Republic of the Philippines )
Sto Tomas City ) S.S
Province of Batangas )
X------------------X
AFFIDAVIT OF SEPARATION
I, PMAJ JOSE BARCE TUCIO , of legal age, member of the Philippine National
Police, presently assigned with the Office of the Bay Municipal Police Station Laguna
Provincial Police Office, PRO4A (CALABARZON), Camp Vicente Lim, Calamba City,
Laguna and further designated as Chief of Police Bay MPS , Bay , Laguna having been
duly sworn to in accordance with law, do hereby depose and state:
1. I avail through financing of AFP/PNP Housing Program of the National
Housing Authority undertaken by J.C CONSTRUCTION AND
DEVELOPMENT AUTHORITY at Villa de Pio with lot 24 and lot 26 Block 2,
Brgy San Miguel, Sto Tomas City, Batangas;
2. That upon full payment of the amount intended for the specified property
above I was required to secure the signature and consent of my spouse as a
prerequisite in the execution of deed of sale;
3. I was married to Iryn Mendilibar Tucio but since 2016 I was not
communicating with her
That at about 9:05 PM of December 9, 2018, I received a cellphone call from
SPO1 Rene Eufracio (SPO1 Eufracio for brevity), Team Leader of RSOU4A Rizal Team
informing me that he coordinated with Cainta MPS for the conduct of casing
surveillance in the area. I advised him to inform PSUPT REYCON GARDUQUE
(PSUPT GARDUQUE for brevity) Chief, RSOU4A for which he replied in the affirmative
that he already did;
That, at about 11:00 PM of same date I received another call from SPO1
Eufracio informing me that a dragnet operation was made and requested HPG-HPT
Rizal and Cainta MPS for possible apprehension of the occupants of Toyota Fortuner
bearing plate number NOF 845 who evaded apprehension by the HPG-HPT Rizal for
violation of RA 4136 (DELINQUENT REGISTRATION OF MOTOR VEHICLE) while
conducting Spotting Operation and immediately informed PSUPT GARDUQUE, Chief
RSOU4A who gave clearance.
That, at about 1:06 AM of December 10, 2018 I received a txt message from
SPO1 Eufracio using his cellular phone # 09216910032 informing me about the
incident. (Hereto attached copy of screenshots of said text messages as “Annex 1”)
That, gleaned from the foregoing events, it is quite clear that I have no direct
participation nor was I present in the area where the actual encounter happened. I was
only informed of such incident by SPO1 Eufracio via cellphone. As a standard
operational procedure, the undersigned immediately relayed the same to my superior
officer PSUPT GARDUQUE, Chief of RSOU4A.
That, I have no direct control over the said encounter that occurred on
December 10, 2018 at about 1:00 AM at Block 17, Road 34, Planters West bank,
Floodway, Brgy San Andres, Cainta, between members of Cainta MPS led by PSINSP
SANDRO ORTEGA, HPG-HPT Rizal led by PSINSP JOHN RUSSEL BARNACHIA and
RSOU4A team Rizal led by SPO1 Eufracio and the occupants of Toyota Fortuner with
plate no. NOF 485 suspected members of Highway Boys that resulted to the death of a
certain Richard Santillan y Yamba @ RED and Gesamin Casing y Generales @ MYN
MYN ((Hereto attached Initial Investigation Report dated December 19, 2018 as
“Annex 2”);
That, what transpired on said date is clear that I have no hand in the said event
because the incident happened in a spur of the moment and the decision to engage
with the suspects is a judgment call on the part of the operatives for which is beyond my
control, either directly or indirectly for I was very remote from the place of incident. I
cannot also be tagged as the principal author as regards the encounter that happened
for I always advice SPO1 Eufracio to strictly follow the PNP Operational Procedures,
respect for human rights and the rule of law. I also reiterated to them that any form of
abuse will not be tolerated and shall be dealt wth accordingly. Thus, I cannot be indicted
in this complaint either criminally or administratively because there was no showing that
I was a principal by direct participation or a principal by inducement in this present case
(Attached is the formal charge against the respondents and pinagsamang sinumpaang
salaysay wherein I was not indicted therein marked as “Annex 3” and “Annex 3a”
That, in order to avoid any inkling of cover-up, I ordered my men to submit
themselves to investigation. To show further respect to the PNP hierarchy, I also
submitted myself to investigation to include paraffin test, ballistics and test for gun
powder residue of my handgun wherein I yielded negative in paraffin test while my
handgun was tested positive for gun powder residue. The positive result is well
explained by the fact that on December 9, 2018, I had a handgun firing at the NPTI
Firing Range located at Brgy Mayapa Calamba City, Laguna from 9:00 AM to 11:00 AM.
(Hereto attached is certification from NPTI Range Officer SPO2 Dale C Likigan dated
March 12, 2019 and certified true copy of NPTI Range logbook marked as “Annex 4”
and “Annex 4a”;
That I am executing this affidavit to attest the truthfulness of all this foregoing
facts and circumstances and that I was not forced, coerced in executing this affidavit
PSINSP JOSE BARCE TUCIO
Affiant
SUBSCRIBED AND SWORN to before me this__________________ 2019
at Camp Vicente Lim, Calamba City, Laguna, Philippines. This further certify that I have
personally examined the affiants and that I am satisfied that they voluntarily and freely
executed his statement and understood its contents.
___________________
Administering Officer
