Вы находитесь на странице: 1из 5

STATEMENT OF THE CASE

This case involves a violation of Article II, Section 5 of Republic Act


No. 9165, otherwise known as the Comprehensive Dangerous Drugs
Act of 2002, in relation to Article I, Section 3 (k), (x), and (ff) of the
same Act. That a heat-sealed transparent sachet containing 0.36
grams of Metamphetamine Hydrochloride also known as shabu, a
dangerous drug, was confiscated from DIGONG DE LIMA Y MENDOZA
on a buy-bust operation conducted against him by virtue of a
confidential information from an informant.

The validity of the buy-bust operation cannot be established in this


case and this is substantiated by both testimonial and documentary
evidence duly admitted by this Honorable Court, during trial, as
follows:

A. Abstracts of the testimonies of the prosecution


witnesses.

As and by way of testimonial evidence, the prosecution presented


two (2) witness, as testified by:

1. P02 Tony L. Cayetano, the poseur buyer in this case.

He executed an affidavit which was presented during trial and he


testified in court as follows:

a. That on December 1, 2016, the police officers of Criminal


Investigation and Detective Unit (NCLCIDU-CIDG), DPS
Compound, Baguio City, in coordination with PDEA- CAR and
detectives of CIDG of Baguio City conducted a buy bust
operation against the suspect upon confirmation by the
Confidential Informant that the suspect is selling at any time
his items (shabu) to any prospective buyer.

b. For less than two hours, we were able to come up with the
team and were able to prepare all the needed materials for
the said operation. Also, I was designated as the Poseur buyer
to be assisted by our CI, while PO3 Romeo T. Canilao and SPO3
Wilbert Gatoc were tasked to give me a back-up support,
arresting officer, and searching party.Further, it was agreed
upon that the pre-arranged signal of operation to be executed
by me will be the removing of sunglass [meaning that the
drug deal transaction has already been
completed/consummated.
c. At about 5:20 PM of same date we proceeded on board a white
Toyota Sedan on the place of transaction which was agreed
upon by the CI and DIGONG, our target, and stopped our car
across the waiting shed beside the half court in Bayan Park,
Aurora Hill, Baguio City wherein we saw a lone male sitting in
the said waiting shed.

d. Upon arrival, I and the CI approached the male sitting in the


waiting shed and the CI called him DIGONG. The male who
was called by the CI as DIGONG then nodded at the CI as if to
acknowledge him. DIGONG then, in tagalog dialect, asked the
CI how much he will buy and CI told the suspect One
thousand lang. Digong also asked our CI who I am and our CI
told him that I am his friend a co-driver of truck from trading
post. Then, he demanded the money which I brought out the
Php1,000.00 [buy-bust money] from my pocket and handed it
to Digong. Digong immediately thereafter handed to me a
small piece of transparent plastic sachet containing white
crystalline substance suspected to be shabu inside the plastic
sachet.

e. As I have recieved it, I examined it and upon ascertaining that


the white crystalline substance placed in small transparent
plastic sachet is indeed shabu, I removed my sunglasses as
pre-arranged signal to SPO3 Gatoc, PO3 Canilao and our Team
Leader DELA ROSA who were left inside our vehicle and they
immediately rushed to the place of transaction and arrested
the suspect identified later as DIGONG DE LIMA y MENDOZA.

f. We immediately effected arrest of the suspect.PO3 CANILAO


was able to recover the marked money [Php1,000.00] from
the front pocket of DIGONG and another sachet of white
crystalline substance believed to be shabu. Moreover, SPO3
Gatoc read and explained to the suspect DIGONG the nature
of their arrest and his Constitutional Rights in Filipino while
PO3 Canilao frisked him; also, while in scene and in the
presence of arresting officers and the suspects, I marked the
small transparent plastic sachet containing white crystalline
substance with my initial and date TLC, 12-1-16 [Tony
Lorenzo Cayetano];and that we, together with the arrested
suspect immediately proceeded to BCPO STATION 6, AURORA
HILL for the inventory of the seized/confiscated evidence
[shabu].

g. That representatives from the Media and Barangay Officials


were notified to witness and sign the Inventory of Confiscated
Evidence in the presence of the suspect, who identified
himself as DIGONG DE LIMA y MENDOZA, 38 years old,single,
mechanic/driver and a resident of Aurora Hill, Baguio City.
h. That the accused was wearing a white shirt when we was
arrested and when his mug shots were taken.

The defense made a manifestation that the accused was wearing


a hoody jacket when his mugshots were taken as shown by
exhibits of the prosecution which is in contradiction with the
statement of the witness.

2. P03 Romeo Canilao, the back-up support, arresting officer


and searching party in the buy-bust operation.

P03 Canilao also executed a joint affidavit with the other arresting
officer SP03 Gatoc regarding the buy bust operation.

P03 Canilao testified in court as follows:

a. I am part of the buy-bust operation team conducted against


the accused.

b. That on or about 5:00 pm in the afternoon of December 1,


2016, I and the other member of the buy-bust team
proceeded to Bayan Park, Aurora Hill, Baguio City.

c. I saw a lone male sitting in the said waiting shed.PO2 Cayetano


and the CI alighted from our vehicle and proceeded to
approach a lone male sitting in the said waiting shed. After a
short conversation between the male and the CI, I saw PO2
Cayetano brought out one thousand peso bill which he handed
to the person talking with the CI who immediately handed to
PO2 Cayetano a small sachet containing white crystalline
substance suspected to be shabu.That when I saw the pre-
arranged signal of PO2 Cayetano,I and SPO3 Gatoc as well as
team leader Dela Rosa rushed to the scene and effected the
arrest of the suspect.

d. I together with SPO3 Gatoc frisked the male person later


identified as DIGONG DE LIMA y MENDOZA and recovered
another sachet of white crystalline substance suspected to be
shabu and the marked money (Php 1,000.00) from his front
pocket.

e. I marked the two heat sealed small sachets of white crystalline


substance believed to be shabu with markings RTC 12-1 -16
with signature.THAT, after the inventory, the suspects were
brought to NCLCIDU Office located at DPS Compound Utility
Road, Baguio City for documentation.

Moreover, these were his statements during cross-examination:


He said that, he was assigned at Station 3 Police Station Baguio
City which is in contradiction with what was written in his
affidavit- that he is currently stationed at DPS Compound. Then,
later he made himself corrected that indeed he is assigned at
DPS Compound. He also testified that the travel time from their
office to the crime scene is more or less 15-20 mins and yet, the
prosecution admitted that December 1, 2016, is the scheduled
date of the Lantern parade of Saint Louis University, which the
court is knowledgeable as well.

Further, the defense made a manifestation that the markings on


the sachet of shabu are the same as the other markings written
therein. That the writing strokes of each letter are all the same,
hence the markings are written by one and the same person.

Lastly , the defense also made a manifestation that the


information filed in court presented that there was only one
piece of .36 grams of shabu which is the subject matter of the
case , however, it turned out that there are 2 pieces of sachet of
shabu as presented by the prosecution during the trial.

B. Abstracts of the testimonies of the witnesses of the


accused.

As and by way of testimonial evidence, the defense presented two


(2) witness, as testified by:

1. Digong de Lima- The accused availed of his right to testify in


court to defend himself and he vehemently denied the charges
against him.

He said that on December 1, 2016, he was playing basketball with


his friends named: Arwin Santos, Jejomar Roxas, and Kobe Bryant at
around 5:00 in the afternoon. As a call center agent, his only day-off
is Thursday that is why he was able to play basketball with his
friends. Further, he said that he was topless and he was wearing a
maong jogger pants which are his usual attire every time he plays
basketball.

That on said date, while they were playing basketball, they noticed a
white sedan car parked near the basketball court. According to him,
it is very unusual for a car to park there because the road is a busy
road and once a car is parked there it will really cause traffic. Hence,
it really caught his attention. So while playing basketball, he cannot
stop himself from turning his head and was curious from that time
on. He said that his friends also noticed the car, indeed, they
stopped playing for few seconds until such time that the car blew
some horn and someone alighted from there. He described the
person that he was wearing sunglasses and that he was purposely
approaching the place where they were playing. He said that the
person deliberately approached him and asked questions about
directions going to the Lantern parade of Saint Louis University.
Then, he gave the directions. Moreover, the person handed to him a
crumpled paper. At first, the accused said, no, its okay. However,
the person insisted on giving it and took his hand and gave the
crumpled paper to the accused. When the latter uncrumpled it, he
immediately returns that piece of paper which turned out to be a
1,000 peso bill.The accused said, its too much and yet you are just
asking directions, there is no need, its okay. When the person got
the money back he removed his sunglasses. He further testified that
he was asked to kneel down, then he was handcuffed. The
companion of the person also came and they brought me to the
police station. My friends then cannot do anything because they
were prevented from going near me.

When he was asked if he was given information about his


constitutional rights as well as the presence of media, He said that
there were none. No reading of my rights , I do not know what is
happening, I was there at the police station then mugshots were
taken, only the police officers were there, no media at all.

2.Jejomar Roxas- He is the beloved friend of Digong. They were


friends since childhood. He attested to the fact that he knew that
Digong usually plays basketball with that Maong Jogger pants. He
also said that he noticed the same thing what his friend noticed.
Yes, a white sedan car was there and truly no car should park there
because it will really cause traffic. Then, after some time while we
were playing, the car blew horn and a man wearing sunglasses
alighted from the car. Of all people, the man seriously and
intentionally approached my friend Digong. So we stopped playing.
We were there when the man was asking directions. I saw that my
friend refused to accept that something that the man was trying to
insist that my friend should receive. Then, suddenly he was
handcuffed and we were prevented from there by the other
companions of the person wearing sunglasses.