UPDATED STATEMENT OF FACTS (Relevant)

TESTIMONY OF PROSECUTION WITNESS, JAIL OFFICER 1 ALBERT CARLOS

Jail Officer 1 Albert Carlos, a bonafide member of Bureau of Jail Management and Penology
currently assigned at Batangas City Jail of Batangas Province, testified that during the course of
his duties as searcher at the Mandaluyong City Jail-Male Dormitory, he happened to catch the
accused, Bainey Santos, bringing into the city jail the subject drugs and other matters related to
this case.

On April 20, 2017 at about 1:00 in the afternoon, Bainey Santos went inside the visiting
premises and upon Jail Officer 1 Carlos’ inspection of her belongings, he found sandals placed
inside an ecobag. There was an unusual bulge in the sandals so he became suspicious and inspected
it further. From there, he obtained two (2) objects. One (1) was a plastic sachet containing
suspected shabu and another one (1) was a strip of aluminum foil.

Jail Officer 1 Carlos brought the accused to their investigation unit and when asked for her
identity, they learned that the accused was visiting an inmate in the nameof Jonas Lee who was
arrested and detained for drug-related crimes as well. He placed markings on the plastic sachet and
the aluminum foil to remind him that these are the same sachets and foil he found during that time
he discovered it. A document containing the object evidence that he surrendered in the office of
SDEU was signed by him in the presence of a public officer, Kagawad Erwin Vargas.

After being inventoried at the SDEU, the items were brought to PO2 Barias of SOCO. Jail
Officer 1 Carlos recalled having signed the inventory and chain of custody receipt as well as an
arrest statement.

TESTIMONY OF DEFENSE WITNESS/ACCUSED, BAINEY SANTOS

Bainey Santos, 33 years old, single, residing at Block 333 Mandaluyong, is accused of
attempting to deliver inside the BJMP of Mandaluyong City a 0.72 gram of shabu.

When both were already near the City Hall gate, they saw a man who then approached them.
The man was Henry, who is a friend of Jonas Lee. Henry gave them a pair of slippers but they said
“hindi namin tatanggapin yan”. He suddenly grabbed Santos’ hand and placed the slippers inside
the ecobag she was carrying. Santos was not able to examine the slippers because they were already
rushing. Santos and Lee went upstairs to fall in line and when they were already in the entrance of
the city jail, they and their belongings were searched by the jail officers. When the ecobag Santos
was carrying was inspected, the jail officer took out the slippers from it and then saw a big
Toblerone. She was then asked by the jail guard to transfer to another table and remove the foil
from the Toblerone as it should not be brought inside. The jail guard, after searching the slippers,
asked them what the contents of it were. Nothing was shown to them.

Santos have visited “Jonas” at least once a week prior to April 20, 2017. During those times
that she made prior visits to “Jonas”, she was searched by the jail guards. There was not any prior
incident during those visits when something illegal was found in her body or belongings.
IRRELEVANT FACTS

TESTIMONY OF JO1 CARLOS

 A colleague of JO1 took photographs of the sandals and the items obtained from them.
 The witness stated that the sandals are now in the possession of a certain PO1 Francisco.
 On the same date JO1 saw two sets of photographs xx

TESTIMONY OF ACCUSED BAINEY SANTOS

 The ecobag was green.
 Contents of the bag
 Both Santos and Lee packed all the contents of the bag before they left to go to the prison.
 The accused brought the bag with food and Jovi was the one who brought the bag with the
softdrinks.
 The accused’s visit schedule is every Saturday.
 During her visists, that she made prior visits to Jonas, she was searched by the jailguards
and nothing was found.

ISSUE:
Whether or not Bainey Santos deliberately and intently brought drugs and drug paraphernalia
into the city jail which results to the violation of Sec. 5 of Republic Act No. 9165 and if there
was integrity in the conducted search, seizure and confiscation of the alleged drugs and
paraphernalia that will warrant the liability of the accused under RA 9165.

RULING:
No. While RA 9165 provides the penalty to an offender, once proven, for sale, trading,
administration, dispensation, delivery, distribution and transportation of dangerous drugs and/or
controlled precursors and essential chemicals (Section 5), and mere possession of prohibited
drugs (Section 11), the same law under Section 21 (as amended by RA 10640) compels for the
proper handling, custody and control of all dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or
laboratory equipment so confiscated, seized and/or surrendered, to wit:
The PDEA shall take charge and have custody of all dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or
surrendered, for proper disposition in the following manner:
“(1) The apprehending team having initial custody and control of the dangerous drugs,
controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory
equipment shall, immediately after seizure and confiscation, conduct a physical inventory
of the seized items and photograph the same in the presence of the accused or the person/s
from whom such items were confiscated and/or seized, or his/her representative or counsel,
 with an elected public official and a representative of the National Prosecution Service or
the media who shall be required to sign the copies of the inventory and be given a copy
thereof: Provided, That the physical inventory and photograph shall be conducted at the
place where the search warrant is served; or at the nearest police station or at the nearest
office of the apprehending officer/team, whichever is practicable, in case of warrantless
seizures: Provided, finally, That noncompliance of these requirements under justifiable
grounds, as long as the integrity and the evidentiary value of the seized items are properly
preserved by the apprehending officer/team, shall not render void and invalid such seizures
and custody over said items.
“x x x
The prosecution witness’ testimony enumerated the steps taken after the suspected drugs and
paraphernalia were allegedly discovered to be brought by the accused in one of her belongings.
None of the steps mentioned about having the evidences showed to the accused, nor photographed
and inventoried in her presence or in the presence of her counsel of representative. True, the
seizure was warrantless and out of necessity if the allegation was correct, still, the pragmatic
assumption is that the jailguard could easily show to the accused and her companion the suspected
drugs that alleged to have found in their belongings given that they were all physically present
and in close contact that day.
The jailguard/witness also stated under oath that he marked the evidences and signed the
documenting receipt in the presence of a public official before he turned over to SOCO. Section
21 of RA 9165 (as amended by RA 10640) makes clear that all dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered
shall be taken charge and be in custody of PDEA.
As the prosecution witness’ testimony and evidences pointed to a conclusion that there had been
irregularities questioning the integrity of the arrest, seizure, and more so, the disposition and
custody of the suspected drugs and paraphernalia, there is reason to believe that there was no
clear evidences to prove that the accused violated the provisions of the Dangerous Drugs Act of
2002.
GROUP 2 as of July 23,2019

Leader: Rizza Jane Morada

Members:
Patricezia Guyo
Eric James Matilla
Florlyn Darroca
Carlo Garcia
Allan Simbre
Ramon Yabut
Justin Reden Baustista
Macwaine Molina
Poli Gil
Joel Dimaano
Keith Newvillamor