date, while I was staying at my mother’s
house in Brgy. Tanza Esperanza , Iloilo City, I felt that our power lines
went out and I felt the heat because the air conditioning unit did not
work.

Q.5. What, if any, did happened next?

A.5. All of a sudden, I heard that the door to the room of my mother where
I was sleeping was kicked open and as I opened my eyes, two (2)
armed men in plain clothes aimed and hit me on the head with their
rifles and shouted “ Putang ina ka! Corrupting Minors ka! Papatayin
ka naming. Nasaan mga baril mo? Bangon! Bangon!”

Q.6. After hitting and shouting you, what happened then?

A.6. They handcuffed me and I saw that they opened the cabinets
belonging to my mother as if they were looking for something.

Q.7. When they opened the cabinets, what happened next, if any?
A.7. I was able to notice and see one (1) man with big built wearing heavy
jacket trying to put something on my mother’s cabinet as I was
sleeping inside my mother’s room.

Q.8. After noticing that, what happened thereafter?

A.8. While they were searching, the armed men then asked me for the keys
of my Mitsubishi Montero but I could not find it on the bed where I
also last placed my iPhone X, iPhone 7 plus and my wallet.

Q.9. What happened next,if any?

A.9. when I started asking where my phones were, someone with a mask
who was also in plain clothes punched me in the stomach and said
“Wala nay un! Papatayin ka na nga naming eh!”

Q.10. After saying that to you, what happened then, if any?

A.10. Then, the unknown masked person went out but he suddenly noticed
my gold and silver jewelry on my left wrist. Then, he asked “Ano yan?
Original?”

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Q.11. After saying that to you, what did you say or do,if any?
A.11. I then replied, “No,sir. Fake ito.” Then, the person ansered “Hubarin
mo yan lahat!” So, out of fear, I gave the jewelry to him.

Q.12. What happened after,if any?

A.12. Then, the power was turned back on and I was ordered to stand and
that was the only time that I was able to see our Punong Barangay
together with the media representatives outside the house. That was
also the time that the armed men in civilian clothing who entered the
house of my mother declared that they will serve the search warrant
against me.

Q.13. What happened thereafter,if any?

A.13. When the media and our Punong Barangay came inside the house,
the Police headed by Rodel Espinosa then started to search the house
as if they were just initially conducting the search and that was the
only time they presented me the search warrant stating that the items
to be searched or seized were one(1) unknown caliber pistol and one
(1) unknown caliber of long- barreled firearm resembling an M-16
rifle.

Q.14. Where were you when they were conducting the search?
A.14. During the whole time they were searching my mother’s house, they
placed me from afar so that I could not see what they were doing or
what and where they were searching and they even made me go in
and out of the room so that I could not fully oversee what they were
doing.

Q.15. What happened next,if any?

A.15. Suddenly, I was just surprised when they allegedly recovered two (2)
magazines with M16 bullets, cliber .45 pistol, grenade and drugs.

Q.16. After seeing these alleged “recoveries”, what happened after, if

any?
A.16. They threatened me not to comment or else, I will be killed inside the
prison cell and I was very scared because of this.The armed persons
also asked me to touch the alleged “recoveries” to see if they were
mine but I refused.

Q.17. After you refused to touch the alleged “recoveries” , what

happened next, if any?
A.17. Another person then yelled at me saying “Hawakan Mo!” but I refused
to hold the alleged recoveries. I was then ordered to stand behind it in
order for them to take pictures.

Q.18. What happened next?

A.18. After this, I went out from where the alleged “recoveries” were placed
but when I got out, I saw all the employees of my business crying,
telling me that all their phones were also taken.
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Q.19. After that, what happened,if any?
A.19. Then, I noticed that my CCTV Camera, Laptop, Internet modem, JBL
speaker and all other valuables were missing.

Q.20. After noticing that some of your valuables were missing, what did
you do, if any?
A.20. I asked the police where my phones were but they said that they will
return them at the police station but they never returned it.

Q.21. Could you recall the items that you accounted for as missing?
A.21. Yes. All in all, the following items together with their respective
estimated values have been missing since the time and date of the
alleged search: One (1) unit iPhone X- P55,000.00, One (1) unit iPhone
7 plus – P39,000.0, One (1) unit laptop –P25,000.00, One (1) unit JBL
speaker – P85,000.00, One (1) gold bracelet – P25,000.00, One (1) unit
CCTV Camera – P2,500.00, Perfume collection – P5,000.00, One (1)
unit cell phone (LG K10) – P7,000.00, One (1) unit of cellphone
(Samsung) – P7,000.00, One (1) of cell phone (Starmobile) – P4,000.00,
One (1) unit of cell phone ( Vivo) – P6,500.00, One (1) Unit of cell
phone (belonging to Ann) – P4,60.00, One (1) Prada bag – P 46,000.00,
One (1) unit Creative Speaker – P 2,000.0

Q.22. Have you reported this incident?

A.22. Yes,sir. I was able to report this incident to Police Precinct 1 of Iloilo
City Police Office.

Q.23. Do you have proof of this report or recorded incident?

A.23. Yes,sir. I have a copy of the Blotter Extract referring to the incident
which happened last August 23,2018. The Blotter Extract is attached
and made an integral part hereof and referred to as “Annex 1”.

Q.25. Going back to your arrest, what, if any, can you tell about the
alleged illegal items which were allegedly recovered from you?
A.25. That is not true,sir. That was the only time that I was able to see those
alleged illegal items. The alleged items that were recovered were not
mine. They only planted those pieces of evidence to incriminate me to
offenses I have not committed and even went overboard by allegedly
seizing an explosive and illegal drugs contrary to the items to be seized
as stated in the Search warrant. Furthermore, the alleged recovered
illegal drugs looked like newly-opened and freshly used which can be
disproved considering that the result of my drug test turned out
negative.

Q.26. Do you have anything else to say?

A.26. None,sir.

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 HAMZA P. KAYANI
Affiant

SUBSCRIBED AND SWORN TO before me this ___ day of April 2019. I

hereby certify that the affiant personally appeared before me and acknowledged
before me that he had completely read and understood the contents of the
foregoing Complaint-Affidavit and that the same is his own voluntary act.

SWORN ATTESTATION OF LAWYER

I, Atty. Mark P. Piad, was the lawyer who conducted the direct
examination of HAMZA P. KAYANI. I faithfully recorded the questions I asked
and the corresponding answers that the witness gave. Neither I nor any person
present or assisting me coached the witness HAMZA P. KAYANI regarding his
answers.

Atty. Mark P. Piad

SUBSCRIBED AND SWORN TO before me this ____ day of April 2019. I

hereby certify that the affiant personally appeared before me and acknowledged
before me that he had completely read and understood the contents of the
foregoing Complaint-Affidavit and that the same is his own voluntary act.