Ra 10591 Final Mock Trial Folder
Ra 10591 Final Mock Trial Folder
Ra 10591 Final Mock Trial Folder
Dispatched the TMRU Personnel to conduct OPLAN BAKAL along A. 3:00AM of September 4, 2023 Blotter/Logbook
Mabini St, Malate, Manila
Continues conducting OPLAN BAKAL along the said address 3:20AM of September 4, 2023 Logbook
Arrived at Thirsty Bar and coordinated to the owner 3:55AM of September 4, 2023 Action Photos
Apprehension of CICL for Violation of RA 10591 4:00AM of September 4, 2023 Blotter/Logbook
CICL arrived at Police Station 9, Malate, Manila 4:20AM of September 4, 2023 Cal .38 revolver marked AS “RB-9-4-23” loaded
with three (3) cal.38 live ammunition
The CICL brought to Ospital ng Maynila for Routine Physical Examination 4:30AM of September 4, 2023 Blotter/Request for Physical Examination
IOC/WCPD turned over the custody of CICL to the CSWD for the 5:30AM of September 4, 2023 Turned Over/Referral to the CSWD
determination of presence/absence of discernment
IOC requested for Firearm Initial Verification (FEO) 7:00AM OF September 4, Request Letter to FEO
2023
IOC went to the place of incident and interviewed the owner and handed 8:00AM of September 4, 2023
to the former the copy of CCTV footage
IOC received the copy of Case Study/Certificate of Assessment of
Discernment from the CSWD of Malate, Manila
IOC requested/turned over pieces of evidence for Ballistics Examination 11:00AM of September 4,
to the MPDFU (Fire Examiner) 2023
INFORMATION
The undersigned accuses RICO BANG y TIGAS of Violation of Section 28 (1) in relation
to Section 28 (e) (1) of Republic Act No. 10591 committed as follows:
That on or about September 4, 2023, in the City of Manila, Philippines, the said
accused, a minor, 17 years of age acing with discernment, did then and there willfully,
unlawfully, and knowingly, have in his possession and under his custody and control one
(1) caliber .38 caliber revolver (Paltik/Homemade with engrave Made in USA and
Trademark Colt .38 subsequently marked “RB-9-4-23”, three (3) .38 caliber live
ammunitions subsequently marked “RB-1” to “RB-3”, all with date 9-4-23 and signature,
without first having secured the necessary license or permit therefore from the proper
authorities.
CONTRARY TO LAW:
City of Manila, Philippines, September 6, 2023.
JAYPHERSON T AGONOY
City Prosecutor
(Inquest Prosecutor)
Roll of Attorneys No. 320456
IBP Lifetime No. 138456/PPLM
MCLE Compliance No. VII-0001999
Issued on October 3, 2022
REPUBLIC OF THE PHILIPPINES
Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE NATIONAL CAPITAL REGION POLICE OFFICE
MANILA POLICE DISTRICT
MALATE POLICE STATION (PS-9)
A. Mabini Street, Malate, Manila
Tel. No. (02) 310-00-45
Email Address: [email protected]
September 4, 2023
The City Prosecutor
Department of Justice
2F Manila City Hall,
City of Manila
Dear Sir/Madame:
Respectfully referred to your office for Inquest Proceedings the pertinent records
of investigation relative to the complaint for violation of Sec 28 (a) in relation to Sec 28
(e) (1) of RA 10591 (Comprehensive Firearms and Ammunition Regulation Act)
against the below named CICL:
EVIDENCE EXHIBITS:
a. Joint Judicial Affidavit of Arrest of PSSg Bernabe Aquino, PCpl Froilan Arugay and
Pat Presco Babad Jr;
b. Affidavit on the Use of Body-Worn Camera;
c. Affidavit of Investigator-On-Case;
d. Sworn Statement of Ms. Ann Kits;
e. Sworn Statement of Mr. Tony Stark;
f. Blotter Certification;
g. Memorandum Request for Verification to PNP FEO;
h. Memorandum from PNP FEO re Initial Firearms Holder Record Verification Report;
i. Memorandum Request for Ballistics Examination;
j. Result of Ballistics Examinations;
k. Case Referral to Manila CSWDO for the Conduct of Case Study for
Determination of Discernment;
l. Result of Case Study/Certification of Assessment of Discernment;
m. Request for Physical Examination of the CICL;
n. Medical Certificate of the CICL;
o. Birth Certificate of CICL;
p. Inventory Receipt of Recovered Evidence;
q. Photo Log;
r. USB Flashdrive marked it as “IDL 9/4/2023” containing video footage extracted
from BWC;
s. USB Flashdrive marked as “BJT 9/4/2023” containing extracted CCTV footage
coming from the Thirsty Bar;
t. Chain of Custody of recovered firearm;
u. Photographs of the CICL;
v. Others.
FACTS OF THE CASE:
We, PSSg Bernabe Aquino (PSSg Aquino), PCpl Froilan Arugay (PCpl
Arugay), and Pat Presco Babad (Pat Babad), all of legal ages, married, PNP members
of Police Station 9 Malate Manila, with Office address at Malate, City of Manila, after
having been duly sworn to in accordance with law, hereby depose and state that:
It was Police Investigator, PCpl Bon Jovy Torino who conducted the examination
of the undersigned affiant Police Station 9 Malate Manila;
Question 4 : After you received the said instruction, what did you do, if any?
Answer : We conducted pre-operational briefing for the conduct of OPLAN
Bakal wherein I (PSSg Aquino) was designated as Team Leader, I
(PCpl Arugay) was designated as seizing officer, and I (Pat Babad)
was designated as videographer and the one wearing the Body-Worn
Camera (BWC). After that, we boarded our station-issued
motorcycles and proceeded along A. Mabini St. Malate, Manila where
most of the bars and nightclubs were located.
Question 8 : Before the apprehension, how far are you from the CICL?
Answer : I, PCpl Arugay is about 2-3 meters away from the CICL.
Question 10 Did you make any effort to inform the parents of the CICL of his
: apprehension?
Answer : Yes, upon reaching the station, we immediately tried to establish
contact with his parents. We were able to contact his mother Mrs.
Bang and inform her that her son has been apprehended and to bring
a copy of his Birth Certificate to the Police Station. Upon arrival of
Mrs. Bang, she presented the Certificate of Live Birth showing that
Rico Bang is indeed a minor at 17 years old with birth date on
February 14, 2006.
Question 13: What is the result of the assessment by the Manila CSWDO of the
CICL?
Answer : According to the Social Case Study and Certification issued by the
Manila CSWDO, the said CICL acted with Discernment.
Question 14: I have no more questions at this moment. Is there anything you
would like to add or remove from your statement?
Answer : None at this time. Anything that we have not stated herein will be
stated in open court.
END OF STATEMENT
IN WITNESS WHEREOF, we have hereunto affixed our signature on this 4th day
of September 2023 in Malate, Manila, Philippines.
JAYPHERSON T AGONOY
City Prosecutor
ATTESTATION CLAUSE
I certify that I conducted and supervised the examination and have faithfully
recorded the questions and the corresponding answers of the arresting officers PSSG
Bernabe Aqino, PCpl Froilan Arugay and Pat Presco Babad Jr and that they were never
instructed nor coached on the answers they are supposed to give, the narrations thereof
being completely their own.
I, Pat Presco Babad Jr, of legal age and a bona fide member of Philippine
National Police (PNP) presently assigned at Police Station 9, Malate, Manila designated
as Tactical Motorcycle Riding Unit (TMRU), after having been duly sworn to in accordance
with law, hereby depose and state that:
1. I, Pat Presco Babad Jr, together with PSSg Bernabe Aquino and PCpl
Froilan Arugay were performing our duty on September 3, 2023 from
7:00PM to 7:00 AM of following day;
6. Before we conduct the said operation, I turned on the Body Worn Camera
with serial no. 123456 to start taking video footages before, during and after
the conduct of OPLAN BAKAL, that during the operation, we informed the
people inside the bar that this operation is being recorded;
7. Upon arrival at the police station, I turned over the BWC to PCpl Bon Jovy
Torino, investigator on case/evidence custodian, who extracted the video
footages from the computer of this office without redaction and save the
copy of the footages in USB flash drive, color black marked as “IDL
9/4/2023” in the presence of Rico Bang and his mother. The original copy
of the video footages remains in my custody and accessed only by myself
and by the evidence custodian;
8. In the process thereof, I, nor anybody else did not attempt nor engage in
any act or manner that will alter the validity of the said recording so as to
preserve its integrity and evidentiary value; and
SUBSCRIBED AND SWORN to before me in Manila City, Philippines this 4th day
of September 2023. FURTHER, I CERTIFY that I personally examined the affiants and I
am satisfied that they voluntarily executed and fully understood their affidavit.
JAYPHERSON T AGONOY
City Prosecutor
Republic of the Philippines )
City of Manila ) S.s
x----------------------------------x
I, PCpl Bon Jovy Torino, of legal age, a bona-fide member of the Philippine
National Police (PNP) presently assigned at Police Station 9, Malate, Manila as
Investigator and evidence custodian, after having been duly sworn to in accordance with
law, do hereby depose and state that;
3. Due to the suspicious behavior of Rico Bang, PCpl Arugay asked the latter
about the bulging on his waist but he refused to answer and acted unruly,
after which he started frisking him and, in the process, he was able to seize
from his control and possession the following:
b. Three (3) live ammunitions marked as “RB-1”, “RB-2” and “RB-3” with
date 9-4-23 respectively;
5. After several minutes, Mrs. Bang arrived and handed me a copy of Certificate
of Live Birth of Rico Bang showing that he was indeed 17 years old and was
born on February 14, 2006;
6. On the other hand, Pat Babad turned over to me his Body Worn Camera used
during the said operation and later extracted the video footages without
redaction to our office computer and also made a copy of it and save it in USB
Flash and marked it as “IDL 9/4/2023” in the presence of Rico and his mother;
7. That at around 5:30AM I, together with PCpl Arugay, PSSg Aquino and Pat
Babad turn over Rico Bang to CSWD for the determination of the presence
of discernment;
8. I also requested for firearm verification before the office of Firearm and
Explosive Office (FEO);
9. While waiting for the Certification coming from the CSWD and firearm
verification result, the owner of the bar, Ms. Ann C. Kits (Ann) and the waiter,
Mr. Tony Stark came in this office to support the filing of complaint against
Rico Bang to serve as witnesses;
10. Immediately thereafter, Ms. Ann Kits handed me a copy of the extracted
CCTV footage in a USB flash drive and marked it as “BJT 9/4/2023”;
14. That I am executing this affidavit to attest the truthfulness of the foregoing
facts and in support of the filing of criminal case for Violation of Section 28
(a) in relation to Section 28 (e) (1) of RA 10591 against Rico Bang.
JAYPHERSON T AGONOY
Assistant City Prosecutor
SWORN STATEMENT OF MS ANN KITS y CABS TAKEN IN TAGALOG DIALECT
AND REDUCED INTO ENGLISH WRITING BY PCPL BON JOVY TORINO INSIDE THE
INVESTIGATION SECTION, POLICE STATION 9, MALATE MANILA, THIS 4th DAY OF
SEPTEMBER 2023.
1. QUESTION (Q): MS ANN KITS y CABS, I would like to inform you that anything
you would say in this investigation can be used for or against you in any court of
law of the Republic of the Philippines, do you understand?
3. Q: Do you swear to tell the truth and nothing else but the whole truth in this
investigation?
A: Yes sir.
6. Q: Why do you want support the filing of the case against Mr. Rico Bang?
A: Because I personally saw the incident transpired inside the Thirsty Bar situated
at A. Mabini St., Malate, Manila, which is owned by me, at about 4:00 AM of
September 4, 2023, sir;
10. By the way, how far are you when the police officer frisked Rico?
A: About three (3) meters away from them and I could clearly saw the incident sir;
11. Q: What happened next, if any?
A: PCpl Bon Jovy Torino also asked for a copy of CCTV footage during the
operation and I extracted a copy of the video footage from our CCTV and saved it
in a USB flash drive and gave it to him.
12. Q: I have no more questions to ask, do you have anything more to say or add to
your statement?
A: None at this moment sir;
13. Q: Are you willing to sign to your statement containing thirteen (13) questions and
answers?
A: Yes sir
END OF STATEMENT
JAYPHERSON T AGONOY
City Prosecutor
SWORN STATEMENT OF MR. TONY STARK TAKEN IN TAGALOG DIALECT AND
REDUCED INTO ENGLISH WRITING BY PCPL BON JOVY TORINO INSIDE THE
THIRSTY BAR, POLICE STATION 9, MALATE MANILA, THIS 4th DAY OF SEPTEMBER
2023.
1. QUESTION (Q): MR. TONY STARK, I would like to inform you that anything you
say in this investigation can be used for or against you in any court of law of the
Republic of the Philippines, do you understand?
3. Q: Do you swear to tell the truth and nothing else but the whole truth in this
investigation?
A: Yes Sir.
6. Q: Why do you want to support the filing of the case against Mr. Rico Bang?
A: Because I witnessed the incident that happened inside the Thirsty Bar where I
work, Sir;
10. By the way, how far are you when [name of police officer] frisked Rico?
A: About two (2) meters away from them and I could clearly saw the incident Sir;
11. Q: I have no more questions to ask, do you have anything more to say or add to
your statement?
A: None at this moment Sir;
12. Q: Are you willing to sign to your statement containing twelve (12) questions and
answers?
A: Yes Sir
END OF STATEMENT
TONY STARK
Affiant
JAYPHERSON T AGONOY
City Prosecutor
Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE NATIONAL CAPITAL REGION POLICE OFFICE
MANILA POLICE DISTRICT
MALATE POLICE STATION (PS-9)
A. Mabini Street, Malate, Manila
Tel. No. (02) 310-00-45
Email Address: [email protected]
September 4, 2023
BLOTTER CERTIFICATION
THIS IS TO CERTIFY that as per record available in the Police Blotter of Police
Station 9, Malate Manila, the following data exist:
Page No : 001
Entry No : 2023-09-123
Time : 3:00AM
Date : September 4, 2023
PSSg Bernabe Aquino, PCpl Froilan Arugay, and Pat Presco Babad members
of PS9 Malate, Manila designated as Tactical Motorcycle Riding Unit were dispatched
to conduct OPLAN BAKAL within the area of jurisdiction.
Page No : 001
Entry No : 2023-09-124
Time : 4:35 AM
Date : September 4, 2023
The said CICL was brought to this station and later on to Ospital ng Maynila for
physical and subsequently brought to Women’s and Children Protection Desk of this
station for documentation.
On the other hand, confiscated pieces of evidence were turned over to the duty
investigator and evidence custodian PCpl Bon Jovy Torino. Lastly, the said CICL was
turned over to City Social Welfare and Development for disposition.
Noted by:
September 4, 2023
BLOTTER CERTIFICATION
THIS IS TO CERTIFY that as per record available in the Police Blotter of Police
Station 9, Malate Manila, the following data exist:
Page No : 001
Entry No : 2023-09-123
Time : 3:00AM
Date : September 4, 2023
PSSg Bernabe Aquino, PCpl Froilan Arugay, and Pat Presco Babad members
of PS9 Malate, Manila designated as Tactical Motorcycle Riding Unit (TMRU) were
dispatched to conduct OPLAN BAKAL within the area of jurisdiction.
Page No : 001
Entry No : 2023-09-124
Time : 4:20 AM
Date : September 4, 2023
Page No : 001
Entry No : 2023-09-125
Time : 4:30 AM
Date : September 4, 2023
.
Personnel of this station brought the CICL to Ospital ng Maynila for his routine
physical examination with the assistance of WCPD officer, PCpl Dianne Baloaloa on
board HiLux 55.
Page No : 002
Entry No : 2023-09-126
Time : 5:30 AM
Date : September 4, 2023
Investigator-on-case turned over the custody of one (1) CICL to City Social
Welfare Development Office (CSWDO) for the determination of presence of
discernment.
Prepared by:
Noted by:
MEMORANDUM
3. Further request furnish this station result of the said verification to be used
as investigative reference.
MEMORANDUM
TO : Station Commander
Police Station 9 Manila Police District
FROM : Chief, FEO
SUBJECT : Initial Firearms Record Verification Report
DATE : September 4, 2023
3. For information.
ROBERT L GACHO
Police Colonel
Chief, Firearms Licensing Division
CONFIDENTIAL
Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE, NATIONAL CAPITAL REGION POLICE OFFICE
MANILA POLICE DISTRICT
POLICE STATION 9
Malate, City of Manila
MEMORANDUM
2. Further, request furnish this office a copy of examination result for our
reference.
.
3. For Information.
Noted by:
1. To determine whether or not the items marked “RB 9-4-23” can be considered
serviceable;
2. To determine whether or not the items marked “RB-1”, “RB-2” and “RB-3” with
date 9-4-23 were recovered during the aforesaid case can be considered
serviceable.
FINDINGS:
1. Physical Examination and actual test firing of the item marked “RB 9-4-23”
revealed that it can load and test fire as it fired caliber .38 cartridges;
2. Physical Examination and comparison of the Three (3) caliber .38 cartridges
marked as “RB-1”, “RB-2” and “RB-3” with date 9-4-23 respectively, revealed
that all the components necessary for a cartridge to be considered
serviceable are intact.
CONCLUSION
REMARKS: The original copy of this report and the items submitted are retained in
this laboratory for future reference.
TIME AND DATE COMPLETED: 12:00 PM/September 4, 2023
EXAMINED BY:
Santos Galario
Police Chief Master Sergeant
Forensic Firearms Examiner
APPROVED BY:
RODEL L MARAMMAG
Police Colonel
Chief, MPDFU
Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE NATIONAL CAPITAL REGION POLICE OFFICE
MANILA POLICE DISTRICT
MALATE POLICE STATION (PS-9)
A. Mabini Street, Malate, Manila
Tel. No. (02) 310-00-45
Email Address: [email protected]
September 4, 2023
ANDI NAVAL
CSWD Officer
Office of the City Social Welfare and Development
Malate, Manila
Dear Ma’am:
I. IDENTIFYING INFORMATION:
Minor, Rico Bang was allegedly accused of Violation of Sec 28 (a) in relation to
Sec e (1) of RA 10591 otherwise known as the Comprehensive Firearms and
Ammunitions Regulation Act. He was brought and referred to this office on September
4, 2023 and underwent for an intake interview and assessment of Discernment.
IV. HISTORY OF THE CASE
As per the interview of the minor, identified as Rico Bang y Tigas he relates
what happened to him on September 4, 2023 at about 4:00AM at Thirsty Bar located at
Malate, Manila. According to him, he was then with his four friends at the said bar,
having a good time when they noticed a group of Police Officers entered the bar to
conduct OPLAN BAKAL. One of the Police Officers instructed them to lift their upper
garments and saw from his waist a .38 caliber revolver that resulted to his
apprehension.
V. THE MINOR
Rico is skinny with a fair complexion. He is the eldest among three (3)
children of Protacio and Marina. He is not attending school.
On the other hand, in the index of Value Judgment Tools, he got a score
of 53 which suggests that he has a SUPERIOR LEVEL OF
DISCERNMENT which means that he is fully aware in determining what
is right and wrong and could recognize the reality that society has rules
to be followed.
For the FAMILY FUNCTIONAL CHECKLIST, the result shows that the
tool interpretation is FUNCTIONAL FAMILY since he got a score of
3.142, hence, his level of discernment score of 80 which suggests that
his level of discernment is SUPERIOR.
Prepared by:
ANDI NAVAL
CSWD Officer
Republic of the Philippines
City of Manila
MANILA DEPARTMENT OF SOCIAL WELFARE
CERTIFICATION
This is to certify that Rico Bang y Tigas, 17 years old, born on July 15, 2006,
Out-of-school youth, a resident of A. Mabini Street, Malate, Manila.
Per interview conducted, minor accepted the delinquent acts and that he is fully
aware of its consequence, a manifestation that he ACTED WITH DISCERNMENT.
ANDI NAVAL
CSWD Officer
Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE, NATIONAL CAPITAL REGION POLICE OFFICE
MANILA POLICE DISTRICT
POLICE STATION 9
Malate, City of Manila
September 4, 2023
Duty Physician
Ospital ng Maynila Medical Center
Malate, Manila, Philippines
Sir/Ma’am,
Request the conduct of physical examination on the living body of RICO BANG
y TIGAS, male, 17 years old, and a resident of A. Mabini Street Malate, Manila City
who was apprehended at about 4:15 AM of September 4, 2023, Thirsty Bar located at
A. Mabini St., Malate Manila for Violation of Sec 28 (a) in relation to Sec (E) (1) of R.A.
10591.
Further request furnish this office a copy of the result thereof for our reference.
CERTIFICATION
THIS IS TO CERTIFY that RICO BANG y TIGAS, male, 17 years old, single,
out of school youth and a resident of A. Mabini Street Malate, Manila City had been
examined in this Hospital on September 4, 2023 at about 4:50 A.M.
FINDINGS:
ISSUED this 4th day of September 2023 as per request of the interested party.
62 64
12. RESIDENCE (House No., Street, Barangay) (City/Municipality) (Province)
A MABINI, MALATE, MANILA
13. NAME (First) (Middle) (Last)
68 69
F PROTACIO SENA BANG
A 14. CITIZENSHIP 15. RELIGION
T FILIPINO
H PROTESTANT
70 72 74
E
R 16. OCCUPATION 17. Age at the time
CONSTRUCTION WORKER of this birth:
30
_______years
76 79
18. DATE AND PLACE OF MARRIAGE OF PARENTS (If not married, accomplish Affidavit of
Acknowledgement/Admission of Paternity at the back.)
May 17, 2005
_______________________________________________________________________________________________
19a. ATTENDANT
_____1 Physician ______ 2 Nurse x 3 Midwife
______ 81
_____4 Hilot (traditional Midwife) ______ 5 Others (Specify)
_______________________________________________________________________________________________
19b. CERTIFICATION OF BIRTH
9:00
I hereby certify that I attended the birth of the child who was born alive at ______________o’clock
am/pm on the date stated above.
86 87
Signature ______________________________ A MABINI, MALATE, MANILA
Address ______________________________
MIDWIFE II
Title or Position _________________________ FEBRUARY 4, 2006
Date _________________________________
_______________________________________________________________________________________________ 88 91
20. INFORMANT
September 4, 2023
_________________________
Signature over printed name of Seizing Officer
PHOTO LOG
PHOTOGRAPHIC LOG
General Information CAMERA INFORMATION
Date: September 4, 2023 Samsung Galaxy 1234
Case Nr. Or I.D.
Location: Thirsty Bar A. Mabini St.
Malate, Manila
Photographer: Pat Babad
Preparer Assistant:
Description of Photographic
PHOTOS USE of SCALE
Subject/miscellaneous/comments.
PSSg Aquino, PCpl Arugay and Pat
1. L-1 NORMAL Babad together with MS. Ann Kits the
owner of the bar;
PSSg Aquino announces the OPLAN
2. L-2 NORMAL Bakal to the five (5) Male customer of
Thirsty Bar;
The customers obeyed the order of the
police officers and lifted their
3. L-3 Normal
respective upper garments except one
(1);
PCpl Arugay approached one (1) male
4. L-4 NORMAL customer who did not follow the order
of the police officers and tried to flee.
PCpl Arugay asked the resisting
customer the bulging object on his
right part of his waist and
5. L-5 NORMAL
subsequently frisked the resisting
customer and recovered a .38 caliber
pistol.
PCpl Arugay apprehended the
customer when he was unable to
present any legal documents to
6. L-6 NORMAL possess firearms and the customer
was apprised of his constitutional
rights in dialect known and understand
by him.
PCpl Arugay marked the seized pieces
7. L-7 NORMAL of evidence.
L-2
L-3
L-4
L-5
L-6
L-7
L-8
September 4, 2023
CHAIN OF CUSTODY
Name of CICL:
Rico Bang, 17 years old, (DOB: February 14, 2006), Out of
school youth, and resident of A. Mabini St., Malate, Manila;
Time, Date, and Place of Occurrence (TDPO): At about 4:00 AM of September, 2023
at Thirsty Bar located at A. Mabini St., Malate Manila
b. Three (3) live ammunitions marked as “RB-1”, “RB-2” and “RB-3” with
date 9-4-23 respectively;