Republic of the Philippines DEPARTMENT OF JUSTICE OFFICE OF THE PROVINCIAL PROSECUTOR M.B Fernan Memorial Hall Justice Bldg.

, Capitol Site, Cebu City PEOPLE OF THE PHILIPPINES Plaintiff, VERSUS CRIM. CASE NO.__________ FOR: ILLEGAL POSSESSION OF FIREARM AND AMMUNITION

MARGARITO ARQUILLANO, JR. Accused, X/

COMPLAINT
The undersigned Officer In-Charge of San Francisco Police Station, San Francisco, Cebu, Philippines after having duly sworn to in accordance with law, accuses MARGARITO BARDENAS ARQUILLANO JR. of the crime of ILLEGAL POSSESSION OF FIREARM AND AMMUNITION (R.A. 8294) committed as follows: That on or about Ten oclock in the evening of January 27, 2009, at Pamatasan, Barangay Northern Poblacion, San Francisco, Cebu, Philippines and within the jurisdiction of this Honorable Court, the above-named accused did then and there, willfully, unlawfully and feloniously and without authority to possess and/or carry firearm and without any pertinent documents, indiscriminately discharged and fired several times his .45 caliber Colt pistol bearing serial no. 137291 thereby caused tremendous fear and imminent danger to the people and residents in the area. That the responding police officers caught the accused Margarito B. Arquillano Jr. en flagrante delictu and in plain view in his possession and control the aforesaid fire arm and placed the accused under arrest. . CONTRARY TO LAW. San Francisco, Cebu, Philippines, this 28th day of January 2009. ANNEXES: 1. 2. 3. 4. 5. 6. 7. 8. 9. Joint affidavit of arresting officers Paraffin Test Result One (1) .45 cal colt Pistol SN 137291 Five (5) Empty Shells One (1) Dud bullet One (1) Magazine One (1) Unit Yamaha RS100 Motorcycle Three (3) Jai-alai (Masiao) Tip Sheets Two (2) Jai-alai (Masiao) Tally Sheets

CIRIACO ABELLA LARROBIS, JR. P/SINSP PNP OFFICER IN-CHARGE

Republic of the Philippines ) City of Cebu ) Ss JOINT-AFFIDAVIT

WE, PO1 WINSTON YBANEZ and PO1 EDWARD KEITH BARRAMEDA, after having been duly sworn to in accordance with law, do hereby depose and state: 1. That on or about ten oclock in the evening a certain Fe Relampagos, a resident of Pamatasan, Northern Poblacion, San Francisco, Cebu, hysterically came to our office and requested for police assistance and alleged that a certain MARGARITO B. ARQUILLANO JR was drinking three (3) bottles of beer outside of her store and for no apparent reason and without any warning indiscriminately fired his firearm several times thus caused fear and danger to her family and to the residents in the area; 2. That immediately we responded to the said alarmed onboard our service vehicle and upon arriving in the area we spotted one MARGARITO B. ARQUILLANO JR. about to leave the store onboard his motorcycle, we blocked his way and introduced ourselves as police officers and ordered him to halt and in plain view, we saw the .45 caliber colt pistol tucked in his waist and ordered the latter to present pertinent documents to the same but the suspect Margarito B. Arquillano Jr. failed to present any documents to possess the same; 3. That we informed him of his offense and effected his arrest and recovered from his possession and control one (1) .45 caliber colt pistol bearing serial no. 137291 with one (1) dud bullet inside its chamber; 4. That the residents nearby showed to us the location of the empty shells and we were able to retrieve the five (5) empty shells scattered on the road; 5. That we informed him of his constitutional rights and brought him to our station for proper disposition. 6. That we executed this joint-affidavit to establish the truth of the foregoing facts and to attest the veracity of the same for the filing of appropriate charges against one MARGARITO B. ARQUILLANO JR. IN WITNESS WHEREOF, We hereunto affixed our signatures this 28TH day of January 2009 in the City of Cebu, Philippines.

PO1 WINSTON YBANEZ Affiant

PO1 EDWARD KEITH BARRAMEDA Affiant

SUBSCRIBED AND SWORN TO before this 28th day of January 2009 in the City of Cebu, Philippines. I CERTIFY FURTHER that I have examined the affiants personally and satisfied that they executed this joint-affidavit in their volition.

FOR From CNR

: PD, CPPO (Attn: OPN BR) : OIC, San Francisco Police Station : SFPS-OPN-01-27-09-01

Spot Report on arrested person for ILLEGAL POSSESION OF FIREARM AND AMMUNITION (OPLAN PAGLALANSAG) PD One Margarito Arquillano, Jr. was arrested for Violation of RA 8294 PD That on or about 272200H cma One FE RELAMPAGOS reported to this station and alleged that a certain Mar Arquillano was drinking beer outside of her store cma without any warning and for no apparent reason cma discharged and indiscriminately fired his firearm several times thus caused panic, fear and danger to their lives and to the residence PD Immediately cma OIC of this station directed P01 Edward Barrameda and P01 Winston Ybaez to respond and proceed to the area/place onboard our service vehicle cma where the suspect identified later as Margarito MAR Arquillano, Jr. y Barcelas, 36 years old, a resident of Western Poblacion, San Francisco, Cebu, caught en flagrante and in plain view in his possession and control one (1) .45 cal colt pistol Government Model SN 137291 PD Responding police officers effected the arrest and ordered the suspect to present pertinent documents but the latter failed to show the same PD Responding police officers recovered Five (5) empty shells cma One (1) Dud bullet inside its chamber cma Three (3) pcs Jai-alai Tip Sheets cma Two (2) pcs Jai-alai Tally Sheets cma One (1) Unit Sonny Ericson Cellphone cma One (1) Unit Yamaha Motorcycle was also impounded to this station for lack of CR and OR PD Arrested person was informed his offense and his constitutional rights and brought to this office for proper disposition PD Request acknowledge receipt End BT

CIRIACO ABELLA LARROBIS, JR. P/SINSP OFFICER-IN-CHARGE

Republic of the Philippines NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE SAN FRANCISCO POLICE STATION San Francisco, Cebu MEMORANDUM TO : Provincial Director Cebu Police Provincial Office Sudlon, Lahug, Cebu City (Attn: OPN Branch) : Officer-In-Charge San Francisco Police Station San Francisco, Cebu : Progress Report : February 20, 2009

FROM

SUBJECT DATE

1. In connection to the radio message with cite number CPPO3-07-02-20-05-2009 and the above subject, this station submit the progress report. Of the accused MARGARITO MAR B. ARQUILLANO for Violation of PD 1866 as Amended by RA 8294 (Illegal Possession of Firearm and Ammunitions), to wit; That on January 28, 2009, accused Margarito B. Arquillano was brought to Regional Crime Laboratory Office VII, Camp Sotero Cabahug, Cebu City for Paraffin Test to determine the presence of gunpowder nitrate. The result was POSITIVE and it was confirmed by P/SUPT MUTCHIT G SALINAS, Forensic Chemical Officer and note by P/SUPT NESTRO A SATOR, MD, Regional Chief, Regional Crime Laboratory Office VII. That on the same date, after conduction of Paraffin Test, from Regional Crime Laboratory the accused was brought to Cebu Provincial Prosecutors Office, Capitol Building, Cebu City for proper disposition and filing of the case. With Docket Number VII-03-INQ-09A-0038. That because of deficient time, on the following day (January 29, 2009), the information was forwarded to RTC, 7th Judicial Region, Danao City because it was under their jurisdiction. With Criminal Case Number DNO-4522. And, That the accused, Margarito B Arquillano, posted bail in the amount of Eighty Thousand Pesos (P 80, 000.00) for his temporary Liberty. That the Order of Release was issued signed by Hon. Edito Y. Enemecio. And the accused, Margarito B. Arquillano, was release/discharge from the custody of this Station. 2. Requests acknowledge receipt.

CIRIACO ABELLA LARROBIS, JR. P/SINSP Officer-In-Charge

Republic of the Philippines NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE SAN FRANCISCO POLICE STATION San Francisco, Cebu MEMORANDUM TO : Provincial Director Cebu Police Provincial Office Sudlon, Lahug, Cebu City (Attn: Chief, PIB) : Officer-In-Charge San Francisco Police Station San Francisco, Cebu : Security Officer : February 06, 2009

FROM

SUBJECT DATE

1. In connection to the radio message cite number CPPO02-02-04-09-23 and cite number CPPO02-01-28-09-17 dated January 28, 2009. The undersigned explain for did not complying the memorandum for the reason that, I was not aware of the memorandum and the one who received the message didnt inform me. I was only informed last February 5, 2009 and it was too late. 2. The undersigned submit the same, for the security officer, SP01 RAUL JAMERO. 3. Requests acknowledge receipt.

Signed CIRIACO ABELLA LARROBIS, JR. P/SINSP Officer-In-Charge