Republic of the Philippines

DEPARTMENT OF JUSTICE
National Prosecution Service
PROVINCIAL PROSECUTION OFFICE
Province of Zamboanga del Sur
Justice Hall, Pagadian City

PNP OF DIMATALING, ZAMBOANGA DEL SUR,

Represented by PI BERNARD PELONG TALITAYAN,
Officer-In-Charge, Dimataling Municipal Police
Station, Dimataling, Zamboanga del Sur,
Complainant, I. S. No. IX-09-INV-16F-00317

- Versus - - For -

DIOSDADO DECIERDO, JR. y VALECERA (40 yrs. old VIOLATION OF SEC. 5, ART. II OF
Residing at Purok 1, Barangay Sumpot, Dimataling, ZDS), REPUBLIC ACT (R.A.) No. 9165
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RESOLUTION

Diosdado Decierdo, Jr. y Valecera (respondent for brevity) signed a waiver of the
provisions of Article 125 of the Revised Penal Code, which will about to expire and he did not
also file his countervailing evidence, despite having been duly subpoenaed. Hence, this case is
hereby resolved on the basis of the evidence submitted by complainant PNP as indicated in the
captioned hereof. It appears that on or about 1:45 p.m. of June 27, 2016, a buy-bust operation
was conducted by PNP elements of Dimataling Municipal Police Station, which resulted to the
arrest of respondent right after the latter handed three (3) pieces of heat-sealed transparent
plastic sachets containing white crystalline substance suspected to be shabu to P01 Jomar Pena
Abenes, a PNP member who posed as a poseur-buyer in exchange of one piece of Five Hundred
(Php500.00) peso bill with Serial Number CQ023515, representing marked money. Siezed and
confiscated from respondent’s possession is another three (3) pieces of heat-sealed transparent
plastic sachets containing white crystalline substance suspected to be shabu, to include the
aforesaid marked money, non-drug items, conssitnf og drug paraphernalia and a mobile cell
phone. Specimen of the subject shabu was duly examined by a forensic chemist and found the
same positive to the test for the presence of Methamphetamine Hydrochloride, per Chemistry
Report No. D-117-2016. All pertinent documents attached in the filing of the instance case,
upon perusal thereof, were also proper and in order. However, as regards the drug
paraphernalia which were not duly examined for traces of shabu, the same could not be the
basis of indictment of respondent for unlawful possession of drug paraphernalia. Let, therefore,
separate informations for violations of sections 5 and 11, Article II, Republic Act (R.A.) No. 9165
be immediately filed with the proper court.

Done this 11th day of July, 2016, at Pagadian City, Philippines.

LUCIO ORIO TAN, JR.

Assistant Provincial Prosecutor
MCLE Compliance No. V1-0000019 dated
04/20/16
APPROVED:

DIMAPUNO L. MAGANGCONG
Provincial Proswecutor
MCLE Compliance No.

Copy furnished: 1. ALL CONCEERNED 2. FILE

 Republic of the Philippines
REGIONAL TRIAL COURT
9TH Judicial Region
BRANCH 29
San Miguel, Zamboanga del Sur

PEOPLE OF THE PHILIPPINES,

Plaintifff, CRIM. CASE No. ________________________

- versus - - for -

DIOSDADO DECIERDO, JR. y VALECERA, VIOLATION OF SECTION 5, ARTICLE II

Accused. OF REPUBLIC ACT (R.A.) No. 9165
X - - - - - - - - - - - - - - - - - - - - - - - - - - - - -/

INFORMATION

The undersigned Assistant Provincial Prosecutor of Zamboanga del Sur, hereby accuses
DIOSDADO DECIERDO, JR. y VALECERA of the crime of violating Section 5, Article II of Republic
Act (R.A.) No. 9165 (Unlawful Sale of Dangerous Drug), committed, as follows:

That on or about 1:45 in the afternoon of June 27, 2016, arising from a successful drug
buy-bust operation, at Purok 1, Barangay Sumpot, Municipality of Dimataling, Province of
Zamboanga del Sur, Philippines, the above-named accused without authority of law and legal
justification, did then and there willfully, unlawfully, feloniously and knowingly sell, deliver and
dispatch to P01 Jomar P. Abenes, a PNP member who posed as a poseur-buyer, three (3) heat-
sealed transparent plastic sachets of white crystalline substance, a specimen of which
contained in one (1 heat-sealed transparent plastic sachet of white crystalline substance (with
markings “100-1) having 0.01 gram of white crystalline substance gave positive result to the
tests for the presence of Methamphetamine Hydrochloride (Shabu), a dangerous drug, per
Chemistry Report No. D-117-2016, issued by a government Forensic Chemist.

ACTS CONTRARY TO LAW.

Done this 11th day of July, 2016, at Pagadian City, Philippines.

LUCIO ORIO TAN, JR.

Assistant Provincial Prosecutor
MCLE Compliance No. V1-0000019 dated
04/20/16

Witnesses:

1. P01 Jomar P. Abenes – Dimataling Municipal Police Station, Dimataling, Zamboanga del Sur;
2. P01 Iresidel O. Osayan - Dimataling Municipal Police Station, Dimataling, Zamboanga del Sur;
3. P1 Bernard Pelong Talitayan – OIC, Dimatling Police Station, Dimataling, Zamboanga del Sur;
INFORMATION
Continue ……… - Page 2 -
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NO BAIL RECOMMENDED
APPROVED:

DIMAPUNO L. MAGANGCONG
Provincial Prosecutor
MCLE Compliance No.