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Cross Examination Questions:

The purpose of these set of questions is to establish that accused in this case
were unlawfully arrested and searched. There must be a lawful arrest before
there can be a valid search incidental to an arrest (Malacat vs CA, 283 SCRA 159,
175 (1997) cited in People vs Chua Ho San 308 SCRA 432, 449 (1999). There was
NO valid warrantless arrest since accused has not committed, was not actually
committing or attempting to commit an offense in the presence of the arresting
officer. If at all, they committed a traffic violation which cannot put them under
arrest. For such invalid warrantless arrest, no valid search can be conducted.
We can question the arrest since it is related to the search conducted. The
failure to object to the irregularity of an arrest prior to the arraignment does not
involve a waiver of the inadmissibility of the evidence. It only amounts to a
submission to the jurisdiction of the trial court.
Defense Counsel: With permission from this court, your Honor.
I. QUALIFICATIONS OF THE POLICE OFFICER
1. Mr. Witness, youve been a police officer for at least _ years correct?
2. Youve been in the service since ______?
3. Your basic training, of course, includes search and arrest, right?
4. This case involves the application of your knowledge regarding search and
arrest, correct?
5. In the __ years of your service, have you handled alot of drug-related
cases?
6. More than 5? 10? 20? drug-related cases?
7. The incident that happened between November 24 and 25, 2011 was not
the first time that you ever handled a drug-related case, correct?
8. So you have more than adequate knowledge regarding drug violations?



II. MOBILE SURVEILLANCE OPERATION

9. I want to talk to you about the night of November 24, 2011..... That night at
around 11:30PM, you and your fellow complainants went to Villa Azura,
right?
10. Your purpose in going there is to conduct a Mobile Surveillance Operation
for motorcycle thieves, correct?
11. Was there a memorandum order issued to conduct that Mobile
Surveillance Operation? (If YES, did you carry it with you during your
surveillance?)
12. You did not use a patrol car for the Mobile Surveillance Operation
conducted on November 24, 2011, correct? (It is not mentioned in your
joint affidavit of apprehension that you used a patrol car, right?)
13. *You used a private vehicle for the aforementioned Mobile Surveillance
Operation, correct?
14. * Ordinary residents of Villa Azura could not know that the private vehicle
you were using is occupied by police officers?
15. *They could not because it was a private vehicle?
16. You were not wearing your official uniform when you conducted the
surveillance on November 24, 2011, correct?
17. *You were wearing civilian clothing at that time?

III. OBSERVATIONS OF THE POLICE OFFICER
18. At around 12:30 am of November 25, 2011, you and your companions
decided to leave Villa Azura, is it not?
19. You finished conducting surveillance in Villa Azura already at that time,
correct?
20. You were about to exit Villa Azura when you saw the motorcycle of Mr.
Marinay and Mr. Sajulga, right?
21. That time you were still not able to completely exit the subdivision when
you saw them, correct?
22. You were facing the highway that time, right?
23. When you saw the single XRM motorcycle colored red, was it still
traversing the highway?
24. They parked their motorcycle on the curb of the north-bound lane?
25. You were still inside your (private) vehicle when you saw the motorcycle,
right?
26. Did the motorcycle park in a well-lit area?
27. All of you could clearly see the motorcycle?
28. The motorcycle was far from your vehicle?
29. Was it near your vehicle?
30. It was less than 2 meters away from you?
31. It was less than 5 meters away?....so on
32. All of you could see the two(2) men disembarking from that motorcycle?
33. Could you see them clearly at that distance?
34. Could you see their faces?
35. You recognized them, correct?
36. *Did you know my clients before the incident that happened between
November 24 and 25, 2011?

IV.
37. You could see what they were doing after disembarking?
38. Did they look threatening?
39. Were they armed?
40. Did they look like they were armed?
41. You presumed that they sat immediately on the concrete barrier upon
sensing your vehicle, correct?
42. You presumed that the reason why they sat immediately was because they
sensed the presence of police officers?
43. You consider sitting immediately on a concrete barrier upon sensing a
(private) vehicle as an unusual conduct?
44. You consider this as a suspicious conduct?
45. Their act of immediately sitting on the concrete barrier upon sensing your
vehicle is what prompted you to park your vehicle beside their motorcycle,
correct?
46. Is sitting immediately on a concrete barrier upon sensing your vehicle, an
overt act indicating that they just committed a crime? If yes, proceed to
number 43.
47. Is it an overt act that they were committing a crime? If yes, proceed to
number 43.
48. Is it an overt act that they just attempted to commit a crime? If yes,
proceed to number 43.
49. What crime or offense then?
50. All in all, you consider their act of sitting immediately on a concrete barrier
upon sensing your (private) vehicle as just a suspicious conduct, is it not?
51. It is not an illegal or criminal act, correct?

V. TRAFFIC VIOLATION
52. You proceeded to park your vehicle beside their motorcycle, correct?
53. Their motor vehicle was not moving anymore at that time, correct?
54. It was not in transit, right?
55. You deliberately parked your vehicle near the motorcycle to investigate,
correct?
56. Did you and your companions disembark from your vehicle after parking
near the motorcycle?
57. All of you saw at the same time that the plate number is dilapidated?
58. Was it you who saw that the plate number is already dilapidated?
59. Having a dilapidated plate number is a mere traffic violation, right?
60. Driving without registration is also a traffic violation, right?
61. You can confiscate his drivers license only, right? (Pursuant to RA 4156)
62. For the traffic violation that they committed, you just have to take them to
the police station and issue a receipt, correct?
63. When you accosted them for the traffic violation, did they flee?
64. Did they resist your questioning?
65. They voluntarily answered your questions, correct?

VI. POUCH TIME
66. After you questioned them about their identification and the documents of
the motorcycle, you proceeded to look at the Chassis and Engine Number
of the motorcycle without a search warrant, correct?
67. During that period of time.. while you were verifying the Chassis and
Engine Number, Mr. Marinay and Mr. Sajulga were not under arrest,
correct?
68. You found the pouch while checking the Chassis and Engine Number of the
motorcycle, correct?
69. When you found the pouch, was it already open? You could see what was
inside? So it is only slightly opened, correct?
70. Did you ask Mr. Marinay and Mr. Sajulga who were the owner of the
aforementioned pouch?
71. *Did they confirm that they were they owner of the pouch?
72. Was it a small pouch? About the size of your palm, right?
73. It is colored dominantly in red, correct?
74. It was not a kind of pouch wherein you can see what is inside without
opening it, right?
75. It really was not a transparent pouch?
76. You did not know what was inside?
77. You wanted to know what was inside, correct?
78. Did you expect to find three (3) packets of white chrystalline substance?
79. Did you ask permission from my clients to open the pouch?
80. *Did they allow you to open the pouch?
81. After that,you opened the pouch, correct?
82. You opened it when my clients were not under arrest, correct?
83. You also opened it without a search warrant?
84. Did you expect to find three (3) pieced of heat-sealed transparent plastic
sachet containing white crystalline substance before you opened it?
85. Upon seeing the three(3) pieces heat-sealed transparent plastic sachet
containing white crystalline substance believed to be Shabu, you
immediately placed them under arrest, is it not?
86. You arrested Freddie Marinay and Crispen Sajulga for alleged transporting
of shabu on Nov 25,2011 at 12:30 am, is it not?
87. When you effected the arrest, there was no warrant of arrest, is it not?
88. So you obtained the 0.3403 grams of shabu, prior to arresting the accused
for transportation of dangerous drugs, correct?


VII. CHAIN OF CUSTODY
1. Mr. Witness, are you familiar with RA 9165? Particularly Section 21, Art II of
the said law?
2. Mr. Witness, did you prepare an inventory of the objects seized?
3. Was it prepared before the arrest?
4. Was it prepared after the arrest?
5. Were you alone when you prepared the inventory?
6. Were you with your fellow complainants?
7. Were they situated in such a way that they can clearly see what was being
written in the inventory by SPO1 Del Rosario?
8. Was the accused with you when it was prepared?
9. Am I correct Mr. Witness that the inventory was prepared not in the place
where it was seized?
10. Now, you were supposed to require the accused to sign this inventory,
correct?
11. Did you have him sign this inventory?
12. Was there another person when the inventory was made?
13. Did he/they sign the inventory?
- Your Honour, we would like to call the attention of this honourable
court to Exhibit C as presented by the prosecution. It is a copy of the
receipt for property seized. Only three out of four seizing officers were
able to sign Your Honour. However, no witness signed the inventory.
Even the accused himself did not sign.



VIII. Handling

1. Did you immediately mark the evidence after seizing it?
2. Did you mark it at the place where they were seized?
3. So, you only marked it after you brought them to the police station?
4. Did you immediately photograph the items seized in the crime
scene?
5. You photographed it only in the police station, correct?
6. Who were present during that time?
7. Mr. Freddie Marinay and Crispen Sajulga were present, correct?
8. Where were you when it was marked?
9. Were the accused present?
10. Did you mark the 3 heat-sealed plastic sachets?
11. Who is the custodian of the items seized upon proceeding to police
station?
12. Who handed the property seized to the chemist in your laboratory?
13. Was it the same sealed plastic sachet that you marked?
14. Who received the items in the laboratory?
15. Was PO2 Balacase with you when you submitted the same to the
PNP Crime Laboratory?
16. Is PO2 Balacase one of the members of the apprehending team? If
yes, he did not sign the joint memorandum of apprehension that the
apprehending team executed correct? Your Honor, we would like to
point out that Exhibit __ (the joint affidavit of apprehension), the
name of PO2 Balacase does not appear as one of the apprehending
officers.