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    Decision Scanned PDF

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    Mary Grace Hipolito

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    REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT FOURTH JUDICIAL REGION BRANCH 169 SAN PEDRO, LAGUNA cemall c1spd169@)udlciary.gov.ph Contact No. 09266131759/09324775958 (02)8366804 PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. 20-14809-SPL- Plaintiff Asstg. For: Violation of Sec. 5 Art. I -versus- Of R.A, 9165 THOCKS HARON y BUKONG aka. BOY, Accused. Promulgated on: __FEB 16 2003 DECISION Before this Court is a criminal charge against THOCKS HARON y BUKONG a.k.a. BOY herein referred to as the accused, for Violation of Section 5, Article I of Republic Act No. 9165 also known as the "Comprehensive Dangerous Drugs Act of 2002.” THE CHARGE The Information in Criminal Case No. 20-148909-SPL-Asstg, states: “That on or about 14 August 2020, in the City of San Pedro, Province of Laguna, Philippines and within the jurisdiction ofthis Honorable Court, the above-named accused, without any legal authority, did then and there wilfully, unlawfully and feloniously sell, pass and deliver to 101 MARVIN LIMAREZ, a member of the Philippine Drug Enforcement ‘Agency, forty (40) heat-sealed transparent plastic sachets containing methamphetamine hydrochloride (shabu), with a total weight of one Point nine six three eight seven six six (1.9638766) kilograms. CONTRARY TO LAW.” When arraigned on September 3, 2020, the accused entered a plea of not guilty to the charge. On September 9, 2020, the accused through counsel filed an Application for Bail on the ground that the evidence adduced by the prosecution is not strong to warrant his continued detention, Acting on the Application for Bail on the accused, the same was set for hearing. T [acs dated January 30, 203 Cin. Case No. 20-14809-SPL People v. Tacks Haron y BOO. y On September 21, 2020, the Pre-Trial Conference was conducted and terminated. Thereafter, the bail hearing proceeded and the evidence and testimony adduced by the prosecution therein was adopted as the evidence in chief for the prosecution. On February 2, 2022, the Application for Bail was resolved and denied therein for lack of merit. Thereafter, the reception of the evidence for the defense ensued and eventually this case was submitted for decision on January 16, 2023. THE EVIDENCE FOR THE PROSECUTION The prosecution presented three (3) witnesses, namely PMSg Salvador Segovia, Jr., Chemist Jag Soliven and 101 Marvin Limarez. In addition, thereto, the testimonies of the Barangay Representative and the Media Representative were stipulated by the Prosecution and the Defense on April 5, 2021 as follows: 1. That they signed on the Certificate of Inventory of the PDEA marked as Exhibits "U”, "P’, “W" and “X” after the buy-bust operation; and, 2. That they were present during the inventory which happened after the buy-bust operation. 101 MARVIN M. LIMAREZ testified that he is a member of the Philippine Drug Enforcement Agency Regional -Office - National Capital Region (PDEA RO-NCR). He was assigned as the Poseur-Buyer in this case. He identified the Affidavit of Poseur-Buiyer (Exhibit "M”) and his signature on the last page thereon (Exhibit "M-1”). He testified that a male Regular Confidential Informant (RCI) personally reported to IA V Mary Lyd Arguelles relative to the alleged involvement in illegal drug trade of a certain @Boy at around 11:00AM of August 13, 2020. According to the RCI, @Boy was looking for a bulk buyer of illegal drugs and that the former has gained the trust of @Boy and his cohorts and he can introduce any of them as a buyer. IA V Arguelles communicated the same information to Regional Director IIT Adrian G. Alvarifio who then instructed the former to conduct an operation against @Boy and his cohorts. IO IV Leverette P. Lopez was designated as the team leader and instructed their team to report on the same day for the possible buy-bust operation. "|Decision dated Tancary 3, 2023 Crm, Case No. 20 T4809-SAL People v. Tacks Haron y Bikorp. A Thereafter, 10 IV Lopez designated 101 Limarez to handle the transaction with @Boy and his cohorts and instructed the RCI to call @Boy through the latter's cellphone to inform him that the RCI had already found a prospective buyer ~ 101 Limarez. Boy and 101 Limarez agreed that the former will deliver two (2) kilograms of shabu in exchange for Two Million Pesos (P2,000,000.00) and that the place of transaction will be around the vicinity of Harmony Mall, San Vicente, Laguna at about 10:00PM of the following day, August 14, 2020. They first secured the necessary documents such as the Authority to Operate (Exhibit “CC”) and Pre-Operation Report (Exhibit "DD”) and coordinated with the National Operations Center on August 14, 2022. Thereafter, the team together with the RCI left the office at around 5:00PM of the same day to proceed to Camp Vicente Lim, Barangay Canlubang, Calamba City, Laguna for the possible joint buy-bust operation after coordination with the national Operations Center and securing the Authority to Operate (Exhibit “CC”) and Pre-Operation Report (Exhibit “DD”) for the said buy-bust operation. At 7:00PM of the same day, the briefing was conducted for a possible joint buy-bust operation against @Boy. 101 Limarez was designated as the poseur-buyer to be accompanied by the RCI while PMSg Salvador Segovia, Jr. of the Regional Drug Enforcement Unit 4A was designated as the arresting officer and his immediate back-up. He claims that the team decided that the pre-arranged signal indicating that the transaction was already consummated will be a miss call from 101 Limarez to PMSg Segovia, Jr. Thereafter, IO1 Limarez prepared the two (2) pieces of genuine One Thousand Peso (P1,000.00) bills with his initials MML written on the upper right corner of the bills (Exhibits "H” and “H-1”) which he placed on top of the boodle money and put the same inside a brown paper bag (Exhibit "6”). 101 Limarez instructed the RCI to call @Boy to inform him that they are already travelling to Harmony Mall. Upon arrival, the RCI parked the car at the parking lot while the other cars used by the team were strategically parked where they could easily monitor the events that may transpire. 101 Limarez instructed the RCI again to inform @Boy that they were already at the designated meet-up place. A few minutes thereafter, “F[ecison dated Tanaary 30, 2023 Grin. Case No, 2O-TABDSSPL Pape V. Thocks Maron y Bukorg. ys a white Toyota Fortuner driven by a man wearing white shirt entered the parking lot. The driver was identified by the RCI as @Boy. The RCI introduced 101 Limarez as the interested buyer to @Boy. @Boy asked 101 Limarez if the payment was ready. 101 Limarez answered in the affirmative and showed @Boy the top portion of the buy-bust money inside the brown paper bag. Then @Boy instructed them to follow him because he did not bring the merchandise with him to which 101 Limarez replied “sige kuya sundan ka na lang namin’. Then 101 Limarez immediately informed their team leader. They left the parking lot shortly thereafter when @Boy gave a honking signal. After several meters, @Boy parked his car along the street in front of a two-storey concrete house with a yellow green steel gate. 101 Limarez and the RCI parked after @Boy's car and they quickly alighted to approach @ Boy. They were invited by @Boy to come inside. When they entered the gate, @Boy asked for the payment first but 101 Limarez demanded to look at the merchandise first. Thus, while @Boy gets the merchandise inside the house, they were told to wait in the garage. Thereafter, @Boy came out from the house with a 7-11 brown paper bag (Exhibit "B”) in his hand. He handed said paper bag to 101 Limarez. The latter immediately inspected the contents of the paper bag and saw two (2) foil packs (Exhibits “C” & “E") which contained several transparent plastic sachets containing white crystalline substance suspected to be shabu (Exhibits “D” to “D-19” & "F” to “F-19"). When 101 Limarez secured the 7-11 paper bag, he handed the brown paper bag which contained the buy-bust money to @Boy. They bade farewell and as they were about to walk out from the gate, 101 Limarez executed at once the pre-arranged signal and made a miss call to PMSg Segovia Jt. to inform the team that the transaction was already completed. Afterward, PMSg Segovia Jr. and the rest of the team rushed inside the house and introduced themselves as Police and PDEA operatives. @Boy was apprehended. He was informed that he was being arrested for Violation of Section 5 of Art. II of RA 9165 as well as his Constitutional Rights. 101 Limarez recovered the brown paper bag which contained the buy-bust money from the possession of @Boy. "F [Decision dated Tanaary 30, 2023 Gi, Case No. 20-14B09-5PL People. Thocks Haron y Bakers 101 Limarez also claims that he marked and conducted an inventory of the seized pieces of evidence pursuant to Section 21, RA 9165, at the place of arrest - Block 1, Harmony Village, Jupiter Street, San Vicente, San Pedro in the presence of witnesses Barangay Kagawad Allan N. Lacsina of Brgy. Maharlika, the Media Representative Dryen I. Zamora of Latigo News TV and the arrested accused, The seized items were reflected in a Certificate of Inventory he executed with the signatures of Media Representative Dryen Zamora and Barangay Representative Allan Lacsina as witnesses (Exhibit "U’, "V", "W", "X" and their sub-markings). ‘Also, during continuation of his alrect examination, considering that the counsel for the accused waived the presence of the accused in the virtual hearing, the Prosecution and the Defense stipulated that if the accused were present, the witness could positively identify him. On cross-examination 101 Limarez agreed with the counsel for the accused that at the time the RCI relayed the information to IA V Arguelles, the former was not present and he was only called thereafter by IO IV Lopez to report to their office on August 13, 2020. On the same day, the team had a briefing and 101 Limarez handled the initial transaction with @Boy through the RCI. 101 Limarez reported back to their office on August 14, 2020 at around 10:00 o'clock in the morning, He prepared the Pre-Operation Report and Coordination Form. They had a second briefing at 7:00 o'clock PM on August 14, 2020 at the RDEU 4A office with the police officers where he likewise prepared the buy-bust money. Thereafter, they proceeded to Harmony Mall San Pedro City and arrived there at around 10:00 o'clock PM. His further testimony on cross-examination confirmed the Affidavit of Poseur-Buyer he executed. During his re-cross examination, 101 Limarez claimed that Barangay Kagawad Allan Lacsina and Media Representative Dryen Zamora were not present inside the gate during the Buy-Bust Operation but they were present during the arrest of the accused and during the inventory of the seized items. Police Master Sergeant Salvador Segovia, Jr. testified that he is a member of the Philippine National Police (PNP), Regional Drug Enforcement Unit 44, Camp Vicente Lim, Barangay Canlubang, Calamba City, Laguna. He identified the “Affidavit of Arresting Officer” (Exhibit 15 [Deakin dated January 30, 2023 Cm. Case No. 20-14809-SPL People w. Thocks Haron y Bukorg. &é “N") he executed in relation to this case as well as his signature (Exhibit “N-1") and adopted the same as part of his direct testimony. PMSg Segovia Jr. testified that on August 14, 2020 at around 7:00 o'clock PM, RDEU 41 Chief P/Col. Lorry Tarrazona called all the team members for a briefing for a possible joint buy-bust operation with PDEA operatives against a certain @Boy and his cohorts who were allegedly involved in illegal drug trade in Metro Manila and Region 4A. Witness Segovia's testimony corroborated the testimony of 101 Limarez that the former was designated as the Arresting Officer and the immediate back up of the designated poseur-buyer 101 Marvin Limarez, while the rest of the team will provide perimeter security; that during the briefing presided by IO IV Leverette P. Lopez, it was revealed that the accused is looking for a bulk buyer of his illegal drugs and that the designated poseur-buyer was able to set a drug deal with him involving two (2) kilograms of shabu in exchange for Two (2) Million Pesos (P2,000,000.00) at the vicinity of Harmony Mall, San Vicente, San Pedro, Laguna at around 10:00 o’clock in the evening of the same day; that it was also agreed that the pre-arranged signal will be a miss call from 101 Limarez to PMSg Segovia Jr. to indicate that the transaction is consummated; that IO1 Limarez prepared the boodle money with genuine One Thousand Peso bills (1,000.00) on top and placed it inside ‘a brown paper bag to be utilized as buy-bust money; that 101 Limarez instructed the RCI to call the accused to inform him that they were already on their way to the agreed place of transaction; that while waiting at the parking lot, a white Toyota Fortuner being driven by herein accused entered and parked beside the vehicle of 101 Limarez; that the accused informed them to discreetly follow the said Toyota Fortuner to get the merchandise somewhere. Furthermore, PMSg Segovia, Jr. testified that the team also discreetly followed them and saw the two vehicles stopped and parked in front of a two-storey concrete house with a yellow green steel gate. He witnessed 101 Limarez and the RCI alighted from the vehicle and approached @Boy who was the wearing a white shirt and a_black pants. He saw 101 Limarez, the RCI and the accused entered the steel gate. PMSg Segovia Jr. and the rest’ of the team strategically positioned themselves outside the house. Upon his receipt of a miss call from 101 Limarez just several minutes thereafter, the team ran inside the subject [accion dated January 30, 2023 Crim. Case No. 20-19809-SPL People v. Thocks Haron y Bukong. cH house and immediately identified themselves as Police and PDEA operatives. PMSg Segovia, Jr. claims that upon entry, he saw a man wearing a white shirt and black pants holding a brown paper bag iho was identified as @Boy and then affected the latter's arrest. The markings and inventory of the seized pieces of evidence by 101 Limarez was conducted in the place of arrest at Block 1, Harmony Village, Jupiter Street, San Vicente, San Pedro, Laguna in the presence of Barangay Kagawad Allan N, Lacsina of Brgy. Maharlika and Media Representative Dryen Zamora of Latigo News TV. He claims that 101 Limarez had the sole custody of the seized pieces of drug evidence from the point of seizure until the same were turned-over to the PDEA Laboratory Service for Laboratory Examination duly received by Jag 0. Soliven, the duty Chemist in the presence of the accused. ‘The PDEA Laboratory Service issued a result of Chemistry Report No, PDEA-NCR-20-076 (Exhibit “T”) dated August 15, 2020 stating that the items (Exhibits "D" to “D-19", “F” to “F-19") they submitted to the Laboratory Service yielded positive results for the presence of Methamphetamine Hydrochloride with a total weight of 1963.8766 grams. The Prosecution and the defense stipulated that if the accused will be shown to PMSg Segovia, Jr., he could identify him. On cross examination, PMSg Segovia, Jr. claims that his teammate, Sergeant Tibuc, prepared the coordination which was sent to the Agency in Laguna. He brought to Court on November 23, 2020 an Authority to Operate (Exhibit LL”) prepared by PSSg:Tibuc and a Pre-Operational Report signed by PLT Ed Richard P. Pacana, PMSg Segovia, Jr. testified that these documents were no longer submitted to RDEU because the PDEA had already made the coordination. Forensic Chemist Jag 0. Soliven's testimony was partially stipulated during the Pre-Trial, to wit: 1. That on material date and time of this case, Forensic Chemist Jag . Soliven was assigned at PDEA NCR; 2.That he personally received the Request for Laboratory Examination marked as Exhibit “R” and Drug Test Result marked as Exhibit "P” from 101 Limarez; 7 [oecon dated January 30, 2023 Ci. Case No. 2014809301 People v. Thos Harn y Buona. aK 3.That he personally examined the object evidence in this case marked as Exhibit “D” to "F-19" as stated in the List/Minutes prepared by the Brach Clerk of Court; 4.That he prepared and reduced his report thereon, particularly Forensic Chemist Report marked as Exhibit "T”; 5. That after he examined the substances in this case, he placed his ‘own marking as PDEA NCR 20-0276 on the specimen; 6.That he showed to the court through ‘online screen the plastic envelope containing the substance contained in the 7-11 paper +. bag; 7. That after the examination, the Forensic Chemist handed the object evidence to Evidence Custodian Erwin Obediente; 8: The existence, due execution and authenticity of the Request for Laboratory Examination and Drug Test; ‘9. The existence of Chemistry Report marked as Exhibit “T"; 10. The existence of Chain of Custody Form marked as Exhibit “KK : 11. The existence of pieces of object evidence marked as Exhibit ™D" to “F-19" which are brought by the witness FC Soliven consisting. of forty (40) sachets of methamphetamine hydrochloride; and, 12. That te witness Forensic Chemist does not know from whom these object evidence marked as Exhibit "D” to “F-19” were confiscated. During his direct testimony, FC Soliven identified the pieces of object evidence which were turned-over to him by 101 Limarez such as the two (2) yellow and gold foil pack marked respectively as Exhibits “C” and “E” placed inside the brown paper bag marked as Exhibit "B”. Also, he identified the original copies of the Chain of Custody Form marked as Exhibit “Y", the Request for Laboratory Examination marked as Exhibit "R", the Request for Drug Test marked as Exhibit “P", the Chemistry Report No. PDEA-NCR-20-0276 marked as Exhibit “T" and the Chemistry Report No. PDEA-DT020-215 marked as Exhibit "Q”. 1 [Deaton cated Jancary 30, 2023 Gin. Case No. 20-T4809-50L People v. Thocks Haron y BuKGNS. The Prosecution and the defense likewise stipulated that if the forty transparent plastic sachets containing methamphetamine hydrochloride respectively marked as Exhibits “D” to “D-19” and “F” to “F+19" were to be shown to the witness, he could identify them one by one. Documentary and Object Evidence of the Prosecution The Court notes that the drugs evidence testified on by the forensic chemist in this case were returned to the custody of the Evidence Custodian Carlo Dizon on January 25, 2021 which is confirmed by FC Jag Soliven as stated in his email to the Court the printout thereon is stamped received by the Court on August 16, 2022. On December 2, 2021, the prosecution filed its Formal Offer of Evidence. The comment thereon was filed on January 19, 2021. Said pieces of evidence were admitted as stated in the Court Order dated January 28, 2022, as follows: MARKING DESCRIPTION Exhibit “A” to "A> Investigation Data Form; signatures of 101 Marvin M. a Limarez and PMSG Salvador Segovia, Jr.; Exhibit "B” ‘One brown paper bag with label "7eleven” marked as MML A 08-14-2020 with signature; Exhibit "Cc" (One (1) open yellow foil pack labelled with foreign characters and "DAGUANYIN” marked as MML B-08-14- 2020 with signatures written on a masking tape; Exhibit "D" One (1) heat-sealed transparent plastic _ sachet containing white crystalline substance of suspected shabu marked as MML B-1 08-14-2020 with signature; Exhibit"D-1" One (1) _heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked a5 MML B-2 08-14-2020 with signature; Exhibit"D-2" One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as ML B-3 08-14-2020 with signature; Exhibit"D-3" One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML B-4 08-14-2020 with signature; + Rolo, pp. 75-76 ——— et 1 | Beason dated January 3, 2023 Gm. Case No. 20-14809°SAL People v. Thcks Haran y Bokona. ¢ Exhibit “D-4" Exhibit "0-5" Exhibit "D-6" Exhibit "D-7" Exhibit "0-8" Exhibit "0-9" Exhibit "0-10" Exhibit "D-11” Exhibit "D-12” Exhibit "D-13" Exhibit "D-14” Exhibit "D-15" Exhibit "D-16" 0 | decison dated January 30, 2023 Cre. Case No. 20-T4809-SAL People v. Tacks Maron y Bukond. One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML B-5 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML 8-6 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML 8-7 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML B-8 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystaline substance of suspected shabu marked as MML 6-9 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML B-10 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML B-11 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet Containing white crystalline substance of suspected shabu marked as MML 8-12 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML B-13 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML B-14 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet Containing white crystalline substance of suspected shabu marked as MML B-15 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked a5 MML B-16 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML 8-17 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected a Exhibit "D-18" Exhibit "D-19" Exhibit "E” Exhibit "e” Exhibit "F-1” Exhibit "F-2” Exhibit °F-3" Exhibit "F-4” Exhibit "F-5* Exhibit "6" Exhibit "7" Exhibit "F-8" Exhibit "F-9” shabu marked as MML B-18 08-14-2020 with signature; One (1) heat-sealed transparent plastic _sachet containing white crystalline substance of suspected shabu marked as MML B-19 08-14-2020 with signature; ‘One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML B-20 08-14-2020 with signature; One (1) open yellow foil pack labelled with foreign characters and "DAGUANYIN" marked as MML C 08-14- 2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML C-1 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML C-2 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML C-3 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML C-4 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML C-5 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML C-6 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML C-7 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet Containing white crystalline substance of suspected shabu marked as MML C-8 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML C-9 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML C-10 08-14-2020 with signature; Ti | Decision dated January 30, 2023 Crim. Case Wo. 20-14809-SPL Peopie v. Thocks Haron 7 Bakar. y Exhibit "F-10" Exhibit °F-11" Exhibit "F-12" Exhibit "F-13" Exhibit "F-14” Exhibit "F-15" Exhibit "F-16" Exhibit "F-17" Exhibit "F-18" Exhibit "F-19" Exhibit "6" Exhibit "H” Exhibit "H-1" Exhibits "H-2" to 743" 1) heat-sealed transparent plastic sachet white crystalline substance of suspected shabu marked as MML C-11 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline “substance of suspected shabu marked as MML C#12 08-14-2020 with signature; One (1) heat-sealed « transparent’ plastic sachet containing white crystalline substance of suspected shabu marked as MML C-13 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white “crystalline substance of suspected shabu marked as MML C-14 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML C-15 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML C-16 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as ML C-17 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML C-18 08-14-2020 with signature; One (1) heat-sealed “transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML C-19 08-14-2020 with signature; One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML C-20 08-14-2020 with signature; One (1) brown paper bag marked as MML D 08-14-2020 with signature; (One (1) genuine One Thousand Peso bill with serial no, LR974683 with intial ML on the upper right comer placed on top of the bundle of boodle money; ‘One (1) genuine One Thousand Peso bill with serial no, 'NE033590 with initial ML on the upper right corer placed on top of the bundle of boodle money; Bundle of boodle moneys; “12 [decision dated January 30, 2023 Cir. Case No. 20-14609-SPL People v. Thocks Haron y Bukony. w Exhibit "1" (One (1) black Samsung basic phone marked as MML E (08-14-2020 with signature written on a masking tape; Exhibit"l-1” One (1) black Samsung basic phone marked as MML F (08-14-2020 with signature written on a masking tape; Exhibit "y” TIN ID marked as MML G 08-14-2020 with signature written on a masking tape; Exhibit *K" One (1) Toyota Fortuner with conduction sticker P7 B465 marked as MML H 08-14-2020 with signature written on a masking tape; Exhibit "L" One (1) car remote key marked as MML I 08-14-2020 with signature written on a masking tape; Exhibit"M" to Affidavit of Poseur-Buyer 101 Marvin M. Limarez and his “M1? signature; Exhibit "N" to "N- Affidavit of Arresting Officer PMSG Salvador Segovia, Jr. 18 and his signature; Exhibit “0” to "O- Mugshots of the Accused; an Exhibit"P” to"P- Request for Drug Test and the signature of IA V Mary 18 Lyd M. Arguelles; Exhibit "Q” to"Q- Chemistry Report No. PDEA-DT020-215; signature of FC 2 Jag Soliven and signature of OIC Elaine R. Erno; Exhibit "R” to "Re Request for Laboratory Examination and signature of IA 1." V Mary Lyd M. Arguelles; Exhibit "S” to"S- Acknowledgment Receipt and signature of FC Jag vs Soliven; Exhibit “1” to"T- Chemistry Report No. PDEA-NCR-20-0276, page 2 of 6" Chemistry Report No. POEA-NCR-20-0276; signature of FC Jag Soliven in page 1; signature of FC Jag Soliven; signature of OIC Elaine E. Emo; findings and conclusion in page 2; Exhibit “U’ Certificate/Receipt of Inventory of Seized/Confiscated 3r0 Evidence (MML A 08-14-2020, MML B 08-14-2020, MML B-1 08-14-2020 to MML B-20 08-14-2020); signature of 2 Rolo, pp. 80-85, > Rolo, pp. 86-89 “Roto, p. 90 + Rolo, p. 100 Rolo, p. 98 7 Rolo, pp. 92-93 Rolo, p. 94 * Rol, pp. 9595-8 "Ral, 9.99 a Ti [pecan dated lanuary By 2023 Grn. Case No. 20-14003-5AL People v Thos Rarony Buona. Exhibit "V" to "V- 3m Exhibit °W" to ‘wane Exhibit "X" to "%- 73 Exhibit °Y" to "Y= 2m Exhibits "2" to 25 Exhibits "AA" to AAS Exhibits "BB" to “BB”? Exhibits "CC" to steers Exhibits "DD" to “DD Exhibits "EE" to "E12 "Ral, p. 10L 22 Rolo, p. 102 Rol, p. 103 2+ Rolo,p: 104 "Rolo, p. 107, + Rol, p. 108 2 Rolo, p: 106 2 Rolo, pp. 111-112, Rol, p. 113. 2 Rat, p. 109 101 Limarez, signature of media representative Zamora and signature of Bray. Lagawad Lacsina; Certificate/Receipt of Inventory of Seized/Confiscated Evidence (MML C 08-14-2020, MML C-1 08-14-2020 to MML C-20 08-14-2020); signature of 101 Limarez, signature of media representative Zamora and signature of Bigy. Lagawad Lacsina; Certiicate/Receipt of Inventory of Seized/Confiscated Evidence (MML D 08-14-2020, 2 genuine One Thousand Peso bill with Initial MML, MML E 08-14-2020, MML F (08-14-2020, MML G 08-14-2020, MML H 08-14-2020); signature of 101 Limarez, signature of media representative Zamora and signature of Brgy. Lagawad Lacsina; Certiicate/Recelpt of Inventory of Seizedj/Confiscated Evidence (MML 1 08-14-2020); signature of 101 Limarez, signature of media representative Zamora and signature of Bray. Lagawad Lacsina; CChain of Custody Form, signature of 101 Limarez and signature of FC Jag Soliven; Letter“ dated August 14, 2020 to the Media Representative and signature of IA V Mary Lyd M. Arguelles; Letter dated August 14, 2020 to the Barangay Official and signature of IA V Mary Lyd M. Arguelles; Letter dated August 14, 2020 to the NPS Representative and signature of IA V Mary Lyd M. Arguelles; ‘Authority to Operate, signature of IO IV Leverette Lopez, signature of Mary Lyd M. Arguelles signature of AV Beltran T. Lacap Jr, signature of DIR III Adrian 6. Avarino, MOM CESE, signature of 101 Marvin Limarez. and signature of 101 Salvador; Pre-Operation Report and signature of 10 IV Leverette Lopez; Request re: Authority to Operate Outside Jurisdiction and signature of DIR III Adrian G. AWvarino, MDM, "T [ Decision dated Tnuary 30,2023 Gi, Case No. 20-14809-50L People v.Thocks Haron y Bikong. ESE; Exhibits "FF" to Memorandum dated August 14, 2020 re: Approved FRA Authority to Operate Outside Jurisdiction and signature (of POS Director Wardley M, Getalla; Exhibit "GG" Certificate of Coordination; Exhibit"HH" 1D of Media Representative Dryen Zamora; Exhibit 11" 1D of Bray. Kagawad Allan Lacsina; Exhibits "WJ" to Photographs; 8" Extibit°KK"2> Chain of Custody Form; and Exhibit LL” Authority to Operate. THE EVIDENCE FOR THE DEFENSE ‘The defense presented one witness, accused himself Thocks Haron y Bukong. PDL-Accused Thocks Haron'y Bukong a.k.a. Boy, 52 years old, testified on direct examination that on August 14, 2020 at around 10:00 O'clock in the morning, he was in Sunshine Mall in Taguig City buying his medicine. He was about to go home at No. 4 Maguindanao Taguig when he noticed that there were vehicles following him. While he was driving, a Silver Innova cut his way and the passengers inside the Silver Innova alighted from the car and told him to get off his vehicle, The moment he alighted from a white Toyota Fortuner, he was hand-cuffed and transferred to a maroon Ford Ranger, blind-folded so he did not know where they brought him. The accused asseverates that when he was transferred to the maroon Ford Ranger, the travelled for two (2) hours and then he was transferred again to another vehicle which is a gray Vios. Thereafter, he was made to inside the gray Toyota Vios vehicle and was questioned by the unidentified persons if he had drugs and he denied having 21 Rol, p- 110 2 Rolo, p14 > Rolo, p. 115 2 Ral, 116 25 Rollo, p. 117-120, 2 Ral, p. 143 Ral, p. 261, [T [ econ cated Janay 30, 2023 Gin. Case No, 2O-4BOS-SPL People v.Thocks Harn yBikors ’ knowledge thereof. He stayed inside the gray Vios for almost two (2) hours. Thereafter, he was brought to Harmony Village, San Pedro at around 2:00 in the afternoon and they stayed at the gate of Harmony Village until dawn, They kept asking the accused to point where his house is, but he claims that he doesn’t have a house in Harmony Village. Later on, they parked the car near the gate of the house and while the accused allegedly stayed inside the Toyota Vios, the unidentified persons who arrested the accused entered the house. The accused claims that they stayed in Harmony Village for 9 to 10 hours. Afterward, the accused was transferred to his car which was parked behind the Vios car. Upon reaching the gate of the house, the men got off the accused off his Fortuner and brought him inside the house. Upon entering the house, they showed the drug evidence to the accused. The accused was asked to stand in front of the evidence and then they took photographs. He claims that 101 Marvin Limarez stood beside him and introduced himself as the arresting officer but he did not state the reason for the arrest of the accused. The accused likewise saw PMSq Segovia, Jr. inside the house but he did not know his participation. The taking of the photographs of the accused with the drug evidence lasted for an hour. Subsequently, they proceeded to PDEA Quezon City and arrived there at around 2 or 3 o'clock in the morning, They allegedly ‘stayed there for four (4) hours. The unidentified persons hit him on his tummy and head causing him bruises. Then, the accused was brought and locked-up in a cell. Three days after, he was brought to San Pedro City, Laguna, for his inquest proceedings unassisted by a counsel. Lastly, he denied having any knowledge about the charge against him. (On cross examination, the accused testified that aside from being a former driver, he was also engaged in buy and sell of motorcycles. He also worked as a driver to Ninoy Aquino International Airport or to Mindanao. Also, he claims that despite being blindfolded during the travel from Taguig to San Pedro City, he was able to see all the vehicles Which he was forced to board during the said arrest, the number of the Unidentified persons staying with him inside the vehicles and the time of arrival at San Pedro, Laguna which was 2:00 in the morning because he was peeking and tried to lower the blindfold. Documentary or Object Evidence for the Defense The defense did not file a Formal Offer despite the opportunity iven to the accused to afford him due process. The court notes that the defense reserved object evidence such as the two (2) units of Samsung cellular phones which are pieces prosecution evidence being marked as Exhibits "I" and “1-1” ISSUE Whether the accused should be held liable for the offense charged. DISCUSSION AND RULING After weighing the evidence of the “prosecution and the defense, the court affords more weight on prosecution's evidence being in accord with ordinary human experience and on the protocols prescribed under Republic Act No. 9165. The totality of prosecution evidence has established the quantum of evidence of proof beyond reasonable doubt defined under Section 2, Rule 133 of the Revised Rules of Court and the 2019 Amendments thereto. It provides: “Section 2. Proof beyond reasonable doubt. - In a criminal case, the ‘accused is entitled to an acquittal unless his or her guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not mean such @ degree of proof as, excluding possibility of error, produces absolute certainty. Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind.” Accused’s Defenses of Alibi and Denial are weak Accused's defense is purely alibi and denial which cannot prevail over the positive and categorical testimony of the prosecution witnesses In People of the Philippines, Plaintiff-Appellee vs. Anthony Villanueva, Melvin Tupaz and Ruel Regner, accused Anthony Villanueva, accused-appeliant,2 itis held: Accused-appellant’s defense is based mainly on denial and alibi. However, "[nJothing is more settled in criminal law jurisprudence than that denial and a/ib/cannot prevail over the % GR. No, 211082, December 13, 2017. 7 [Deco cote anoary 3, 2025 Ci. Case Ne 20 1ASB-SH, Pople v. Tock Hoon Bulan ive Positive and categorical testimony of the witness."»? In People v. Mateo, the Court pronounced: Accused-appellant’s bare-faced defense of denial cannot. surmount the positive and affirmative testimony offered by the prosecution. x x x. A defense of denial which is unsupported and unsubstantiated by clear and convincing evidence becomes negative and self-serving, deserving no weight in law, and cannot be given greater evidentiary value over convincing, straightforward and probable testimony on affirmative matters. x x x23 (Citations omitted) Indeed, denial and afibiare intrinsically weak defense which must be buttressed with strong evidence of non-culpabilty to merit credibility. Emphatically, for the defense of aiid’to prosper, accusec-appeliant must prove not only that he was at some other place when the crime was ‘committed but that it was physically impossible for him to be at the /ocus criminis at the time of its commission 2" (emphasis supplied) Here, the accused denies the allegations of the prosecution witnesses that they conducted a buy-bust operation against him in Harmony Village San Pedro, Laguna and put up the defenses of denial and alibi by asserting that he was illegally arrested Sunshine Mall, Taguig City after purchasing his medicine for hypertension from an undisclosed pharmacy. The accused could not identify what was the medicine he allegedly bought and the name of the pharmacy from which the medicine was bought. Also, he stated the same time element as to the purchase of the medicine at 10 o'clock in the morning of August 14, 2020 and the time when a Toyota Innova cut his way while driving his white Toyota Fortuner also at 10 o'clock in the morning. These bits of details distort and weaken his defenses because it is impossible that he could be in two distant places, vis-8-vis in the pharmacy and on he road at the same time of 10 o'clock in the morning. ‘A'so, accused's claim that the men who arrested him made him stay for nine (9) to (10) hours inside a vehicle parked near the gate of Harmony Village, San Pedro City, before being brought to a house, ascribed to his, also located near the gate in the same Village, is not in accord with ordinary human experience because bad elements would not be idling and exposing themselves to the public on a broad daylight doing nothing and giving an opportunity to their victims to getaway and 1 [Decor ted January 30, 2023 Cin. Case Ne, 20-1480P-SAL People v. Thooks Haron y Bong. ol them being trapped or caught either by the camp of the victim or by the law enforcement authority, On this point, he testified on direction examination on March 14, 2022 that: Aty. Casihan: Now what happened when you reach Harmony at ‘around 1 to 2: o'clock in the afternoon? Ws: When we arrived at Harmony Village, we standby at gate, sir. ‘Atty. Casihan: How long did you stay at the gate of the gate of Harmony? Ww: We stay there until dawn, sir. Xxx Atty. Casinan: Do you know what happed (sic) when this persons entered the house if you know? w: I don't know what happened, because I stayed in the car, they don't (sic) allowed me to get off the car, sir. Xxx My question to you Thocks is that how long did you stay together with the person who arrested you at Harmony village after they entered the house? Ws 9 to 10 hrs like that sir.” The accused did not narrate how was his need to pee addressed by the men who arrested him, which should have urged him to get out of the car with an escort or to pee inside if a urinal was provided, within the long nine (9) to ten (10) hours of uninterrupted stay inside that was parked after the gate of Harmony Village. This long hours of idling inside the car, added with the time that lapsed from 10 o'clock in the morning which is the time when his driving was cut and he was arrested and boarded into the vehicle, amounts to a total of twelve (12) hours without peeing is unbelievable and contrary to human experience. Thus, the court could not give credence to this claim of the accused. Moreover, the court doubts on accused’s claim that he works as 2 driver to the airport and to Mindanao because during his cross RST ETON IE START TTT examination when he was asked by the public prosecutor about his occupation in relation to the questions about his brand-new Toyota Fortuner wherein he altered his claim and stated that he was engaged in buy and sell of motorcycles. All the mentioned inconsistencies on the narration of facts of the accused further weaken the defense of alibi and denial of the accused The purely testimonial evidence of the accused could not overturn the disputable presumption on regularity in the performance of official duty under Section 3 (m) of the Rule 131 of the Revised Rules of Court,2? which provides: "Sec. 3. Disputable presumptions. - The following presumptions are satisfactory if uncontradicted and overcome by other evidence: Xxx (m) That official duty has been regularly performed; xxx’ Consequently, the defense of denial and alibi of the accused cannot be sustained. Compliance of Section 21. RA 9165 as amended Before discussing the elements of the offenses on trial, the court needs to determine whether Section 21 of RA 9165 also known as the “Comprehensive Dangerous Drugs Act of 2002" as amended by R.A. No. 10640 also known as “An Act to Further Strengthen the Anti-Drug Campaign of the Government, amending for the purpose Section 21 of Republic Act No. 9165, Otherwise Known as the "Comprehensive Dangerous Drugs Act of 2002," has been complied with. It provides: “Section 1, Section 21 of Republic Act No. 9165, otherwise known as the ‘Comprehensive Dangerous Drugs Act of 2002’, is hereby amended to read as follows: SEC. 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphemalia and/or Laboratory Equipment. ~The 2 Retained under the 2019 Amendment of the Revised Rules of Court: sf [| Decion dated lanaary 30, 2023 Cin. Case Wo, 20-14B09-5PL People v. Tracks Haan y Bukong. y Simply stated, the requirements under Section 21, are the following: 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 ofthe dangerous drugs, controlled precursors and essential chemicals, Instruments/paraphernalia and/or laboratory equipment shall, immediately ater seizure and confiscation, conduct a physical inventory of the seized items and photograph the same in the presence of the accused or the personys 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. XXX "@) A cettification of the forensic laboratory examination results, which shall be done by the forensic laboratory examiner, shal be issued immediately upon the receipt of the subject item/s: Provided, That when the volume of dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals does not allow the completion of testing within the time frame, a partial laboratory examination report shall be provisionally issued stating therein the quantities of dangerous drugs still to be examined by the forensic laboratory: Provided, however, That a final certification shall be issued immediately upon completion of the said ‘examination and certification; x x x" 1. Conduct of physical inventory of the seized drugs ‘immediately after seizure and confiscation; 2. Signing on the Cettificate of Inventory by the two (2) 2 [Deaion dated January 30,2023 Gm. Case No. 20-14809-SPL People v. Thocks Haron y Bukong. witnesses mentioned in the succeeding paragraph 3; 3. The place of conduct of the physical inventory and photograph is either 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; 4. Taking of photographs of the seized evidence in the presence of the accused and the designate two (2) witnesses, that is either with an elected public official and a representative of the National Prosecution Service or an elected public official the media; and 5. Immediate issuance of a certification of the forensic laboratory examination results. In the case at bar, the aforestated requirements under Section 21 as amended have been complied with. Physical Inventory and Witnesses on Inventory 101 Limarez marked personally the drug items and conducted a physical inventory at the place of the arrest in the presence of the accused, the elected offical-Barangay Kagawad Allan N, Lacsina and Media Representative Dryen Zamora. Except for the accused, the three (3) of them affixed their signatures on the Inventory. Additionally, the presence of the accused during the marking was proven through the photographs taken during the actual marking (Exhibits “JJ” to “J-3"). The markings on the sold forty (40) sachets of methamphetamine hydrochloride are as follows: 08-14-2020; | [ MIML B-1 08-14-2020; MMLC: MOL B-2 08-14-2020; MML C-2 08-14-2020; MMIL B-3 08-14-2020; ML C-3 08-14-2020; | MML B-4 08-14-2020; [ MMU C-4 08-14-2020; MML B-5 08-14-2020; 3: [ MML B-6 08-14-2020; | MML B-7 08-14-2020; [MM MML B-8 08-14-2020} MML C-8 08-14-2020; MML B-9 08-14-2020; MML C-9 08-14-2020; [ MML B-10 08-14-2020; MML C-40 08-14-2020; MML 8-11 08 MM C-11 08-14-2020; | 7809 5PL People v. Thad Haron y Buona. p loscion dated lanaary 3, 2025 Crm. Case Wa MML C-12 08-14-2020; MM C-13 08-14-2020; MML C-14 08-14-2020; | MML B-15 08-14-2020; MML C-15 08-14-2020; MMU B-16 08-14-2020; ‘Mil -16 08-14-2020; ML B-17 08-14-2020; MM C-17 08-14-2020; [MIL B-18 08-14 MML C-18 08-14-2020; MML B-19 08-14-2020; MOL C-19 08-14-2020; [ML B-20 08-14-2020; MML C-20 08-14-2020. ‘The twenty (20) sachets of shabu marked as "MML B-1 08-14- 2020" to “MML B-20 08-14-2020" were placed in a yellow foil pack labeled with foreign characters and the word "DAGUANYIN” marked as “MML B 08-14-2020". While the other twenty (20) sachets of shabu marked as “MML C-1 08-14-2020" to "MML C-20 08-14-2020" were placed in another yellow foil pack labeled with foreign characters and the word “DAGUANYIN" marked as “MML B 08-14-2020”. The aforementioned two (2) yellow foil packs were placed in a 7-11 brown paper bag marked as "MML A 08-14-2020", AAs the case at bar is a case of warrantless arrest and seizure, the applicable protocol on the manner and place of inventory is that the inventory should be done in the presence of the accused or his representative and the two (2) witnesses that is an elected public offical and either the media representative or the DOJ representative at the nearest police station or nearest office of the apprehending officer or team, whichever is practicable, Here, the physical inventory was immediately conducted by the Poseur buyer at the place of seizure of the seized evidence from the accused such as the 7-11 brown paper bag (Exhibit "B") containing two (2) yellow foil packs with foreign label and “DAGUANYIN” (Exhibits "C” and “E”) each containing twenty (20) heat-sealed sachets containing methamphetamine hydrochloride (Exhibits "D" to “D-19 and “F” to “F- 19"), the brown paper bag (Exhibit "G") and the contents thereon such as the two (2) genuine One Thousand Peso bills with Serial Nos. LR974683 (Exhibit "H") and NE033590 (Exhibit "H-1") both with initials ML and placed on top of the bundles of boodle money, the two (2) Black SAMSUNG basic phones (Exhibit “I” and "I-1"), the TIN ID of the accused (Exhibit "J"), the White Toyota Fortuner with conduction sticker P7 8465 (Exhibit °K") and the car remote key (Exhibit “L"). Such inventory 23 [Decision dated January 30, 2023 Crim. Case No. 20-14809-5Pt. People v. Thocks Haron y Bukong. ae started from the marking by the seizing officer or in this case the poseur buyer and the filing-out of the Certificate/Receipt of Inventory of Seized/Confiscated Evidence for Drug Evidence and Non-Drug Evidence (Exhibits "U", "V", “W" and "X") which were all done in the presence of the accused and the witnesses, who are Barangay Kagawad Alan N. Lacsina of Barangay Maharlika, San Pedro City, Laguna who is an elected Public official and Ms. Dryen Zamora, a media representative from Latigo News TV as stated in their respective identification cards (Exhibits “II and “HH"), and as depicted in the photographs (Exhibits "J" to "J-3”). ‘The Certificate/Receipt of Inventory of Seized/Confiscated Evidence for Drug Evidence and Non-Drug Evidence (Exhibits "U", "V", “W" and “X") were duly signed by the two witnesses mentioned above as evidenced by their respective signatures (Exhibits "U-2” to “U-3", “V-2" to “V-3", "W-2" to °W-3” and “X-2" to “X-3") which is also signed by poseur buyer 101 Limarez (Exhibits “U-1", "V-1", "W-1" and "X-1"). In fact, the Prosecution and Defense entered into stipulations with regard to the testimony of the media representative and the elected Official on April 5, 2021 as follows: 1. That they signed on the Certificate of Inventory of the PDEA; and, 2, That they were present during the inventory which happened after the buy bust operation. ‘The place of conduct of the physical inventory is also compliant of the requirement under Section 21, being done in the place of arrest and seizure of the mentioned pieces of object, which is in Block 1, Harmony Village, Jupiter Street, San Vicente, San Pedro, Laguna, where the buy bust operation and the arrest and seizure occurred despite the fact that the law only requires that the inventory be conducted at the nearest police station or at the place where the apprehending officer holds office considering that this case is one for a warrantless arrest and seizure, or not a case involving an implementation of a warrant of arrest. Photograph Taking Likewise, the requirement on taking of photographs of the seized items together with the accused and the witnesses is equally complied ‘4 [Deaton dated Tamar 30, 2023 Gen. Case No. BO THBO9-SA People v. Tracks Varon y Buon. g with as evidenced by several photographs (Exhibits "JJ" to "JJ-3") which mostly transpired in the place of arrest and seizure. In particular, the photographs (Exhibit "J)-2" and "JJ-3") show the necessary witnesses signing the Certificates/Receipts of Inventory of Seized/Confiscated Evidence during the marking of the pieces of evidence that emanated from the accused. Said persons are, media representative Dryen Zamora and Barangay Kagawad Allan Lacsina, the accused, Thocks Haron, the poseur buyer, 101 Marvin Limarez and the Arresting Officer, PMSg Salvador Segovia, Jr. Also, the photographs marked as Exhibits “JJ” to "J)-3" show the accused, the witnesses and all seized object evidence. Lastly, the photographs marked as Exhibits “JJ-7" to “JJ-8” Thus, the requirement on photograph taking is complied with. Forensic Analysis The court also finds that the conduct of the forensic examination on the drugs evidence and the issuance of the Chemistry Report were made immediately it appearing that the time of completion of the laboratory examination occurred on August 15, 2020 at about 7:00 in the morning as stated in the Chemistry Report No. PDEA-NCR-20-0276 (Exhibit "T"), which is close to the time of seizure of the drug items or specimen at 10:30 in the evening of August 14, 2020. The Chemistry Report shows that the drugs evidence subjected into forensic examination are the following: Specimen Description Weight | Conclusion 1. | Aria | One (1) heat-sealed transparent plastic | 49.1677 | Positive for sachet containing white crystalline | grams | methamphet substance of suspected shabu marked amine as MML B-1 08-14-2020 with signature; | hydrochotori de (shabu), ‘a dangerous drug 2, | Arid | One (i) heat-sealed transparent plastic sachet containing white crystalline | 48.6713 substance of suspected shabu marked] grams | -ditto- ‘as MML B-2 08-14-2020 with signature; 3. | Ale | One (1) heat-sealed transparent plastic | 49.0390 sachet containing white crystalline | grams substance of suspected shabu marked -ditto- ‘as ML B-3 08-14-2020 with signature; [Ard | One (1) heat-sealed transparent plastic 15 [eas cated Tamar 30, 2023 Gi. Case No. 20-1400 SPL, People v. Thocs Maran y BHO e sachet containing white crystalline | 49.1410 ‘Substance of suspected shabu marked grams ~ditto- as MML B-4 08-14-2020 with signature; 5. | A-te |One (1) heat-sealed transparent plastic sachet containing white crystalline | 49.1330 | -itto- substance of suspected shabu marked | grams as MML B-5 08-14-2020 with signature; 6. | A-L¥ [One (1) heat-sealed transparent plastic sachet containing white crystalline | 49.0820 | -ditto- substance of suspected shabu marked | grams ‘aS MML B-6 08-14-2020 with signature; 7. | Arig [One (1) heat-sealed transparent plastic sachet containing white crystalline | 49.2686 | -ditto- substance of suspected shabu marked | grams | ‘as MML B-7 08-14-2020 with signature; ®. | _A-Lh | One (1) heat-sealed transparent plastic sachet containing white crystalline | 49.0450 | -ditto- substance of suspected shabu marked] grams ‘as MML B-8 08-14-2020 with signature; 9, [Ali | One (1) heat-seated transparent plastic sachet containing white crystalline | 49.1230 | -itto- substance of suspected shabu marked | grams ‘as ML B-9 08-14-2020 with signature; 10.| #15 | One (1) heat-sealed transparent plastic sachet containing white crystalline | 49.0247 ~ditto- substance of suspected shabu marked | grams as MML B10 08-14-2020 with signature; Ti. | Adl-k | One (1) heat-sealed transparent plastic | |sachet containing white crystaine | 49,0051 | substance of suspected shabu marked | grams -ditto- | as MML B-11 08-14-2020 with signature; 12.| Ada [One (1) heat-sealed transparent plastic sachet containing white crystalline | 49.0372 substance of suspected shabu marked| grams | ditto as MML B12 08-14-2020 with signature; 13. ‘A-1-m | One (1) heat-sealed transparent plastic sachet containing white crystalline | 49.1002 | -ditto- substance of suspected shabu marked | grams as MML B13 08-14-2020 with signature; 14.| A-i-n_| One (1) heat-sealed transparent plastic | 49.1830 "Be | oecson dated lnuary 30, 2023 Cie. ase No. 20-4809 SAL People V, THOS Faron ¥ Bulan. é /15. | sachet containing white crystalline ‘substance of suspected shabu marked as MML B-14 08-14-2020 with signature; ‘One (i) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML BAS 08-14-2020 with signature; grams 49.2330 grams -ditto- -ditto- 16. ‘One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu: marked as MML B16 08-14-2020 with signature; -ditto- 7, Arq (One (i) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked }as MML B17 08-14-2020 with signature; -ditto- 18, ‘One (1) heat-sealed transparent plastic sachet’ containing white crystalline substance of suspected shabu marked as MML B18 08-14-2020 with signature; 49.1280 grams -ditto- 19. Ars ‘One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as MML B19 08-14-2020 with signature; 49.2203 grams -ditto- 20. ‘One (1) heat-sealed transparent plastic sachet containing white crystaline substance of suspected shabu marked as MML B20 0814-2020 with signature; 49.2168 grams -ditto- 2 ‘One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked ‘as MML C-1 08-14-2020 with signature; 49.0494 grams ditto 2. 2b ‘One (1) heat-sealed transparent plastic sachet containing white crystalline substance of suspected shabu marked as ML C-2 08-14-2020 with signature; 49.0116 grams -ditto- 2. ‘One (i) heat-sealed transparent plastic sachet containing white crystalline ‘substance of suspected shabu marked 49.1269 grams -ditto- {7 (oeetion dated ancary 30,2023 i. Case a, 20-T4BDB-SAL People v. Tacks Haron yBukong 4 ‘as MML C-3 08-14-2020 with signature; 24.| 2d | One (1) heat-sealed transparent plastic sachet containing white crystalline | 49.0673 | -

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