Police officer sued for perjury over gun buy-bust operation

A member of the Virac police station is being sued for perjury for lying in the sworn affidavit he executed on his participation in a gun buy-bust operation at the town cockpit last Dec, 8, 2022.

Simeon Talan, a resident of San Pablo, Virac, filed the criminal complaint against Patrolman Jayven Estrella, a native of Tabaco City, last Jan. 3, 2023 before the Provincial Prosecution Office.

Talan said that Estrella “willfully, unlawfully and feloniously made untruthful statements under oath upon a material matter” before Assistant Provincial Prosecutor Francisco Samonte Jr. regarding what happened during the operation mounted by the Virac MPS.

In his Affidavit of Poseur Buyer and Arresting Officer executed on Dec. 10, 2022, Pat. Estrella stated that during the operation he followed Talan as the latter went out of the gaffing area and took from him a blue plastic bag and subsequently handed over the buy-bust money which Talan placed inside a black coin purse.

Estrella also claimed that while Talan was creating a scene, he threw the purse on the ground from his pocket and shouted, “Pakuhon mo ining imo.”

Aside from the gun, a subsequent search by the police found drug and non-drug items in the purse, the policeman said.

There was no such incident that took place, Talan said, with the affidavit’s material contents “purely fabricated and devoid of truth as Estrella did not act as poseur buyer and arresting officer.

The “poultry doctor” submitted as evidence CCTV footage that belied the lawman’s statement that Talan sold to him a Cal. 38 revolver.

The video recording, apparently from the cockpits CCTV system, showed that Pat. Estrella arrived at the vicinity at 3:44:19 PM and stayed near the door of the gaffing area even after 3:48 PM when a commotion started nearby.

Then he walked slowly towards the place where a man (Talan) was being subdued by two men, the video showed, with Estrella standing near the man and then holding him while the latter was sitting on the ground.

It was this very same CCTV footage that Prosecutor Samonte relied on in dismissing the case for violation of Republic Act 10591 (Comprehensive Law on Firearms and Ammunition) and RA 9165 (Comprehensive Dangerous Drugs Act) filed by PLt. Arnee Julius Dedase against Talan.

Samonte ruled that the Rules of Court on warrantless arrest and search incident to a lawful arrest cannot be applied in the case against Talan.

“It follows that all evidence seized from the respondent are inadmissible in evidence for they were obtained in violation of the rights of the respondent to unreasonable search and seizure,” the prosecution office stated in its Dec. 28, 2022 resolution that dismissed the case against Talan for lack of probable cause.

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: