Republic of the Philippines)

Baguio City )S.S

AFFIDAVIT OF POSEUR BUYER

I, the undersigned Police Officer, of legal age, member of the

Philippine National Police. Presently assigned with the Special Operating
Unit- Regional Anti-Illegal Drugs Special Operation Task Group (SOU-
RAIDSOTG) PRO-COR as intelligence operative, with no specific time of
tour of duty but could be extended upon exigency of the police service and
after having been duly sworn to in accordance with the law do hereby
depose and state the following to wit.

That at about 10:00 Am of December 13, 2011, a Confidential

Informant reported to me in our office and informed me the illegal drug
activity of “Aka” DING who is the subject of surveillance because of various
reports and complaints that he is engaged in selling Methamphetamine
hydrochloride or Shabu. The Confidential Informant further confirmed the
suspect has his available stuff, and that the CI gained the confidence of the
suspect (Ding) and was asked to look for prospective buyer of his
stuff/Shabu in return of a commission basis;

That I instructed the Confidential Informant to call the suspect thru

cell phone, informing him that he (CI) found a buyer who is interested to
buy his stuff, that I was introduce by the CI to the suspect as the buyer,
that I personally talked to the suspect introducing myself as RYAN, that I
was asked by the suspect how much is my order, which I ordered the
equivalent of ONE THOUSAND pesos only (Php 1,000.00) of shabu telling
him that I must first taste the purity of his stuff/shabu and to buy later in
bigger amount and was agreed by the suspect and has confirmed tha
availability of the stuff which we agreed to meet him at his residence
between 4:00 PM to 5:00 Pm of the same date;

That I informed our OIC PSI MELON CHONG and instructed me to

conduct buy bust operation and to formed a team wherein I was
designated as team leader/poseur buyer/evidence custodian;

That a briefing was conducted and the operation was coordinated to

the PDEA at about 3:30 PM of the same date, the Team boarded our
unmarked vehicle and proceeded to Justice Hall, Baguio City for the
authentication of the two (2) pieces of FIVE HUNDRED PESO BILL to be
used as buy bust money which was subscribed by City Prosecutor Edwin
Brian Sagsago at about 4:00 PM, after P02 Bordo handed it to me the buy
bust money;

That the team immediately proceeded to the agreed place if

transaction and parked our vehicle more or less 50 meters away (first road
going to Quezon Hill) from the place of transaction, that I and the Ci
alighted and walked casually towards the suspect’s residence;

That upon arrival thereat, we were met by the suspect which I was
again introduces by the CI as the buyer, that the suspect asked me the
money which I showed him the two pieces of five hundred peso bill, that I
also asked him if the stuff is available which he also confirmed that the
stuff is available and instructed us to wait in front of his residence to get
the stuff inside his room, that the suspect entered his room to get the stuff
a while, the suspect went out and asked me the money, that I handed him
two (2) pieces of five hundred peso bill, which he also handed me one (1)
transparent heat sealed plastic sachet containing white crystalline
substance suspected to be shabu;

That I immediately grabbed the suspect as the pre-arranged signal

indicating the buy bust was consummated to other back operatives to
arrest the suspect, informing the suspect that we are Police Officers,
however, the suspect struggled and was able to pushed me and run inside
his room prompting me together with the backup operatives to rushed and
to effect the arrest of the suspect inside his room which he was about to
close and lock the door of his room;

That I marked the evidence I bought as EXH-A RBT and Signature

13-Dec 2011 at the crime scene and in the presence of the suspect
together with the cell phone of the suspect that I also recovered as EXH-C
RBT and Signature 13-Dec 2011, while P02 Juan R. Bordo recovered the
two (2) pieces of Five Hundred Peso Bill with SNs GP113021 and NT478365
and also one (1) small plastic sachet containing white crystalline substance
suspected to be shabu and was marked by him as EXH-B CRB and
Signature 13-Dec 2011 and all the evidence was photograph by SP02
Elmerson A. Bawan, and also his Constitutional Rights was read to him in
Ilocano dialect which he fully understood by P02 Bordo;

That the evidence confiscated by P02 Bordo was turned over to me

as the designated Evidence Custodian, and all the pieces of evidence
together with the suspect was brought to Station 1, BCPO for the actual
inventory, which was witnessed by the representative of DOJ, Elected
Barngay Official and Media representative, thereafter we brought the
suspect to Baguio General Hospital and Medical Center for the requisite of
medical examination before we brought the living person of the suspect at
our office for proper disposition;

That the bought evidence was turned over to PNP Crime Laboratory
for Qualitative Examination and at our office we came to know the full
identity of the suspect as Mr. Pablo Dela Torre, aka Ding, 58 years old,
married, driver by calling, resident of No.133 Nagullian Road, Queen of
Peace Barangay, Baguio City and a native of Nagullian, La Union;

That I am executing this Affidavit to attest the truthfulness of the

foregoing facts and to support our complaint against the arrested suspect
for Violation of Article II, Section 5 (Sale) and Section 11 (Possession) of
R.A. 9165 and other special laws violated and for all legal intents and
purposes this may serve.

IN WITNESS WHEREOF, I here unto set my hand this 14th day of

December 2011 at the City of Baguio, Philippines.

SP02 Mond B. Gatchalian

Affiant

SUBSCRIBED AND SWORN to before me this 14th day of

December 2011 at the City of Baguio, Philippines.

__________________

City Prosecutor