Republic of the Philippines REGIONAL TRIAL COURT 12th Judicial Region Branch 03, lligan City rtc2ili003@judiciary.gov.ph PEOPLE OF THE PHILIPPINES, Plainti Crim, Case No. 20-24331, 24332, 24333 & 24334 -versus- FOR: VIOL. OF SEC. 28(A) in relation to Sec. 28 (e) of RA 10591 & VIOL. Of SEC. 11 & 12, ART. 1 OF RA 165 JOHN PIP MASLOG & CHRISTOPHER CENO, Accused. x- TRANSCRIPT Of stenographic notes taken down by the court stenographer Ruby R. ‘Arado during the hearing of the above-entitled case before the Honorable ALI OMBRA R. BACARAMAN, Acting Presiding Judge, Regional Trial Court, Branch 03, Iligan City, March 26, 2021, with the following appearances: ASSIST, PROV. PROS. GIOVANNI M. ENCABO- appearing for the people ATTY. ALYSSAR SAUDI S. SULOG - appearing for the defense Witness: 1. SSgt. Romero S. CapaoCrim, Case No, 20-28331-24334 PP ys. Maslog and Cefio Test of PSSG Capa0 March 26,2021 Page2 [Page PROS. ENCABO: Respectfully appearing for the people, Your Honor. ATTY. SULOG For the accused, Your Honor. PROS, ENCABO: May we call to the witness stand Staff Sergeant Romero Capao. THE COUR: ROMERO S. CAPAO, after having been sworn to an oath in accordance with law declared that he is 42 years old, married, PNP member and a resident of Purok 9, Poblacion, Kauswagan, Lanao del Norte, testified as follows: PROS, ENCABO: This witness is called to the witness stand for him to identify the affidavit he jointly executed with PCpl Glen Paul Vanguardia in connection with this case; to identify the accused; to identify on the fact of arrest of the accused while having pot session on September 4, 2020 at around 8:30 in the evening. PROS. ENCABO: (on direct-examination to the witness) Q PS5g Capao, do you remember where were you on September 4, 2020 at around 8:30 in the evening? A Yes, sir.rim, Case No, 20-24331-28334 Ps. Maslog and Ceo Test of PSSG Capao ‘March 26,2021 raged |Page Q A Will you please tell us where were you? Iwas at Kauswagan municipal station rendering my duty. While on such date and time do you remember any incident that happen in connection with this case? Yes, sir. ‘What was that incident all about? There was a call coming from the informant and received by PCpl Vanguardia, A call informing that there was an alleged pot session activity at Purok 10, Poblacion, Kauswagan, Lanao del Norte in Obedo's residence basement. Who received that call? PCpl. Vanguardia. When that information received by PCpl. Vanguardia where were you? Iwas there in the office. Do you know who was that calling? A call from confidential informant. The confidential informant informed that there was a pot session held at Purok 10, Barangay Poblacion, Kauswagan at Obedo's residence basement. What id your office or what did you do upon receiving that information? We called our acting chief of police, Capt. Eric T. Logronio, and then he created a team.Crim, Case No, 20-24331-24334 PP vs. Maslog and Cefio Test of PSSG Capac ‘March 26, 2021 Pagea [Page Q A © What was that team were going to do? Create a team of anti-illegal drug operation and then we conducted a short briefing, How many members would that team be created composed of? Our acting chief of police, myself, Vanguardia and the joint unit of PIU LDN PPO led by PLTCOL Catipay, 1005" MC RMFB, Munai PMS and CIDG. So, what happen after the conduct of that briefing? ‘The composed team, there was a proper coordination with the media representative as PCPL Vanguardia contacted the media and he also contacted the representative of the DOJ, Waida Boriongan but Waida Boriongan replied that he was not available at that time due to a very far distance. So, after the call of these witnesses, what happen? ‘Then we coordinated first the 2 barangay officials, Brgy. Captain Angelo Acaso and Brgy. Cagawad Jesus Abanid, and then together we proceeded to the aforementioned area. ‘You meant to say that the barangay captain and the barangay kagawad were called to appear in your office? We coordinated and they also agree. ‘And, in your office, what happen? We proceeded to the area. Where was that area? Parole 10, Pablacion at Obedo residence basement,Crim, Case No, 20-28331-24334 PP vs. Masog an nd Cefio Test of P5SG Capa0 March 26, 2021 Pages [Page Q A > > 0. > 40 So, you went there? Yes, si. Were you able to arrive at the area? Yes, sir. You said a residence of the family of Obedo? Yes, sit. ‘And, how were you able to enter into the premises? It was passable. There was a street pathway and upon approaching to the area we clearly saw them that there were 2 individuals there in the basement. You saw 2 people. How about the owner of the house where were they? ‘At that time there was one owner of the house at the upper portion of that house. Is the owner of that house visible in the pathway? Yes. It was already around 8:00 in the evening how is it possible that you were able to see the occupant upstairs? ‘There was a reflection of light. Upon seeing the 2 people in the basement what did you do? We are raiding team at that time and upon approaching at the basement PCpl. Vanguardia go first then I was also next of him and in that area we saw the 2 individuals were in possession of naranhornaliaCrim, Case No, 2024331-24334 PP vs, Maslog and Ceo Test of PSG Capao March 26,2021 Q © PL OSS O-> o 2 > eo > oO > 8 5b > 0 web [Page By the way, Mr. witness, this was around 8:00 in the evening so how is it possible that you saw what is in the basement? Because there was a reflection of light. From what is the source of light? ‘The light from the next residence. You mean the neighbor? Yes, sir, the neighbor. How far is this house of the neighbor to the house of Obedo? They are very close. ‘The walling almost touched each other? No You mean to say that the light that illuminates the basement was coming from the neighbor's house? ‘Yes. What is the source of the light? ‘There was a light from the neighboring residence. Lam asking you what is the source of light? Florescent lamp. [Aside from that light from the neighbor no other lights that illuminate on the basement? ‘There was a small light. Where is that small light located? From the upper portion of the house. ‘Yon are saving that these 2 neoole were in the basement?im. Case No, 20-24331-24334 PP vs. Maslog and Ceo Test of PSSG Capao March 26, 2021, Page? | Page A Yes. Q And, you saw that small light from the upper portion? A Yes. Q ‘And, in that source of light there is no other light that illuminate the basement? There is. Q What are the sources of that light? The neighbor. Q You noticed that there are only 2 lights, you mentioned that light coming from the neighbor's house and that small light coming from the upper part of the house, no more light aside from those lights? A Yes, sir Q So, that lights wherein the 2 lights alone illuminates to the basement? A Yes. Q So, what did you see in the basement? A We saw 2 individuals. Q What are those 2 individuals doing in the basement? A ‘They are holding the paraphernalia. Q What paraphernalia? A ‘The aluminum foils and the lighters. Q So, at what distance did you see these 2 people holding that ohinct that von are mentionine?Cri, Case No, 20-24331-24334 PP vs Maslog and Cefio Test of SSG Caps0 arch 25,2021 paged | Page A About 3 meters, Q As far as you are concerned you are 3 meters away from them? A Yes. Q What else did you find then? A We approached them. Q Who were those people approaching aside from you? A PCpl. Vanguardia. Q No other person? A ‘And, the other personality who joined that police operation. Q How far were they? A About 5 meters, Q So, you and Vanguardia were approaching these 2 persons? A Yes. Q So, when you approached them what happen? A ‘After we approached the 2 of them tried to resist arrest and PCpl. Vanguardia hold first Christopher Cero. ‘And, you , what did you do? A J was holding then John Pip Maslog. Q So, you are now in the situation that you are holding Maslog. and Vanguardia holding Cefto, what else happen there? A Because they resist arrest some of the paraphernalia scattered in the floor. Q What are those paraphernalia that you said scattered in the Aone?Crim. Case No. 20-24331-24334 PP vs. Masog and Cefio Test of P55G Capa ‘March 26, 2021 Pages |Pace A There are lots of aluminum foils, disposable lighters and there were also cellphones, There was also a needle shape aluminum foil. I was able to recover the needle to be attached to the lighter. Q So, you are saying that these objects scattered in the floor? A Yes. Q How were you able to see these objects in the floor? A Isee visibly. Q What is your source because it was night then or how were you able to see the objects scattered in the floor? A We lighted it. Q ‘What light? A We used the cellphone as a light. Q That is why I am saying what source of light illuminated there so you have your own light coming from your cellphone? A Yes, sir Q So, you are saying the flashlight of your cellphone? A Yes, sir. Q How many flashlights or cellphones were there illuminating the basement? A I think 2 or 3 flashlights. One of the flashlight is from your cellphone. How about the other 2 as you said there are 3? a Comino from the ontside we instructed to lieht the area,‘tim. Case No, 20-24331-24334 PP vs. Maslog and Cefio Test of P556 Capo ‘arch 26, 2022 Page 10 P ag Q A > E80: How about the other one coming from where? ‘That's all, Fiscal. So, you are sure that there are only 2 or 3? Tused my cellphone and one from the outside. How about Vanguardia does he have flashlight in his cellphone? He was holding Christopher. Consequently, he confiscated and searched from Christopher the pistol. So, he was not able to use his cellphone? Yes. Iam refreshing your memory. The source of the lights are from the light of your cellphone, from the neighbor and from the upper portion? Yes. So, now when you saw these objects that you have mentioned that scattered in the floor, what did you do? We were able to confiscate. You mean to say you collected those objects scattered on the floor? Not yet. We took photo first. Who was the one taking the photograph? Ihave the photo in my cellphone. So you have took the photograph of those items scattered in the Alone?Crim. Case No. 20-24331-24334 ‘PP vs. Maslog and Cefio Test of SSG Capa0 March 26,2021 Pages [Page A Yes. Q After taking photograph what did you do after that? A Talso conducted body search on the 2 suspects. Q So, you are the one conducting the body search? Yes. Q So, who of those 2 persons you conducted body search first? A Jonh Pip Masiog. Q So, what items, if any, or object, you found in the body search? A I searched from his body in the presence of 3 witnesses, the representative of media, Romeo Nangcas, Alexander Jamin and Michael Balcot together with Brgy. Captain Angelo Acaso and Brgy. Kagawad Jesus Abanid and during the search I confiscated 4 transparent plastic sachet. Q So, the person that you first conducted a body search was John Pip Maslog. So, what are the objects or things that you found in the body of Maslog? A Upon searching, we confiscated the 4 drug evidence, rectangular shape, white crystalline substance believed to be shabu. ‘You found out where? In the right pocket. What else did you find in the body of Maslog? Bi Doe! O 5 aluminum foils placed inside the folded yellow paper. > And then: what else?‘crim. Case No. 20-24331-24334 PP vs. Maslog and Cefio Test of PSSG Capa0 March 26,2021 age t2 | Page A At his left pocket I searched the lighter and the 4 aluminum foils. Q So, you found these objects and then after finding them what did you do with those objects? A I put the marking and I also make body search to the other suspect named Ceito. Q So, you been marking first the object that you found in the person of John Pip Maslog and then continue the searching to the other person? A Yes, sir. Q So, before going to the other person can you identify that object that you found from the possession of Maslog? A Yes, sir. Q Whatis your distinguishing marks? A 1 piece medium sized rectangular heat sealed. Q How were you able to distinguish to identify that if it will be shown to you? A marked it JM-1/9-4-20 with my signature. ‘THE COURT: Did you mention in your affidavit the markings you placed thereon? A Yes, Your Honor. PROS. ENCABO: (resuming) 2 Go vane dictinenriching marks on that sachets is what?Crim, Case No, 20-24331-24334 PP vs. Maslog and Cefio Test of SSG Capao March 26, 2021 Pagea3| Page A JM-1/9-4-20 with my signature. Q And, the second sachet? A JM-2/9-4-20 with signature up to JM-4/9-4-20. Q 1 am now showing to you these 4 sachets bonded in adhesive tape, will you please go over it? There are 5 sachets in this bond adhesive, what is this 5! sachet? A ‘The 5 sachet is confiscated from the right pocket of Ceito. PROS. ENCABO: So, the witness, Your Honor, is identifying the sachets with marking as Exhibit “H’, :H-1", “H-2" and “H-3. He also identify “H-4, he himself recovered from the body of the accused Cefio. Q ‘And, what else did you find in the body of Maslog? A Inhis pocket the 1 lighter. Q In the right pocket what are those items aside from this you already identified? A At the right pocket from John Pip Maslog aside from 4 drug evidence I confiscated also 5 aluminum foils which I marked it as JM-4. Lindividualize the marking. Q So, will you please go over this what relation has this item to the object that you already mentioned? A This is the one. Q So, these are the aluminum foils that you are referring to? Yes aieCri, Case No. 20-24331-24334 PP vs Maslog and Cerio. Test of PSSG Capao| waren 28,2022 Page34 [Page Q ‘There appears to be a signature here, whose signature is this? A That is mine. PROS. ENCABO: Your Honor, please, may we request for marking all these aluminum foils. May we request that this be marked as our Exhibit “I”, “I-1” and “1-2”, In the right pocket you only discover these items? Yes. How about in the left pocket? 1 lighter and 4 aluminum foils. What did you discover in the left pocket? lighter and 4 aluminum foils. So, what is the marking of that lighter? I marked it as JM-10/9-4-20. BO On Bi Oe eO: Iam showing to you the lighter, is this the lighter that you © found in the left pocket of Maslog? A Yessir. PROS. ENCABO: May we request that this lighter be marked as our Exhibit “5” Q No more? Upon thorough search I confiscated another 6 lighters in the area. Q ‘You mean to say in the basement?Crim. Case No, 20-24331-24334 PP vs. Maslog and Ceo, Test of PSSG Capao March 26, 2021 Page 15 | Page DSP eee Yes. What package did you put that? I mark it by RC-1/9-4-20 with signature. So, you mean to say that these 6 lighters these are the lighters you found scattered on the floor? Yes. Q What is RC? That is my marking or my name initial. Q Whats R stands for? A Romero. Q ‘How about the C? A Capac. Q ‘There is a signature here in this lighter, whose signature is this? A My signature. Q So far, what else did you find in the floor? A 4 pieces assorted cut aluminum foil marked as RC/9-4-20. Q ‘Are these the object that you are referring to? A Yes. PROS. ENCABO: May we ask for the marking of this exhibit as our Exhibit “I-6". Q In what particular place you put the markings in these objects? A During the markings I placed on top of the table.‘rim. Case No, 20-24331-24334 Ps. Maslog and Cefio ‘Test of PSSG Capa0 ‘March 26, 2021 Page16 |P ag. A Where was that table located? At the basement So, you put your marking at the place where you arrested the accused? Yes, sir. Who conducted the body search of Cerio? PCpl. Vanguardia, first PCpl. Vanguardia confiscated and searched the revolver and pistol from Cefto. How did you know that PCpl. Vanguardia searched it from Ceno? During the marking individually PCpl. Vanguardia tuned over to me the revolver. How did you know that this revolver is confiscated from Cefto aside from Vanguardia tell you, did you see Vanguardia searched this pistol from the body of Cefto? No. So, you do not know that this particular pistol is coming from the body of Cefo, that is what you are saying? Yes, ‘And, there appears to be a marking in this pistol revolver who put this marking? Iturned over that.