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PROSECUTION - VIOLATION OF SECTION-11-of-RA-9165-POSSESSION
PROSECUTION - VIOLATION OF SECTION-11-of-RA-9165-POSSESSION
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INFORMATION
CONTRARY TO LAW.
WITNESSES:
PSSg Benjamin Praybeyt, PNP Tuguegarao
Paul Lopez, DZCV
Brgy Captain Leon Gannaban, Tuguegarao City
And others
I hereby certify that the accused was lawfully arrested without a warrant
and that upon being informed of his rights, refused to waive the provisions of
Article 125 of the Revised Penal Code and, for this reason , an inquest was
conducted; that based on the complaint and the evidence presented before
me without any countervailing evidence submitted by the accused, despite
opportunity to do so, there is reasonable ground to the believe that the
accused has committed the crime of Sale of Dangerous Drugs under Section 5
of R.A. 9165 and should, thus, be held liable for said crime.
SUBSCRIBED AND SWORN TO BEFORE ME, this 2ND day of September 2021 at
Tuguegarao City, Cagayan.
MANIFESTATION
Unto the Honorable Court, the undersigned Deputy Provincial
Prosecutor and Officer-In-Charge of the Office of the Provincial
Prosecutor of Cagayan most respectfully manifests that:
He is filing the Information in the above-entitled case after
complying with the requirements of the law;
All the records are already attached herewith and forwarded
to the Court pursuant to Supreme Court Resolution No. 03-1-09;
IN VIEW OF THE FOREGOING, it is most respectfully prayed for
the Honorable Court to admit the herein attached Information and
the same be given due course.
Tuguegarao City, Cagayan, September 2, 2021
September 2, 2021
Greetings:
At around 2 PM of the same date, the buy-bust operation resulted in the arrest
of the suspect identified as one Dennis A. Cordova 24 years old, single, laborer,
and a resident of Brgy. Caritan Centro, Tuguegarao City, the confiscation of the
buy-bust stuff one (1) piece heat sealed transparent plastic sachet containing
white crystalline substance suspected to be methamphetamine hydrochloride
locally known as “shabu” and the buy-bust money of two (2) piece genuine
one-thousand-peso bill with serial numbers LY357764 and TH013585 and with an
“X” mark on the forehead of Josefa Llanes Escoda on each bill made by the
poseur buyer, and the death of one (1) Kevin B. Abad, 27 years old, single,
laborer, and a resident of Brgy. Linao Norte, Tuguegarao City, also an identified
suspect. The suspect was arrested after selling buy-bust stuff to Pat. Carlos C.
Bacud, the police officer who acted as a poseur buyer. The suspect was likewise
informed of the cause of his arrest and his rights under the Miranda Doctrine.
After the buy-bust operation, the Investigating Officer PPSg Benjamin Praybeyt
requested for the conduct of SOCO. The SOCO Team, headed by Antonio
Cortina arrived at 3PM and conducted the crime scene investigation on the
area where the buy-bust was conducted. During the investigation of the suspect
vehicle (White Ford Ranger) Antonio Cortina found the sling bag of Kevin B.
Abad which contained three (3) pcs heat sealed transparent plastic sachet
containing white crystalline substance suspected to be methamphetamine
hydrochloride locally known as “Shabu” and couple of government-issued ID’s.
A .45 caliber gun was also found at the floor where Kevin Abad was seated.
After the SOCO Team conducted the scene of the crime operations which
included among others the narrative description of the crime scene,
photograph, videography, crime scene search, crime scene sketch, crime
scene location, sketch, physical evidence recording and collection, and other
procedures necessary, they provided the investigating officer an inventory of
evidence collected. Subsequently, the SOCO release the crime scene to the
investigating officer.
ENCLOSURES:
a. CSI Form 2: Request for the conduct of SOCO
b. CSI Form 4: SOCO Report Forms
c. CSI From 5: Release of Crime Scene Form
d. CSI Form 6: Investigators CSI Form
e. Request for Laboratory Exam
f. Laboratory Exam Report
g. Chain of Custody
h. Inventory Sheet and photos
September 2, 2021
CERTIFICATION
THIS IS TO CERFITY that as per record from the Official Record Book this station,
there appears an entry to wit:
DETAILS OF COMPLAINT:
The SOCO arrived at the Scene of the crime at 3:00pm. And during the
conduct of CSI, the SOCO Head, Antonio Cortina, found 3 pieces of heat
sealed transparent plastic sachet containing white crystalline substance inside
the sling bag of Kevin and a 45 caliber gun on the floor where Kevin was seated.
Three (3) pcs heat sealed transparent plastic sachet containing white crystalline
substance suspected to be methamphetamine hydrochloride locally known as
“Shabu” were initially marked on the attached masking tape with the initials:
1. SOCO - SH 1 9/1/21 3PM CENTRO, TUGUEGARAO CITY, CAGAYAN with signature
of SOCO Head
2. SOCO - SH 2 9/1/21 3PM CENTRO, TUGUEGARAO CITY, CAGAYAN with signature
of SOCO Head
3. SOCO - SH 3 9/1/21 3PM CENTRO, TUGUEGARAO CITY, CAGAYAN with signature
of SOCO Head were entered into SOCO form number 2 under the
evidence log and list of evidence collected.
The 45 caliber gun was also inventoried in the same SOCO form. AFTER SUCH,
The SOCO team furnished the investigating officer with the inventory of
evidence collected.
After the CSI, the SOCO team turned over the custody of the crime scene
to the Investigating officer.
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This certification is issued upon request for whatever legal purpose it may serve.
Prepared by:
MEMORANDUM
FOR : DIRECTOR
Philippine National Police Crime Laboratory
Regional Office II
ITEM DESCRIPTION
SPECIMEN SUBMITTED:
One (1) plastic sachet containing white crystalline substance, with the following
marking;
A. SOCO – SH 1 3PM CENTRO, TUGUEGARAO CITY, CAGAYAN (with signature) =
0.00987
B. SOCO - SH 2 3PM CENTRO, TUGUEGARAO CITY, CAGAYAN (with signature) =
0.00821
C. SOCO – SH 3 3PM CENTRO, TUGUEGARAO CITY, CAGAYAN (with signature) =
0.0089
FINDINGS:
CONCLUSION:
REMARKS:
The original copy of this report and specimen submitted are retained in the
laboratory for future purposes
- versus - FOR:
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JUDICIAL AFFIDAVIT
OF
This Judicial Affidavit of Godzilla Dinglasan is executed to serve as his direct testimony
in the instant case.
I, XIAN TIST, Filipino, of legal age, single, and living at #43 Jose Atal Street,
Ctaggaman Viejo, Tuguegarao City, Cagayan, witness in this case, state under oath as
follows
PRELIMINARY STATEMENT
That in accordance with A.M. No. 12-8-8-SC, which prescribes the use of judicial
affidavits to serve as the Direct testimony of the the witnesses, on the basis of which the
adverse party may conduct their cross- examination on such a witness, I hereby
execute this judicial affidavit in a question and answer format;
That conformably with section 3 (b) of the said A.M. No. 12-8-8-SC, I also state that the
person examining me is Pros. Lance Adrian Tumanguil of the Office of the Provincial
Prosecutor with office address at Carig Sur, Tuguegarao City. The examination is being
held at the same address.
That conformably under also with section 3 (c) thereof, I am answering his questions fully
conscious that I do so under oath and may face criminal liability for false testimony and
perjury.
PURPOSE
5. That he will also identify certain documents and pieces of evidence and other facts
in relation to the examination he conducted.
2. Q. Are you aware that you are under oath and may be criminally charged for
false testimony of perjury if you lie?
A. Yes, Sir.
A. PMaj HEPE HUREY requested the examination of the illegal drugs that they seized
during a buy-bust operation.
A. It was PMaj HEPE HUREY who turned over the seized illegal drugs to me.
9. Q. Do you have any evidence to prove that you received the said illegal drugs?
A. Yes, Sir. Before the seized illegal drugs were turned over to me, I signed a chain
of custody form.
A. Yes, Sir. This is the document that I signed to prove that I received the illegal
drugs.
11. Q. You also mentioned earlier, that there was a request for you to examine the
alleged illegal drugs. Do you have any evidence to prove that a request for the
examination of the illegal drugs was actually made?
A. Yes, Sir. This is the document that I have received form PMaj. HEPE HUREY.
13. Q. I am marking this document as Annex “__”. Do you have any objections?
A. None, Sir.
(Request for Laboratory Examination of the seized illegal drugs marked as Annex
“__”)
14. Q. After receiving the request and the alleged illegal drugs, what did you do??
16. Q. Do you have a report that will reflect the result of your examination?
A. Yes, Sir. This is the report that I have prepared containing the result of my
examination.
17. Q. I am marking this document as Annex “___”. Do you have any objections?
A. None, Sir.
18. Q. I have no more questions to ask, do you wish to add or change any of your
answers?
A. Yes, Sir
XIAN TIST
Affiant
SUBSCRIBED AND SWORN TO before me this 2ND day of September, 2021 at Carig,
Tuguegarao City, Cagayan, Philippines after affiant personally appeared and showed
his valid identification card containing his photograph and signature bearing no. 56789
issued by the Professional Regulation Commission (PRC) valid until August 3, 2025 as
competent proof of his identity.
COPY FURNISHED: