Affidavit of jovencio p ablen, jr

REPUBLIC OF THE PHILIPPINES City of Manila

)

) S.S.

AFFIDAVIT

l, JOVENCIO P. ABLEN, JR., Filipino, of legal age, with postal address c/o National Bureau of lnvestigation, Taft Ave., tr/anila, after having been sworn to in accordance with law, do hereby state and depose:

1.

I am presently employed at the National Bureau of rnvestigation (NBl) as lntelligence Agent I assigned to the NBI - cordillera Administrative Region in Baguio City.

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lstaded working at the NBI sometime in 1991 as lntelligence Agent assigned to the criminal lnvestigation Division - NBI ttlain office. since

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then, I have been working with the NBl, and has been transferred to various divisions of the tVlain Office, other regional and district offices.

3. As an NBI lntelligence Agent,

my functions include:

a. lntelligence gathering for illegal activities of syndicated C

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b.

c. d. e.

groups such as US visa scam, video piracy, kidnapping, and prohibited drugs, among others.

Assisting in the investigation of cases handled by NBI investigative agents, including service of warrants of arrest and search warrant.

Doing undercover tasks such as surveillance works, posing as balut vendor and poseur buyer, among others.

Preparing intelligence reports on assigned operations Performing other tasks that may be assigned from time to time.

4. As NBI intelligence agent,

underurent various special trainings, including the bomb technician and post blast investigation course. I took the bomb technician course sometime in 2007 at Philippine Bomb Data Center in Camp Crame, Quezon City. On the other hand, I took the post blast investigation course sometime in 2008 at Camp Tambler, General Santos City.

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5. Sometime in 2006, I was assigned to the then newly created AntiTerrorism Division (later renamed as Counter Terrorism Dlvision), lntelligence Service of the NBI - Main Office. As such, my intelligence work focused on terrorist activities such as bombings, kidnapping, etc.

6. Sometime in September 2012, Chief Raoul Manguerra of the

NBI (CTD) including me, to called several agents, Counter Terrorism Division his office. We were told that there is a request from Dep. Dir. Rafael Z. Comptroller Services, who, as far as know, was Ragos, NBI

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performing the functions of O|C-Director of the Bureau of Corrections (BuCor) at that tlme although he was not yet officially designated as such, to assist in the investigation of the escape of a certain Mr. Rommel Laciste, an inmate at the ltlaximum Security Compound of the New Bilibid Prison, from the said facility on 't5 August 2012.

7. Chief fi/languerra included me in the investigation team and was tasked to gather information on the escape of Mr. Laciste, particularly on whether he had assistance from personnel ofthe BuCor.

8. As part of the investigation, I went to the BuCor almost every day for about two weeks, and had the opportunity to talk to some prison guards, other BuCor employees, and Dep. Dir. Ragos to whom I directly reported to inform him of the progress of the investigation.

9.

reported to Dep. Dir. Ragos almost every day in the Office of the Director of the BuCor. He even calls me up to inquire on the status of the investigation.

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10.

I had direct contact with Dep, Dir. Ragos because I personally know him since the time ljoined the NBI in 1991 . ln fact, we were both assigned at the Criminal lntelligence Division at that time. ln 2000, he became my immediate superior at the Background Investigation Division.

11.

Further, I assisted him in some cases assigned to him. We are both hard workers so we eventually developed a good rapport. Due to our constant interaction, I earned his trust to the extent that we became friends. I fondly call him "Tito Raf'and he calls me "Jun, Junior or Nior".

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12.

Even after I was transferred to another division, Dep. Dir. Ragos and I remained close friends.

13.

After about two weeks, our investigation on the escape of Mr. Laciste was concluded.

14

Sometime in November 2012, lhe post blast investigation team of the CTD, myself included, received another directive from Chief Manguerra to conduct a post blast investigation on the grenade explosion incident inside the Maximum Security Compound of the New Bilibid Prison (NBP) that happened on 16 November 2012.

15.

We investigated several inmates who were suspected to be involved in the grenade explosion incident. Likewise, several high proflle inmates (HPls) were also investigated for possible involvement in the blast incident, particularly leaders of opposing gangs.

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'16. The investigation took two weeks to complete.

Based on the

investigation of the team, the explosive device used in the 16 November 2012 blast incident at the Maximum Security Compound of the NBP was an tVK-ll fragmentation grenade.

17.

During the investigation, our team regularly reported the progress of the investigation to Dep. Dir. Ragos, who was then the official Officer-inCharge of the BuCor. Just like in our investigation on the escape of Mr. Laciste, I personally conferred with Dep. Dir. Ragos concerning the status of our present investigation.

18.

Further, during the investigation, Dep. Dir. Ragos requested me on several occasions to stay in the BuCor premises even after office hours to accompany him. ln fact, there were times that I even slept at the BuCor Director's Quarters.

19.

At some point, he requested me to assist him in his daily office

activities to which I obliged even if his request was beyond my duty as part of the investigation team tasked to probe the 16 November 2012 blast incident.

20.

On 22 November 2012, Dep. Dir. Ragos requested our investigation team to assist him in conducting a raid on the kubol of a certain Sam Li Chua, who turned out to be a high profile inmate involved in illegal drugs.

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21.

On the morning of 24 November 2012,,|received a call from Dep. Dir. Ragos asking where I was. I told him I was at home. He replied that he will fetch me to accompany him on a very important task.

22.

Approximately an hour later, he arrived at my house. I boarded his vehicle, a Hyundai Tucson with plate no. RGU910. He then told me that we will deliver something to the then secretary of Justice, sen. Leila de Lima. He continued and said "Nior confidential 'to. Tayong dalawa lang ang nakakaalam nito Dadathin natin yung quota kay Lola' 5M 'yang nasa bag. Tingnan mo."

23. The black bag he was referring to was in front of my feet. lt is black handbag.Whenlopenedthebag,lsawbundlesofoneThousandPeso bills.

24.

At about 10 o,clock in the morning, we arrived at the house located at

LagunaBaycornerSubicBayDrive,southBayVillage,ParanaqueCity.

25.Dep.Dir.Ragosparkedhisvehlcleinfrontofthehouse'Weboth

alighted the vehlcle but he told me to stay. He then proceeded to the house.

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26.

From our parked vehicle, I saw [\Ir. Ronnie Dayan open the gate.

Dep. Dir. Ragos then handed the black handbag containing bundles of one thousand peso bills to [t/r. Dayan.

27.

At that time, I also saw the then DOJ Sec. De Lima at the main door of the house. She was wearing plain clothes which is commonly referred to as "dusfel'.

28.

The house was elevated from the road and the fence was not high that is why I was able to clearly see the person at the main door, that is, Sen. De Lima.

29.

When Dep. Dir. Ragos and Mr. Dayan reached the main door, I saw

Mr. Dayan hand the black handbag to Sen. De Lima, which she received.

The three ofthem then entered the house.

30.

After about thirty (30) minutes, Dep. Dir. Ragos went out of the house.

He no longer has the black handbag with him.

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31.

We then drove to the BuCor Director's Quarters in Muntinlupa City.

While cruising, Dep. Dir. Ragos told me "Nior'wag kang maingay kahit kanino at wala kang nakita ha.", to which I replied "Sabi mo e. Edi wala akong nakita."

On the morning of 15 December 2012, Dep. Dir. Ragos again fetched me from my house and we proceeded to the same house located at Laguna Bay corner Subic Bay Drive, South Bay Village' Paranaque Clty.

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That time, I saw a plastic bag in front of my feet. I asked Dep. Dir' Ragos "Quofa na naman Srrr?". Dep. Dir. Ragos replied "Ano pa nga ba, 'tang ina sila lang meron".

At around 11 o'clock in the morning, we arrived at the house located

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inLagunaBaycornerSubicBayDrive,SouthBayVillage,Paranaque city. bep. Dir. Ragos again parked in front of the house and alighted the cat.

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gate' I Just like before, Dep. Dir. Ragos was met by Mr' Dayan at the gate' saw Dep. Dir. Ragos hand the plastic bag to Mr' Dayan at the Thereafter, theY entered the house.

After about fifteen (1 5) minutes, Dep' Dir' Ragos went out of the house and we proceeded to the BuCor Director's Quarters in Mluntinlupa city.

36.

37.

At around 10 o,clock in the morning of 17 December 2012, lwas

instructed by Dep. Dir. Ragos to meet a certain Mr. Johan at Katarungan

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Village, ttluntinlupa City. He told me that lvlr. Johan will hand something to me; a Christmas gift from a certaln Mang Kiko.

38.

Approximately an hour after, I received a call from a person who introduced himself as Mr. Johan. He told me to meet him at the lvlain Road of Katarungan Village - Daang Hari side.

39.

I went to the location that li/r. Johan mentioned, together with the personal driver of Dep. Dir. Ragos who I only know by the name "Noel".

While waiting, I again received a call from [Vlr. Johan asking where I am.

I told him l'm already at our meeting place. He answered "Ah ok. Nakita

na kita".

40.

A black pick up stopped behind our vehicle. A person alighted and

called me by my name. I asked if he was Mr. Johan to which he replied "yes".

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Mr. Johan then handed a small brown paper bag containing one

sealed white letter envelope to me and a small box.

42.

Upon receipt of the paper bag, I called Dep. Dir Ragos to inform him that I already got the Christmas gift of Mang Kiko. Dep. Dir. Ragos told me to meet him at the house of one of the BuCor personnel also in Katarungan Village, Muntinlupa City.

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Upon meeting Dep. Dir. Ragos, he asked what Mr. Johan handed to me. I said a small brown paper bag with a sealed white letter envelope and a small box. He then asked me to bring him the sealed white letter envelope to which I comPlied.

43.

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On 4 January 2013, at about 10 o'clock in the morning, Dep. Dir. Ragos instructed me to call all the gang commanders and high profile inmates to his office for a meeting.

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45.

I relayed his instruction to Supt. Ayala, the over-all in charge at the Maximum SecuritY ComPound.

46. Seventeen inmates responded and reported to the conference room in front of the Office of Dep. Dir' Ragos. They were:

. Froitan Trestiza - Commander of Batang City Jail . Herbert "AmPang" Colangco o Amin Boratong . Vic Mercado . Arman Agojo . Peter Kho . Sam Li Chua Page 5 of 10

a a a a a a

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Noel lVlartinez - Commander of Genuine llocano Group Aaron Chen Masiao - Commander of Batang Mindanao Vicente Ang Sy Raymond Dominguez Norbert Antiquando Jeybee Sebastian - Commander of Commando Ben Marcelo Jerry Punzalan Dexter Directo

Dep. Dir. Ragos then called the inmates I mentioned one by one to his office, and said "Simula ngayon, ano man ang concerns at requests nyo, Si Jun ang kokontakin nyo. Meron tayong "Tara', na php100k every week effective ngayon. Coordinate nyo kay Jun ang pagbigaf'. lwas also in the room when Dep. Dir. Ragos gave these instructions to the inmates I mentioned.

l'48.|n the afternoon of the same day, several inmates either called or texted me saying "patawag nyo na ako" indicating that they are ready to deliver the One Hundred Thousand Pesos (Php 100,000.00) "Iara". Theywere:

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r Froilan Trestiza - Commander of Batang City Jail o Herbert "Ampang" Colangco . Amin Boratong o Peter Kho . Sam Li Chua . Noel Martinez - Commander of Genuine llocano Group . Aaron Chen o Masiao - Commander of Batang Mindanao . Ben Marcelo . Jerry Punzalan

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49.

The inmates I mentioned each handed a sealed red"Ang PaW'lome.

50.

Upon instruction of Dep. Dir. Ragos, I opened the "ang paws" given by the above mentioned inmates. The "ang paws" contain money which I counted in front of Dep Dir. Ragos inside his room at the Director's Quarters. The total money from all the "ang paws" amounted to One Ii4illion Pesos (Php 1,000,000.00).

51.

After counting the money, I gave it to Dep. Dir. Ragos. He then gave me Five Thousand Pesos (Php5,000.00) with the instruction "lkaw na bahalang magpakain sa iba." On some other occasions, he would give me Five Thousand to Ten Thousand Pesos which I use to treat other BuCor personnel.

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52.

He asked about the other gang commanders and HPls. I answered what the inmates told me, that is, they are still raising the money and will text me if the money is ready.

53.

As instructed, I collected the weekly "Tara" 'from the inmates

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mentioned earlier until I left the BuCor on 23 January 2013. ln total, I collected three weekly "Tara". ln those three collection weeks, all the seventeen gang leaders and HPls complied and gave their "Iara", which I then turned over to Dep. Dir. Ragos.

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Other than collecting "Tara", I was also assigned by Dep. Dir. Ragos to accept application for "special requests" made by gang groups and high profile inmates.

55.

"Special requests" refer to the allowance of entry of goods and services to the Maximum Security Compound like construction materials for "kubof', food condiments, cooking utensils or equipment. For these "special requests" to be granted, the requestor must pay an amount.

56. ln December 2012, I handed numerous "special requests" from

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inmates, which I received from Supt. Ayala, requesting Dep. Dir. Ragos to allow entry of a wide variety of goods and services ranging from livestock, music bands, mocha girls, and others. Dep. Dir. Ragos approved numerous "special requests".

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Thereafter, I received envelopes andior plastic bags several times from Supt. Ayala containing money. Supt. Ayala told me that these money were paid by the inmates for the approval of their "special requests". Some of the envelopes and plastic bags were not sealed so I was able to verify that they contain money'

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ln turn, I handed over the envelopes and plastic bags given by Supt' Ayala to Dep. Dir. Ragos, who received the same.

Aside from the proceeds of the "special requests", Supt' Ayala also handed over sealed envelopes to me on several occasions to be given to Dep Dir. Ragos. Supt. Ayala told me the envelopes contain m9!9y given'by fUang Xit(o, who is the official caterer for the meals of the .commission,,of Dep. Dir. Ragos on the meal allowance inmates, as the of inmates.

Because I frequently received envelopes containing money from S.upt' given Ayala, I have strong reason to believe that the sealed envelopes

by Mang Kiko contains money.

The envelopes from Mang Kiko were handed to me weekly from November 2012 up to January 2013. Upon receipt of the envelopes' I

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turned them over to Dep. Dir. Ragos, who received the same'

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oz.

ln addition, I also received sealed "ang paws" from Supt. Ayala on several occasions during the month of December 2012. He told me that the "ang paws" were given by inmates whose requests for allowance or accommodation of additional visitors were approved by Dep. Dir. Ragos.

63. Upon receipt of the envelopes, I handed them over to Dep. Dir. Ragos in his office at the BuCor, who received the same.

64.

On the latter part of December 2012, I asked Dep. Dir. Ragos to allow me to return to my mother unit, that is, the Counter Terrorism Division, NBI - tt4ain Office as I cannot take anymore his orders and instructions.

But he insisted that I stay until January 2013.

65.

On 18 January 2013, he accused me of pocketing One lt/illion Pesos (Phpl,000,000.00), which was part of the Christmas gift given by Mang Kiko and was handed to me by Mr. Johan on 17 December 2Q12.

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66.

I vehemently denied his accusation, and asked for a conference with lVlr. Johan and his personal driver, Mr. Noel. However, he did not grant

my request. lnstead, he ordered me to leave the BuCor on 23 January 2013.

67.

Thereafter, I returned to the Comptroller's Office at the NBI - Main Office, where I was officially assigned by a special order transferring me from the Counter Terrorism Division to the Comptroller's Office.

68.

After I returned to the NBI - Main Office on 23 January 2013' I started to receive verbal threats from Dep. Dir. Ragos demanding my resignation or else he would have me killed.

69.

His threats prompted me to execute two written narrations. The first written narration details all the illegal activities of Dep Dir. Ragos wherein we delivered money to the house including -atthe two incidents Laguna Bay corner Subic Bay Drive, South Bay Village, located

ParanaqueCity,whichlbelievetobethehouseofSen'DeLima'The second written narration excluded the deliveries of money to the

mentioned house, and focused only on the illegal activities inside the Bureau of corrections. I gave a copy of the second written narration to Col. Rey Liwag and asked him to give the same to the Sen' De Lima' who was then the DOJ SecretarY. My purpose in giving the second written narration to Co|. Liwag was to stop Dep. Dir. Ragos from threatening me'

70,

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I chose

col. Liwag because I know that he is a confidant of the then

DoJSec.DeLima.Uponreceiptofmywrittennarration,Col.Liwag

assured me that he wili give my written narration to then DOJ Sec. De Lima.

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72.

Sometime in February 2013, I received a call from Dep. Dir. Ragos yelling and cursing me, saying "Jun putang ina mo, bakit ka gumawa ng sulat? Bawiin mo'yun". That is when lrealized that my letter reached Dep. Dir. Ragos.

73. I answered Dep. Dir. Ragos "hrndl ko babawiin 'yun. Maaaring mapatay mo ako pero sisiguraduhin kong magiging bangungot ako sa buhay mo".

74.

On 25 August2016 at about 1:18 in the morning, lreceived a text message from Dep. Dir. Ragos asking "Gisrng ka pa Jun?".1 was not able to answer his message. Attached herewith is a printed screenshot of the mentioned text message in my phone as Annex "A".

75.

Dep. Dir. Ragos then called me at around 1:25in the morning. Our conversation went as follows:

p

Dep. Dir. Ragos

Jun si Raffy'to

Jun

Bakit sir?

Dep. Dir. Ragos

Eto sasabihin ko ha. 'yung pag-alis mo sa BuCor kasi binabanatan ka at iniintriga.

'Yung papers mo wala yun 'ha. Kalimutan mo'yun.

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Thereafter, the call was interrupted and dropped. Attached herewith is a printed screenshot of the call logs of Dep. Dir. Ragos on 25 August 2016 in my phone as Annex '8".

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Dep. Dir. Ragos tried to call me again using his other phone. When I failedio answer his call, he sent a text message at about 1:29 in the morning of the same day, saying "answeriun". Attached herewith is a printed-screenshot of the second text message of Dep' Dir' Ragos in my phone as Annex "G".

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Dep. Dir. Ragos called again at around 1:30 in the morning using his other phone. I answered and our conversation went as follows:

:

Jun

: : Jun Dep. Dir. Ragos : : Jun Dep. Dir.

Ragos

Tumatawag ka ba para sabihin lang yan?

Magsisinungaling ako?

Hayop na Ronnie yan' Galit ako dyan' Kung ako sa'yo mag-testify ka na' Mag-usap tayo' Nasaan kaba?

E nag-uusap na taYo a'

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Dep. Dir. Ragos

Hindi, basta mag-usap tayo. Tatawag ako ulit.

Thereafter, Dep. Dir. Ragos ended his call. See Annex "B" for the screenshot of the call log of Dep. Dir. Ragos on 25 August 2016.

78.

After the said call, I did not receive any call or text message from Dep. Dir. Ragos.

79.

I am executing this affidavit to attest to the truth and veracity of the foregoing facts and circumstances, and for whatever legal purpose it may serye.

ln witness whereof, I hereunto affix my signature thi 2016 in the City of Manila, Philippines.

J

day of September

. ABLEN

R

Affiant Assisted by:

ATTY.

EL A. SALVADOR Public Attorney lll

SUBSCRIBED AND SWORN TO before me this 3'd day of September 2016 in the city of tvlanila by affiant, MR. JOVENCIO P. ABLEN, JR., who exhibited to me his NBI lD. No. 013 issued by the National Bureau of lnvestigation - Manila bearing his picture and signature'

ATTY. DE Pu (Pursua

R U. HUERTA

rney lll .A. No. 9406)

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