GROUP 3 - DRUG CASE

PRACTICE COURT

SUMMARY OF THE CASE:

CHARACTER/S
JUDGE: Vasquez
BRANCH CLERK OF COURT: Mones
PUBLIC PROSECUTOR: Ancheta
DEFENSE COUNSEL: Mondares-Bernabe
PRIVATE COMPLAINANT/S: Racmat/Centeno
ACCUSED: Centeno
WITNESS/ES Racmat
______________________________________________________________________

Mones: Please all rise. The Court is now in session. Honorable Rhodora
Vasquez, Presiding, silence is hereby enjoined.

(Gavel)

Vasquez: Let us first pray the ecumenical prayer for the courts.

Almighty God, we stand in Your Holy Presence as our Supreme Judge. We humbly
beseech You to bless and inspire us so that what we think, say and do will be in
accordance with Your will. Enlighten our minds, strengthen our spirit and fill our hearts
with fraternal love, wisdom and understanding, so that we can become effective
channels of truth, justice and peace.In our proceedings today, guide us in the path of
righteousness for the fulfillment of Your greater glory. Amen.

( sit down)

Vasquez: Let’s call the case.

Mones: For arraignment and pre-trial conference, Criminal Case No.

24200226, People of the Philippines versus Nescy John Centeno y
alias

Vasquez: Appearances?

Ancheta: Good afternoon, Your Honor, Assistant City Prosecutor Vivien

Ancheta, appearing for the people, Your Honor.

Mondares: Good afternoon, Your Honor, respectfully appearing for the accused
Nescy John Centeno, I am Atty. Ana Marie Mondares-Bernabe.
Mondares: Ready for arraignment, Your Honor.

Vasquez: Okay. Let’s arraign the accused.

(Tayo yung accused at BCC facing each other)

Mones: Ikaw, Nescy John Centeno y Perez alias Toti ay nasasakdal sa

hukumang ito sa paglabag ng Section 5 ng Article II ng Republic
Act No. 9165 na noong ika-15 ng Enero 2024, sa lungsod ng
Makati, ikaw ay sadya at labag sa batas na nagbenta sa isang pulis
o poseur buyer ng dalawang heat sealed transparent sachet na
may markang NJC at NJC-1 na may lagda na naglalaman ng 0.46
na gramo ng white crystalline substance bawat sachet na
mayroong methamphetamine hydrochloride o mas kilala bilang
shabu, isang ipinagbabawal na droga. Ito ay labag sa batas,
inaamin mo ba ito?

Centeno: Hindi po.

Mones: The accused pleaded not guilty, Your Honor.

Vasquez: Okay. ready for a pre-trial conference?

Ancheta: We are ready, Your Honor.

Mondares: Ready for pre-trial, Your Honor.

Ancheta: May we know if the counsel for the defense is willing to stipulate as
to the identity of the accused and the territorial jurisdiction of this
Honorable Court.

Mondares: We admit the identity of the accused as the person charged in this
case, Your Honor, and also the territorial jurisdiction of this
Honorable Court.

Ancheta: The issue, Your Honor please, is whether or not the accused is
guilty of Violation of Section 5 Article II of Republic Act No. 9165, as
charged in the Information.

Mondares: We joined the prosecution in the issue of this case.

Ancheta: Exhibits for the prosecution: Join Affidavit of Arrest and Complaint
dated 16 January 2024, original copy. May we pray that the same
be marked as Exhibit “A”, Your Honor.

Vasquez: Mark it.

Ancheta: The Affidavit of the Investigator, original copy. May we pray that the
same be marked as Exhibit “B”, Your Honor.

Vasquez: Okay. Mark it.

Ancheta: Letter Referral for Inquest, original copy. May we pray that the
same be marked as Exhibit “C”, Your Honor.

Vasquez: Mark it.

Ancheta: Certification issued by the Station Commander of Station Drug

Enforcement Unit of Makati City Police Station, original copy. May
We pray that the same be marked as Exhibit “D”, Your Honor.

Vasquez: Mark it.

Ancheta: The Authority to Operate dated 12 January 2024, likewise an

original copy. May we pray that the same be marked as Exhibit “E”,
Your Honor.

Vasquez: Mark it.

Ancheta: The Pre-Operation Report dated 11 January 2024, likewise an

original copy. May we pray that the same be marked as Exhibit “F”,
Your Honor.

Vasquez: Mark it.

Ancheta: The Booking Sheet and Information Report of accused Nescy John
Centeno y alias, original copy. May we pray that the same
be marked as Exhibit “G”, Your Honor.

Vasquez: Okay. Mark it.

Ancheta: Request for Laboratory Examination, original copy, Your Honor.

May we pray that the same be marked as Exhibit “H”, Your Honor.

Vasquez: Okay.

Ancheta: Chemistry Report No. 24-0128, original copy. May we pray that the
same be marked as Exhibit “I”, Your Honor.

Vasquez: Mark it.

Ancheta: The Receipt/Inventory of Item/s of Property Seized, it’s an original
copy, Your Honor. May we pray that the same be marked as Exhibit
“J”, Your Honor.

Vasquez: Please mark it.

Ancheta: Photograph of the arrested suspect and the seized pieces of

evidence, Your Honor. May we pray that the same be marked as
Exhibit “K” with sub-markings, Your Honor.

Vasquez: Please mark them.

Ancheta: The 2 pieces 100 peso bill, Your Honor, original copy, we are
turning it over to the Honorable Court. May we pray that the 100
peso bill with serial number “EW734397” be marked as Exhibit “L”
and the 100 peso bill with serial number XY849360 be marked
as our Exhibit “L-1”, Your Honor.

Vasquez: Mark them.

Ancheta: The Chain of Custody Form, also an original copy, Your Honor. May
we pray that the same be marked as our Exhibit “M”, Your Honor
please.

Vasquez: Please mark it.

Ancheta: The Original/Genuine Buy Bust/Marked Money, original copy, Your

Honor. May we pray that the same be marked as our Exhibit “N”,
Your Honor please.

Vasquez: Okay mark it.

Ancheta: Spot Report dated 15 January 2024, also an original copy, Your
Honor. May we pray that the same be marked as our Exhibit “O”,
Your Honor.

Vasquez: Please mark it.

Ancheta: Medical Certificate of the accused, Your Honor, it’s an original copy.
May we pray that the same be marked as our Exhibit “P”, Your
Honor please.

Vasquez: Mark it.

Ancheta: And may we be allowed to reserve the right to mark additional

documents in the course of the trial, Your Honor.
Vasquez: Okay, with reservation. Exhibits for the defense?

Mondares: We pray to mark as Exhibit “1” the Kontra-Salaysay of accused

Nescy John Centeno y Perez alias Toti.

Vasquez: Okay, please mark it as Exhibit “1”.

Mondares: Sinumpaang Salaysay ng Pagtestigo of Mr. Peter Centeno, the

father of the accused, Your Honor, we pray that the same be
marked as our Exhibit “2”, Your Honor.

Vasquez: Okay mark it.

Mondares: Also with reservation to mark additional documents in the course of

the trial, Your Honor.

Vasquez: Alright, noted. List of witnesses for the prosecution?

Ancheta: Police Officer Yasser Racmat, PS/Insp. Peter Malabo, the

investigator-on-case and the Forensic Chemist.
Your Honor, the investigator is present today, Your Honor.

Vasquez: Would you like to enter into stipulations?

Ancheta: Yes, Your Honor please.

Vasquez: Please take the witness stand. Take the personal circumstances of
the witness.

Mones: Please raise your right hand. Do you swear to tell the truth, the
whole truth and nothing but the truth so help you God?

Romero: Yes, I do.

Mones: Please state your name and other personal circumstances.

Pangalan?

Romero: Police Senior Inspector Peter Malabo.

Mones: Age?

Romero: 44 years old

Mones: Status?
Romero: Married

Mones: Occupation?

Racmat: Police Senior Inspector assigned at Station Anti-Illegal Drugs of

Makati Police District

Mones: Address?
.
Racmat: care of Station Anti-Illegal Drugs of Makati Police District

Mones: The name of our witness is PS/Insp. Peter Malabo, 44 years old,
married, Police Senior Inspector assigned at Station Anti-Illegal
Drugs of Makati Police Station.

Vasquez: Okay. Matters for stipulation?

Ancheta: We are offering the testimony of the witness, Your Honor, to prove
that on the date of the incident, he is police officer assigned at
Station Anti-Illegal Drugs of Plaza Morga of Makati Police District;
that he was assigned as the police-investigator-on-case; that in the
course of his investigation, he prepared the following documents:
The Joint Affidavit of Arrest and Complaint dated 16 January 2024;
the Request for Laboratory Examination; the blank forms of Receipt
of Property/Evidence Seized; that he took pictures of the accused,
the pieces of evidence, and the proceedings undertaken, Your
Honor. He also prepared the blank forms for Chain of Custody.

Vasquez: None other?

Ancheta: Yes, Your Honor.

Vasquez: Any counter-stipulations?

Mondares: Yes, Your Honor, with counter-stipulation that he has no personal

knowledge as to the circumstances surrounding the arrest and the
search and seizure upon the person of the accused, Your Honor.

Ancheta: Admitted, Your Honor.

Vasquez: Are we done now?

Ancheta: Yes, Your Honor.

Vasquez: Your witnesses are now in effect two?

Ancheta: Yes, Your Honor, PCpl. Yasser Racmat and the Forensic Chemist
In the person of Mr. Gerardo Felizmenio.

Vasquez: For the defense, how many?

Mondares: The accused himself, Your Honor and the father of the accused,
Your Honor.

Vasquez: So two witnesses for the defense?

Mondares: Yes, Your Honor.

Vasques: Okay, two hearing dates both for the prosecution and the defense.
You’re excused from the witness stand, investigator.

Racmat: Thank you, Your Honor.

Vasquez: I’ll issue the Order.

At today’s scheduled arraignment and pre-trial conference of this case, the

accused was duly assisted by Atty. Ana Marie O. Mondares-Bernabe of the Public
Attorney’s Office.

The Public Prosecutor, the arresting officer as well as the investigator-on-case,

likewise appeared in court.

After the information was read to him in a language which he knew and
understood he pleaded NOT GUILTY to the offense as charged.

Let, therefore, a plea of not guilty be entered into the record of this case.

Thereafter the pre-trial proceeded with the prosecution and the defense entering
into the following stipulations:
1. The territorial jurisdiction of this Court over the offense charged; and
2. The identity of the accused as the same person charged in the Information.

The sole issue for resolution is whether or not the accused is guilty of the offense
charged.

For the exhibits, the prosecution caused the marking of the following:

Exhibit “A” - Joint Affidavit of Arrest and Complaint ;

Exhibit “B” - Affidavit of the Investigator;
Exhibit “C” - Letter Referral for Inquest;
Exhibit “D” - Certification issued by the Station Commander;
Exhibit “E” - Authority to Operate;
 Exhibit “F” - Pre-Operation Report;
Exhibit “G” - Booking Sheet and Information Report;
Exhibit “H” - Request for Laboratory Exam;
Exhibit “I” - Chemist Report No. 24-0128;
Exhibit “J” - Receipt/Inventory of Items of Property Seized;
Exhibit “K” with sub-markings - Photograph of the arrested suspect and the
seized pieces of evidence
Exhibit “L” - 100 peso bill with serial number
Exhibit “L-1” - 100 peso bill serial number
Exhibit “M” - Chain of Custody
Exhibit “O” - Sport Report
Exhibit “P” - Medical Certificate of the accused; and

with reservation to present other exhibits in the course of the trial, subject to the
requirement that it must be for good cause shown.

On the part of the defense, it caused the marking of the following documentary exhibits:
Exhibit “1” - Kontra-Salaysay of accused Nescy John Centeno;
Exhibit “2” - Sinumpaang Salaysay ng Pagtestigo of Peter Centeno; and

reserved its right to mark additional evidence in the course of the trial, subject to the
same requirement.

Anent the witnesses, as follows will be presented for the prosecution:

1. PCPL.Yasser Racmat; and
2. Forensic Chemist, Gerardo Felizmenio;

In view of the presence of the investigator-on-case, PS/INsp. Peter Malabo, his

supposed testimony was stipulated as follows:

1. That he is a police officer assigned at Station Drug Enforcement Unit of Makati

City Police Station;
2. That he is the investigator-on-case;
3. That in the course of his investigation, he prepared the following documents:
a. Joint Affidavit of Arrest and Complaint;
b. Request for Laboratory Examination;
c. Blank form of Receipt/Inventory of Item/s of Property Seized;
d. Blank Form of Chain of Custody;
e. Pictures of the accused, evidence, as well as the proceedings on
markings undertaken.

By way of counter-stipulation, the defense proposed to which the prosecution

admitted that the witness has no personal knowledge as to the commission of the crime
and the arrest of the accused as well as the search of his person and seizure of
evidence.
 On the part of the defense, the accused will be presented as witness and one
Peter Centeno y Perez, the father of the accused.

The trial dates for the prosecution are: January 26 and 29, 2024 both dates at
1:30 in the afternoon.

For the defense, the trial dates are on February 6 and 8, 2024, at 1:30 in the
afternoon.

Given the foregoing, the pre-trial conference is now considered terminated.

The prosecution and the defense are directed to observe the mentioned trial
dates and this Pre-Trial Order will govern the course of the trial.

The parties are further reminded that no evidence not marked nor identified at today’s
pre-trial conference will be allowed to be introduced during trial, except for good cause
shown.

Should there be a need to correct this Pre-Trial Order, the proper motion should
be filed within five (5) days from receipt of this Order, otherwise the same stands.

Vasquez: Any other matters to consider before we adjourn?

Ancheta: None for the people, Your Honor.

Mondares: None for the accused.

Mones: Please all rise. Session adjourned.

(Gavel)
TRIAL (Prosecution)

Mones: All rise. The Court is now in session. Honorable Rhodora

Vasquez, Presiding, silence is hereby enjoined.

(Gavel)

Vasquez: Call the case.

Mones: For trial, Criminal Case No. 24200226, People of the Philippines
versus Nescy John Centeno y alias

Vasquez: Appearances?

Ancheta: Good afternoon, Your Honor, for the people, Your Honor.

Mondares: Good afternoon, Your Honor, for the accused, Your Honor.

Ancheta: Ready for trial, Your Honor.

Vasquez: Okay please call your witness.

Ancheta: We have two witnesses for today, Your Honor, PCpl. Yasser
Racmat, the arresting officer and the Forensic Chemist Gerardo
Felizmenio.

Vasquez: Are you going to present both of them today?

Ancheta: Yes, Your Honor, if i may, we would like to stipulate on the proposed
testimony of the Forensic Chemist, Your Honor, in order to expedite
the proceedings, if the defense counsel is amenable, Your Honor,
that he is the Forensic Chemical Officer that conducted a forensic
examination on the specimen submitted to him on 15 January
2024; that he received a Letter Request for Laboratory Examination
together with two (2) heat sealed transparent plastic sachet
containing white crystalline substance suspected to be shabu
bearing the markings “NJC”_ with signature and “NJC-1” with
signature; that after several test conducted physical, chemical and
confirmatory, the contents of the two heat sealed transparent plastic
sachet containing white crystalline substance suspected to be
shabu yielded positive result to the test for the methamphetamine
hydrochloric, a dangerous drug; that he reduced into writings his
findings in a Chemistry Report No. 24-0128;

Vasquez: What do you say, counsel?

Mondares: We stipulate, Your Honor, with counter-stipulation that the witness
has no personal knowledge as to the source of the specimen.

Vasquez: So are we now dispensing with the further presentation of the

witness?

Ancheta: Yes, Your Honor. May we pray that the brown envelope containing
the specimen be marked as our Exhibit “Q”, Your Honor, the heat
sealed transparent plastic sachet containing white crystalline
substance with marking “NJC” as Exhibit “Q-1” and another heat
sealed transparent plastic sachet containing white crystalline
substance with marking “NJC-1” as Exhibit “Q-2”, Your Honor
please.

Vasquez: Okay, mark them accordingly.

Ancheta: Thank you, Your Honor.

Vasquez: Who is the other witness?

Ancheta: We are calling to the witness stand, PCpl. Yasser Racmat, Your
Honor.

Vasquez: Okay take the witness stand.

(tatayo kayo ng witness, taas ang kanang kamay pareho)

Mones: Please raise your right hand. Do you swear to tell the truth, the
whole truth and nothing but the truth so help you God?

Racmat: Yes, I do.

Mones: Please state your name and other personal circumstances.

Pangalan?

Racmat: Yasser Racmat.

Mones: Age?

Racmat: 30 years old

Mones: Status?

Racmat: Married

Mones: Occupation?
Racmat: Police Officer assigned at Station Anti-Illegal Drugs of Plaza
Morga of Makati Police District

Mones: Address?

Racmat: 1192 Granate San Andres, Bukid, Manila.

Mones: The name of our witness is Yasser Racmat, 30 years old, married,
a Police Officer assigned at Station Anti-Illegal Drugs of Plaza
Morga of Makati Police District and with address at 1192 Granate
San Andres, Bukid, Manila.

Vasquez: Your witness?

Ancheta: Your Honor, we are offering the testimony of the witness to

prove the material allegations in the information charging
accused Nescy John Centeno y Perez for violation of Section
5, Article II of Republic Act 9165. In the course of his
testimony, he would prove that he is the Forensic Chemist
who conducted the qualitative and quantitative examination of
the drug evidence confiscated from the accused, he would
prove the Chain of Custody, he would identify documents
pertaining to that examination or the determination of
dangerous drugs, he would identify the drug evidence that he
examined and testified as to other relevant matters.

Vasquez: Any comments?

Mondares: Subject to cross, Your Honor.

Vasquez: You may proceed.

Ancheta: With the kind permission of the Honorable Court.

Direct Examination of Yasser Racmat

Ancheta: Mr. Witness, you said that you are a police officer, where were you
assigned on January 15, 2024?

Racmat: At the Station Drug Enforcement Unit of Makati Police Station.

Ancheta: Do you recall if you reported for work on that day?

Racmat: Yes, Ma’am.

Ancheta: What was your tour of duty then?

Racmat: From 7 am to 7 pm, Ma’am.

Ancheta: And where were you at about 4:00 in the afternoon of that day?

Racmat: We effected the arrest of the accused, Nescy John Centeno,

Ma’am.

Ancheta: Why did you effected the arrest of the accused in this case?

Racmat: We received a telephone call from a concerned citizen that a

certain “Toti” is selling and trading illegal drugs along Bagong Diwa
St. Brgy. Poblacion

Ancheta: So after, the information was received, what was the step
undertaken if any, by your office?

Racmat: We then tapped all network of assets in the area to verify the
identity of this person. And after several taps, one of our
confidential informant came to our office and gave us a report and
validated the report of the concerned citizen.

Ancheta: After verifying the identity of the accused, what other step did your
office undertake?

Racmat: The office prepared the pre-ops, Ma’am.

Ancheta: If you will see that pre-ops will you be able to identify it?

Racmat: Yes, Ma’am.

Ancheta: Please go over this document, Mr. Witness, and tell us what is the
relation of this pre-ops to the pre-operation report prepared for this
case?

Racmat: It’s the same pre-ops that we prepared against Nescy John
Centeno y Peres, Ma’am.

Ancheta: Your Honor, the pre-operation report was previously marked as

Exhibit “F” during the pre-trial, Your Honor.

Vasquez: Okay.

Ancheta: After you have prepared this Pre-operation Report, what did you do
next in connection with this pre-ops?
Racmat: We pre-ops were brought to PDEA for proper coordination, Ma’am.

Ancheta: After this pre-ops was received by PDEA, what was the response of
PDEA, if you know?

Racmat: They gave us the Authority to Operate, Ma’am.

Ancheta: If you will see that Authority to Operate, will you be able to identify
the same?

Racmat: Yes, Ma’am.

Ancheta: Please go over this document, Mr. Witness, what is the relation of
that to the Authority to Operate you mentioned a while ago?

Racmat: That is the same document, Ma’am.

Ancheta: The Authority to Operate was previously marked as our Exhibit “E”,
Your Honor.

Vasquez: Noted.

Ancheta: So after you were given the Authority to operate by the PDEA, what
happened next, if any?

Racmat: We had a briefing, Ma’am, and we were told what we are going to
do during the operation.

Ancheta: Mr. Witness, in this buy-bust operation, who act as the poseur
buyer?

Racmat: I am the one, Ma’am.

Ancheta: In connection with your duties as a poseur buyer, what did you do,
if any?

Racmat: We prepared the buy-bust money that we will use to buy illegal
drugs, Ma’am.

Ancheta: How much is the buy-bust money, Mr. Witness?

Racmat: Two hundred pesos, Ma’am, two pieces of one hundred peso bills.

Ancheta: Will you be able to identify that two hundred peso bill?
Racmat: Yes, Ma’am.

Ancheta: I am showing you two pieces of hundred peso bill, the first one is
bearing the serial number EW734397 and the other one is bearing
serial number XY849360, please tell us what is the relation of this
money to the buy-bust money that you used in the buy-bust
operation, Mr. Witness?

Racmat: These are the same buy-bust money that we have prepared.

Ancheta: Your Honor, the one hundred peso bill with serial number
EW734397 was previously marked as Exhibits “L” and the second
one hundred peso bills with serial number XY849360 was “L-1”,
Your Honor. We are turning over the buy bust money to the
Honorable Court.

Vasquez: Okay.

Ancheta: Where did the buy-bust operation conducted?

Racmat: At 226 Bagong Diwa St. Brgy. Poblacion, Makati City, Ma’am.

Ancheta: What time did you arrive there?

Racmat: Around 3:30 in the afternoon, Ma’am.

Ancheta: What happened when you reached Bagong Diwa St. Brgy.
Poblacion?

Racmat: The confidential informant introduced me to the subject as a buyer,

Ma’am.

Ancheta: After you were introduced by the information, what happened next?

Racmat: The informant said kuha kami, then the suspect said, magkano
Ba?, then I replied 200 pesos, Ma’am.

Ancheta: After that what transpired next, if any?

Racmat: I gave the marked money to the accused, Ma’am, which he

accepted using his right hand and then he inserted it into his right
front short pants pocket. He then pulled out from his left front short
pants pocket two (2) small heat sealed transparent plastic sachet
containing white crystalline granules suspected to be SHABU and
handed it to me, Ma’am.
Ancheta: After you get hold of the sachet, what happens next if any?

Racmat: I then made the pre-arranged signal, Ma;am.

Ancheta: And after making the pre-arrange signal, what transpired next, Mr.
Witness?

Racmat: The team then approached to assist me in arresting the suspect

and I immediately grabbed the suspect and introduced myself as a
police officer. Then I read to him his miranda rights, Ma’am.

Ancheta: Mr. Witness, how many sachet of shabu was recovered from the
possession of the accused?

Racmat: Two sachets, Ma’am.

Ancheta: But you only bought one sachet from the accused?

Racmat: No, Ma’am, two sachets.

Ancheta: After reading to them the miranda rights, what happened next?

Racmat: We marked the recovered pieces of evidence, Ma’am, NJC and

NJC-1.

Ancheta: What does NJC stand for?

Racmat: The initials of the suspect, Nescy John Centeno, Ma’am.

Ancheta: Who placed the markings?

Racmat: I am the one, Ma’am, it also bears my signature.

Ancheta: Your Honor, may we pray for the marking of the recovered pieces of
evidence. We pray that the brown envelope containing the
paraphernalia be marked as our Exhibit “Q”, Your Honor and the
two pieces of sachets be marked as Q-1 and Q-2, Your Honor. We
are turning the evidence to the Honorable Court.

Vasquez: Okay mark them accordingly.

Ancheta: After marking the evidence, what happened next, if any?

Racmat: We went to the police station and prepared the chain of custody
form, Ma’am.
Ancheta: Who were present at the police station when you prepared the
Chain of Custody Form?

Racmat: Me, the investigator-on-case, PO1 Pinol, Chairman Ian Gucio and
Kagawad Rey Campanera, Ma’am.

Ancheta: If you will see that Chain of Custody Form will you be able to
identify it?

Racmat: Yes, Ma’am.

Ancheta: Please go over this document and tell us what is the relation of this
to the Chain of Custody Form you mentioned a while ago?

Racmat: This is the same document, Ma’am.

Ancheta: Your Honor the chain of custody form was previously marked as our
Exhibit “M”.

Vasquez: Okay.

Ancheta: After preparing the chain of custody form, what happened next?

Racmat: We photograph the arrested suspect and the seized pieces of

evidence, Ma’am.

Ancheta: If you will see that photographs will you be able to identify the
same?

Racmat: Yes, Ma’am.

Ancheta: After that what happened next?

Racmat: We prepare an inventory of the seized items, Ma’am.

Ancheta: Please go over this document, Mr. Witness and tell us what is the
relation of this inventory to the one you prepared?

Racmat: This is the inventory that we have prepared, Ma’am.

Ancheta: There is a signature appearing on top of the name PCpl. Yasser

Racmat, whose signature is this?

Racmat: That is my signature, Ma’am.

Ancheta: There are also signatures appearing on top of the names,
Pat. Xander Pinol, Chairman Ian Gucio and Kagawad Rey
Campanera, whose signatures are those?

Racmat: This is the signature of Pat. Xander Pinol, Chairman Ian Gucio and
Kagawad Rey Campanera, Ma’am.

Mones: Witness is referring to the signatures appearing above the names

Pat. Xander Pinol, Chairman Ian Gucio and Kagawad Rey
Campanera

Ancheta: Why do you say that those are the signatures of those individuals?

Racmat: Because they signed it in my presence, Ma’am.

Ancheta: Your Honor, the Receipt/Inventory of Item/s of Property Seized was

previously marked as our Exhibit “J”.

Vasquez: Alright, noted.

Ancheta: After that what happened next, if any?

Racmat: We subjected the accused to a medical examination, Your Honor.

Ancheta: If you will see that medical examination, will you be able to identify
it?

Racmat: Yes, Ma’am.

Ancheta: Please go over this document, Mr. Witness and tell us what is the
relation of this to the one you mentioned?

Racmat: This is the result of the medical exam of the accused, Ma’am.

Ancheta: Your Honor, the Medical Examination was previously marked as our
Exhibit “P”.

Vasquez: Okay.

Ancheta: Are there any other documents your office have prepared in
connection with this case?

Racmat: Yes, Ma’am, the Request for Laboratory Examination.

Ancheta: If you will see that Request for Laboratory, will you be able to
 identify it?

Racmat: Yes, Ma’am.

Ancheta: Please go over this document, Mr. Witness and tell us what is the
relation of this to the one you mentioned?

Racmat: This is the Request for Laboratory examination that we have made,
Ma’am.

Ancheta: Your Honor, the Request for Laboratory examination was previously
marked as our Exhibit “H”.

Vasquez: Okay.

Ancheta: Do you know the result of the examination, Mr. Witness?

Racmat: It was found positive for methamphetamine as per the result given
by the crime lab, Ma’am.

Ancheta: If you will see the report of the examination result, will you be able
to identify it?

Racmat: Yes, Ma’am.

Ancheta: Please go over this document, Mr. Witness and tell us what is the
relation of this to the one you mentioned?

Racmat: This is the result of the laboratory examination, Ma’am.

Ancheta: Your Honor, Chemistry Report No. 24-0128 was previously marked
as
our Exhibit “I”.

Vasquez: Okay, noted.

Ancheta: Mr. Witness, if you will see the accused, will you be able to identify
him?

Racmat: Yes, Your Honor.

Ancheta: Please look around the courtroom and point to him, Mr. Witness.

Racmat: (Point)

Mones: The witness pointed to a man seated at the ______ row of the
 courtroom wearing yellow shirt and when asked his name he
Answered, buong pangalan po?

(tatayo yung accused)

Centeno: Nescy John Centeno y Perez.

Mones: And when asked his name he answered, Nescy John Centeno y
Perez.

Ancheta: That would be all, Your Honor.

Vasquez: Okay, ready for cross?

Mondares: With your permission, Your Honor.

Vasquez: Okay, proceed.

CROSS EXAM OF YASSER RACMAT

Mondares: Mr. Witness, at the time when you arrived at the target place, what
was the accused doing at that time?

Racmat: He was seated at a wooden chair outside their , Ma’am, toyota vios.

Mondares: When you arrived together with the confidential informant, what
was the reaction of the accused?

Racmat: Wala naman po, the confidential informant introduced me as a

buyer, Ma’am.

Mondares: What were you wearing at that time?

Racmat: Civilian clothes, Ma’am.

Mondares: So you mean to say, Mr. Witness, that the accused was not even
shocked or alarmed that the confidential informant was with another
person buying drugs from her?

Racmat: No, Ma’am.

Mondares: Even though, Mr. Witness, that there is a track down with regard to
the drug activities of the government?

Racmat: Yes, Ma’am.

Mondares: When you reached the target area, Mr. Witness, how did you know
that the accused is the person you will be transacting with?

Racmat: The confidential informant knew the face of the suspect, Ma’am.

Mondares: Is this the first time this confidential informant had a transaction with
the suspect, if you know?

Racmat: I know that this is the first time, Ma’am.

Mondares: Then how are you sure that this suspect is the one being reported
to be selling illegal drugs?

Racmat: We are sure because he fit the description given by the concerned
citizen, Ma’am.

Mondares: Precisely, Mr. Witness, the information came from a concerned

citizen, and it was just allegedly confirmed by the confidential
informant that a certain Toti was selling drugs, right?

Racmat: Yes, Ma’am.

Mondares: Your team did not conduct a casing operation before that, am i
correct?

Racmat: Yes, Ma’am.

Mondares: Your team did not conduct a test buy before the buy bust
operation?

Racmat: No, Ma’am.

Mondares: No further, Your Honor.

Vasquez: Redirect?

Ancheta: No, Your Honor.

Vasquez: Do you have other witnesses to present?

Ancheta: No more witnesses for the prosecution, Your Honor.

Vasquez: Okay, you’re excused PCpl. Racmat.

Ancheta: Your Honor, if I may, we are ready proceed with the oral offer of
exhibits today, Your Honor.
ORAL OFFER OF EXHIBITS BY THE PROSECUTION

Vasquez: Please proceed with the oral offer, Prosec. We will hear the
comment of the defense counsel after all the documentary exhibits
are offered.

Mondares: We submit, Your Honor.

Ancheta: We are offering the following documentary exhibits, Your Honor:

Exhibit “A” - Joint Affidavit of Arrest and Complaint and Exhibit “B” the Affidavit of
the Investigator are being offered to prove the material allegation in
the information. To show the facts and circumstances that lead to
the recovery of the specimen and the arrest of the accused and as
part of the testimonies of the prosecution witnesses;

Exhibit “C” - Letter Referral for Inquest is being offered to prove that after the
arrest of the accused, he was subjected to inquest proceedings.;

Exhibit “D” - Certification issued by the Station Commander is being offered to

prove that the Station Commander certified the preparation of all
the documents in connection with the filing of the cases against the
accused;

Exhibit “E” - Authority to Operate and Exhibit “F” the Pre-Operation Report are
being offered to prove the material allegation in the information. To
prove compliance with the procedural condition precedent with
regard to the valid anti-illegal drug Operation;

Exhibit “G” - Booking Sheet and Information Report is offered to prove that the
material allegation in the information. To prove compliance with the
procedural condition precedent with regard to the valid anti-illegal
drug operation;

Exhibit “H” - Request for Laboratory Exam is being offered to prove the material
allegation in the information. To further prove that the items
recovered from the accused were subjected to laboratory
examination and to show the date and time when the request was
made, and was duly received for the said purpose;

Exhibit “I” - Chemist Report No. 24-0128 is being offered to prove the material
allegation in the information. To further prove that the items
recovered from the accused were subjected to laboratory
examination and to show the date and time when the request was
made, and was duly received for the said purpose;
Exhibit “J” - Receipt/Inventory of Items of Property Seized is being offered to
prove the material allegation in the information. To further prove that the
items recovered from the accused were inventoried in the presence of the
accused, a barangay official and a media representative. To prove the
chain of custody of the specimens recovered from the accused and to
show that they were the same items recovered from their possession. To
prove compliance in Section 21 of Republic Act 9165.

Exhibit “K” with sub-markings - Photograph of the arrested suspect and the
seized pieces of evidence are being offered To prove
the material allegation in the information. To further
prove that the items recovered from the accused were
inventoried in the presence of the accused, a
barangay official and a media representative. To
prove the chain of custody of the specimens
recovered from the accused and to show that they
were the same items recovered from their
possession. To prove compliance in Section 21 of
Republic Act 9165.

Exhibit “L” and “L-1” - the two pieces 100 peso bill with serial number EW734397
and XY849380are being offered to prove the material
allegation in the information. To further prove the existence
of the buy bust money that was used during the buy bust
operation and the fact of the sale of illegal drugs between
the accused and the police operatives.

Exhibit “M” - Chain of Custody is offered to prove the material allegation in the
information. To further prove that after the drug test examination of the
person of the accused yielded positive result for methamphetamine
hydrochloride, a dangerous drug.

Exhibit “O” - Sport Report is being offered to prove the material allegation in the
information. To prove that a Report was made in connection with
the arrest of the accused.

Exhibit “P” - Medical Certificate of the accused is offered to prove the material
allegation in the information. To further prove that a request for
medical examination was conducted on the person of the accused
after his arrest; and

Exhibit “Q” to “Q-2” The brown envelope containing the two heat sealed
Transparent plastic sachet containing white crystalline substance
suspected to be shabu are offered to prove that two plastic sachet were
actually recovered from the possession of the accused and that after the
 examination, the Forensic Chemist placed them inside a brown envelope
and turned-over the pieces of evidence to the Honorable Court.

That would be all, Your Honor.

Vasquez: Okay, so Exhibit “A” to “Q” with sub-markings. Comments?

Mondares: Your Honor, we object to all of the exhibits for being immaterial,
irrelevant and self serving without basis in fact and in law. We
specifically object to the admissibility of Exhibit “Q” to “Q-2” for
being the fruit of the poisonous tree, Your Honor.

Vasquez: Okay. I’ll issue the Order.

At today’s scheduled initial presentation of prosecution’s evidence, PCpl. Yasser

Racmat was called to the witness stand. After direct, cross and without redirect
examination, his testimony was concluded.

Prior to his presentation, the prosecution and defense entered on the following,
as to the proposed testimony of the Forensic Chemist in the person of Gerardo
Felizmenio:
1. That he is the Forensic Chemical Officer that conducted a forensic
examination on the specimen submitted to him on 15 January 2024;
2. That he received a Letter Request for Laboratory Examination together
with two (2) heat sealed transparent plastic sachet containing white
crystalline substance suspected to be shabu bearing the markings “NJC”
with signature and “NJC-1” with signature;
3. That after several test conducted physical, chemical and confirmatory, the
contents of the two heat sealed transparent plastic sachet containing white
crystalline substance suspected to be shabu yielded positive result to the
test for the methamphetamine hydrochloric, a dangerous drug; that she
reduced into writings his findings in a Chemistry Report No. 24-0128; and
4. That prosecution marked the brown envelope of evidence as Exhibit “Q”
and the mark the heat sealed transparent plastic sachet containing white
crystalline substance with marking “NJC” as Exhibit “Q-1” and another
heat sealed transparent plastic sachet containing white crystalline
substance with marking “NJC-1” as Exhibit “Q-2”

The defense counsel counter-stipulated with the prosecution that the witness has
no personal knowledge as to the source of the specimen.

With no other witness to present, the Public Prosecutor proceeded to orally offer
her exhibits offering in evidence Exhibit “A” to “Q”, inclusive of sub-markings.

After comment on the part of the defense, this Court resolves to admit all the
exhibits of the prosecution.
 With the foregoing admission, the prosecution is now deemed to have rested its
case.

Initial reception of defense evidence is set on 06 February 2024 at 1:30 in the

afternoon.

Vasquez: Are there any other matters to consider before we adjourn?

Mondares: None for the accused, Your Honor.

Ancheta: No more, Your Honor.

Vasquez: Okay.
(Gavel)
TRIAL (Defense)

Mones: All rise. The Court is now in session. Honorable Rhodora

Vasquez, Presiding, silence is hereby enjoined.

(Gavel)

Vasquez: Call the case.

Mones: For trial, Criminal Case No. 24200226, People of the Philippines
versus Nescy John Centeno y alias

Vasquez: Appearances?

Ancheta: Good afternoon, Your Honor, for the people, Your Honor.

Mondares: Good afternoon, Your Honor, for the accused, Your Honor, we are
calling to the witness stand, accused Nescy John Centeno y Perez.

Vasquez: Please take the witness stand.

Mones: Do you swear to tell the truth, the whole truth and nothing but the
truth. SO HELP YOU GOD?

Centeno: Yes, I do.

Mones: Please state your name and other personal circumstances.

Pangalan?

Centeno: Nescy John Centeno.

Mones: Age?

Centeno: 35 years old

Mones: Status?

Centeno: Married

Mones: Occupation?

Centeno: Wala po.

Mones: And address?

Centeno: 226 Bagong Diwa St. Brgy. Poblacion, Makati City.

Mones: The name of our witness is Nescy John Centeno y Perez, 35 years
old, married, jobless, and residing at 226 Bagong Diwa St. Brgy.
Poblacion, Makati City

Mondares: Your Honor, we are offering the testimony of the accused, Nescy
John Centeno, to disprove all the material allegations charged in
the Information against her, to belie the testimonies of his arresting
officers and for such other matters relevant to this case, Your
Honor.

Vasquez: Comment?

Ancheta: Subject to cross, Your Honor.

Vasquez: Okay, please proceed.

Mondares: Thank you, Your Honor.

DIRECT EXAMINATION OF THE ACCUSED

Mondares: Mr. Witness, you are being charged before this Honorable Court for
violation of Section 5 of Article II of RA 9165 because you sold one
heat sealed transparent plastic sachet containing shabu to a poseur
buyer whose name is Police Officer Yasser Racmat, what can you
say about this case against you?

Centeno: There is no truth to that, Ma’am.

Mondares: Why do you say that there is no truth in this case against you?

Centeno: Because I am not selling drugs, Ma’am.

Mondares: You said that there is no truth about the charge filed against you,
where were you on January 16, 2024 at around 4:00 in the
afternoon?

Centeno: I am at our pisonet shop, Ma’am.

Mondares: What were you doing in your pisonet shop, Mr. Witness?

Centeno: I was operating our pisonet, Ma’am.

Mondares: Who were with you at that time, Mr. Witness?

Centeno: I was alone while operating our pisonet but my father was there
inside our house, Ma’am.

Mondares: What is the distance between your house and your pisonet?

Centeno: About one meter, Ma’am

Mondares: While you were operating your pisonet, was there an unusual
incident that happened?

Centeno: While I was opening our pisonet and cleaning the computers,
Ma’am, two civilian persons suddenly entered, Ma’am.

Mondares: After two civilian persons entered your shop, what transpired next,
if any?

Centeno: They told me that it was just for verification, Ma’am.

Mondares: Were there people playing with pisonet at that time?

Centeno: None, Ma’am, because I just opened our shop at that time.

Mondares: What was your response to these two civilian persons who said that
it was just for verification?

Centeno: I was shocked, Ma’am.

Mondares: You were shocked. What happened next, if any?

Centeno: They handcuffed me and brought me outside, Ma’am.

Mondares: After they handcuffed and brought you outside, what happened
next, if any?

Centeno: I was just standing outside, Ma’am, and then they brought me to
the Police Station.

Mondares: Okay. What happened after you were brought to the police station,
Mr. Witness?

Centeno: I was told to just stay there by the police officers, Ma’am.

Mondares: Who are those police officers?

Centeno: Police Officer Perez and Rosales, Ma’am,

Mondares: How about PCpl. Racmat, the one who testified against you?

Centeno: I don’t know him, Ma’am, he is not my arresting officer, Ma’am.

Mondares: What is the name of the police officer who actually arrested you?

Centeno: Police Officer Perez and Rosales, Ma’am,

Mondares: What happened at the police station when you were asked to stay
there?

Centeno: They ask me to point to something, Ma’am.

Mondares: Do you know that something, Mr. Witness?

Centeno: I don’t know, Ma’am, but it’s a sachet that contains small white
substance, Ma’am.

Mondares: I am showing to you, Mr. Witness, Exhibit “K” of the prosecution,

what can you say about this?

Centeno: That is the time when I was asked to point to the sachet, Ma’am.

Mondares: After you were ask to point to that sachet, what happened next, if
any?

Centeno: I do not want to do it, Ma’am, so they mauled me.

Mondares: They mauled you. After that what happened?

Centeno: After three days, Ma’am, they subjected me to medical

examination.

Mondares: after that, what transpired next?

Centeno: That’s the time that I learned they already filed a case of shabu
against me, Ma’am, .

Mondares: By the way, Mr. Witness, where did that sachet came from?

Centeno: I don’t know, Ma’am, it was already there when they asked me to
point to it.

Mondares: Do you have anything else to tell to the Court?

Centeno: I’m innocent, Ma’am, and the case against me is baseless.

Mondares: That would be all, Your Honor.

Vasquez: Okay, cross?

Ancheta: Yes, Your Honor.

CROSS EXAM OF ACCUSED BY ANCHETA.

Ancheta: Mr. Witness, you said that you were operating your pisonet in the
place where you were arrested, is that correct?

Centeno: Yes, Ma’am.

Ancheta: Do you have neighbors in your residence?

Centeno: Yes, Ma’am.

Ancheta: Are there any other people walking or passing by the place where
you live?

Centeno: There are people walking there, Ma’am.

Ancheta: About how many people?

Centeno: I was not able to count it, Ma’am.

Ancheta: Approximately how many people were there, 10?

Centeno: Less than 10, Ma’am.

Ancheta: Were you not surprised that it was you who was arrested where
there were less than 10 people in that place?

Centeno: I was surprised, Ma’am.

Ancheta: Did you not tell the police officers that you were only opening your
shop?

Centeno: I told them because I was still cleaning the computers, Ma’am.

Ancheta: That was the first time that you met these police officers who
arrested you?

Centeno: Yes, Ma’am.

Ancheta: You had no quarrel with them before your arrest?

Centeno: None, Ma’am.

Ancheta: Do you know of any reason why they would arrest you on that
date?

Centeno: None, Ma’am.

Ancheta: So Mr. Witness, is it correct to say that you did not file any case
against these officers who arrested you despite your claim that the
charges against you are baseless?

Centeno: No, Ma’am.

Ancheta: No further questions, Your Honor.

Vasquez: Any redirect?

Mondares: Yes, Your Honor.

REDIRECT OF ACCUSED

Mondares: Why don’t you have any plans of filing a case against the police
officers who arrested you?

Centeno: We cannot do anything because I am detained, Ma’am.

Mondares: No further, Your Honor.

Ancheta: no re-cross, Your Honor.

Vasquez: Okay you’re excused. Do you have any other witnesses after him?

Mondares: Yes, Your Honor, we will be presenting the father of the accused in
the next scheduled hearing, Your Honor.

Vasquez: Okay, I’ll issue the Order.

At today’s scheduled initial presentation of defense’s evidence, the accused

himself took the witness stand. He finished his testimony.

Trial will continue on 08 February 2024 at 1:30 in the afternoon.

Witness for the defense (Father)

Mones: Please all rise. The Court is now in session. Honorable Rhodora
Vasquez, Presiding, silence is hereby enjoined.

Vasquez: Let us first pray the ecumenical prayer for the courts.

Almighty God, we stand in Your Holy Presence as our Supreme Judge. We humbly
beseech You to bless and inspire us so that what we think, say and do will be in
accordance with Your will. Enlighten our minds, strengthen our spirit and fill our hearts
with fraternal love, wisdom and understanding, so that we can become effective
channels of truth, justice and peace.In our proceedings today, guide us in the path of
righteousness for the fulfillment of Your greater glory. Amen.

Vasquez: Call the case.

Mones: For trial, Criminal Case No. 24200226, People of the Philippines
versus Nescy John Centeno y alias

Vasquez: Appearances?

Ancheta: Good afternoon, Your Honor, for the people, Your Honor.

Mondares: Good afternoon, Your Honor, for the accused, Your Honor.

Vasquez: Please swear in the witness

Mones: Do you swear to tell the truth, the whole truth and nothing but the
truth. So help you God?

Racmat: Yes, I do.

Mones: Please state your name and other personal circumstances.

Pangalan?

Racmat: Peter Centeno.

Mones: Age?

Racmat: 56 years old

Mones: Status?

Racmat: Married

Mones: Occupation?
Racmat: Wala po.

Mones: And address?

Racmat: 226 Bagong Diwa St. Brgy. Poblacion, Makati City.

Mones: The name of our witness is Peter Centeno y Perez, 56 years

old, married, jobless, and residing at 226 Bagong Diwa St. Brgy.
Poblacion, Makati City

Vasquez: Your witness, Attorney?

Mondares: Your Honor, we are offering the testimony of the witness to

disprove all the material allegations in the Information and such
other matters relevant to this case, Your Honor.

Vasquez: Comment?

Ancheta: Subject to cross, Your Honor.

Vasquez: You may proceed.

Mondares: With your permission, Your Honor.

DIRECT EXAM OF THE FATHER

Mondares: Mr. Witness, how are you related to the accused in this case,
Nescy John Centeno?

Racmat: He is my son, Ma’am.

Mondares: Your son, Mr. Witness, is being charged with violation of RA 91651
as it was alleged that he was caught selling a dangerous drug, what
can you say about the case against your son?

Racmat: It is not true, Ma’am, they are lying.

Mondares: Why do you say that the case or charged against your son is not
true?

Racmat: Because when they arrested my son, my son was just opening our
pisonet shop then two person wearing civilian clothes barged inside
the shop and told my son for verification purposes only, Ma’am.

Mondares: What were you doing, Ms. Witness, when you were – when these
 persons barged into your house?

Racmat: I am inside our house at that time because I cleaning our dishes,
Ma’am.

Mondares: Who was with you inside your house?

Racmat; I am alone, Ma’am.

Mondares: You mentioned a while ago that the persons who barged into your
house mentioned that it was just for verification after that what
happened next, if any?

Racmat: After that, those persons who barged in took my sons Nescy John
Centeno, they handcuffed him and they brought him outside our
house, Ma’am.

Mondares: What happened after that, Mr. Witness?

Racmat: I asked them why they handcuffed my son, Ma’am.

Mondares: What was the response of the police officer, if any?

Racmat: They told us to just cooperate, Ma’am.

Mondares: After that what happened, Mr. Witness?

Racmat: Thereat, I’m pleading to the police officers and asked them
according to you, Sir, it is only for verification purposes and why
you are incarcerating my son.

Mondares: when you asked the police officers why are they incarcerating your
son, what was their response, if any?

Racmat: They did not reply, Sir.

Mondares: Did you asked for the reason why your son is being detained, Mr.
Witness?

Racmat: I asked, Ma’am, and according to them my son is a pusher and I

reply to them, he is not a pusher, Ma’am.

Mondares: What was your reaction when you found out about your son’s
charges?
Racmat: I cried and I told them that he is not selling an illegal drugs because
My son is a good person, he cannot do that, Ma’am.

Mondares: No further, Your Honor.

Vasquez: Fiscal, cross?

Ancheta: With the kind permission of the Honorable Court.

CROSS EXAM OF THE FATHER

Ancheta: Do you know, Mr. Witness, that the accusation of the police who
arrested your son is that he was a seller of an illegal drug, do you
know that?

Racmat: I know, Ma’am, but he is not selling an illegal drug, Ma’am.

Mondares: Sir, will you agree with me that you will do everything for your son
to be absolved in this case, is that correct?

Racmat: Yes, Ma’am, because they are liars and my son is not in
possession of illegal drugs at that time, Ma’am.

Ancheta: No further, Your Honor.

Mondares: No redirect, Your Honor.

Vasquez: Okay. You are excused from the witness stand, Mr. Peter Centeno.

Mondares: No more witnesses for the defense, Your Honor.

Vasquez: Ready to orally offer your exhibits?

Mondares: We are ready, Your Honor.

Vasquez: Okay, please proceed.

ORAL OFFER BY DEFENSE COUNSEL

Mondares: The defense would like to offer in evidence Exhibit “1” the Kontra-
Salaysay of the accused, Nescy John Centeno to prove that the
accused was not selling drugs at the time of his apprehension but
were only invited for verification purposes.

And Exhibit “2” the Judicial Affidavit of Mr. Peter Centeno, it is

being offered to prove the allegations in the information and support
 the testimony of his son.

Vasquez: Comment?

Ancheta: We object to the admissibility of all the exhibits, Your Honor,

for being self-serving and without basis in fact and in law,
Your Honor please.

Vasquez: Will there be rebuttal evidence Fiscal?

Ancheta: No rebuttal, Your Honor, may we just pray that we may be

given a period of thirty days within which to submit our
Memorandum, Your Honor please.

Vasquez: Okay. I’ll issue the Order

At today’s scheduled continuation of the presentation of defense’s evidence, Mr.

Peter Centeno took the witness stand. After direct, cross, redirect and re-cross
examination, his testimony was concluded.

There being no other witness to be presented, the defense counsel proceeded to

orally offer his exhibits consisting of Exhibits “1” and“2”.

After comment on the part of the prosecution, this Court resolves to admit all
exhibits of the defense.

In view of the foregoing, the defense is now considered to have rested its case.

Considering the manifestation of the Public prosecutor that the prosecution is not
presenting rebuttal evidence, both parties are now directed to submit their respective
memorandum within thirty (30) days from today.

Thereafter, this case shall be considered submitted for decision.

(Gavel)

– END –