Facts:
Y (Arresting Officer) got information from Z (the asset) that X (seller
of shabu) is engaging in unlawful sale of drugs.
Y immediately conveyed this information to his Head (Chief Head).
The head came up with a team and a poseur buyer.
Z communicated to X that Y will obtain from him, a shabu. That on
January 19, 2016 9:00 AM in the morning at Rawis Legazpi City,
they (X&Y) will do the transaction while X is selling pancakes in his
stall.
Z (Asset) confirmed this with Y. The latter already prepared the
marked money amounting to Php 200.
The team coordinated with the PDEA.
Then the transaction between X and Y occurred.
X gave the drugs and in return Y furnished the marked money. At the
same time, Y raised his right hand giving signal to the arresting
officers who were lurking and waiting for this sign to arrest X.
Then X threw the money at that very moment when the arresting
officers appeared in front of him to apprehend him.
When X was arrested he was brought to the nearest police station
Legazpi City Police Station.
Upon his arrest, he was told about his constitutional rights.
The authorities there made the inventory. What the officers got from
X: a) license and b) wallet.
Then and there, the authorities prepared pertinent documents which X
needed to sign and equip his finger print.
Investigation Report
Referral Letter to the Fiscal
Affidavit of Arrest
Affidavit of Undertaking by the Investigator
Spot Report
Inventory Receipt
Coordination report to PDEA
_____________________________________________________________
2
ALDUB YU,
Accused,
x------------------------------------------x
INFORMATION
The undersigned Associate Prosecution Attorney II accuses Aldub Yu
of the crime of illegal sale of shabu under Section 5, Article II of Republic
Act (RA) No. 9165 or the Comprehensive Dangerous Drugs Act of 2002,
committed as follows:
That on or about the 19th day of January 2016 at
around nine in the morning, in the City of Legazpi,
Philippines, a place within the jurisdiction of the Honorable
Court, the aforementioned accused, without being authorized
by law, did then and there willfully, unlawfully and
feloniously sell, distribute and transport, weighing zero point
zero five (0.05) gram of Methyl amphetamine Hydrochloride
(Shabu), which is a dangerous drug, in violation of the abovecited law.
CONTRARY TO LAW.
Legazpi City, Philippines, January 20, 2016.
Atty. DORAEMON WOO
Asst. City Prosecutor
Approved:
Atty. AILEEN MARIKIT
City Prosecutor
CERTIFICATION AS TO CONDUCT OF INQUEST
I hereby certify that the accused was lawfully arrested without a warrant
and that, upon being informed of his rights, refused to waive the provisions
of Article 125 of the Revised Penal Code and for this reason, an Inquest was
conducted; that based on the complaint and the evidence presented before
me without any countervailing evidence submitted by the accused, despite
opportunity to do so, there is reasonable ground to believe that the accused
has committed the crime of illegal sale of prohibited drugs and should, thus,
be held for said crime; that this Information was with the prior authority of
the City Prosecutor.
(RESOLUTION)
REFERENCE/AUTHORITY
1. Police Blotter Entry No. 1431
2. R.A. 9165 otherwise known as Comprehensive Dangerous
Drug Act of 2002
3. Standard Operating Procedure
II.
MATTERS INVESTIGATED
1. To determine the circumstances surrounding the confiscation of
drugs and non-drug items by the elements of Legazpi City
Police Officers at the possession and control of a certain Aldub
Yu, 35 years old, Married resident of Rawis Legazpi City
during the buy-bust operation at about 9:00 in the morning of
January 19, 2016 at Rawis Legazpi City, near the Aquinas
University campus.
2. To file the appropriate case for violation of Special Law the
R.A. 9165 otherwise known as Comprehensive Dangerous
Drug Act of 2002
III.
and PO2 Cardo Probins as the arresting officer. PCO Abner Mal
briefed the team emphasizing the role of every member and
reminded everyone to observe Rights of Individuals. He then
informed the Team on the pre-arranged signal to be executed by
the poseur buyer once the sale of illegal drugs has been
consummated.
4. The CI who was also a resident of Rawis Legazpi City has
arranged a drug transaction for the poseur buyer.
5. The buy-bust money dusted with ultra-violet powder by the
PNP Crime Laboratory with Serial No. 012516 was prepared
and placed inside a white envelope, handed to PO1 Paloma
Coco by Police Chief Officer ABNER MAL and had it
photocopied. The Serial No. of the bill was entered into the PreOperational Report and Police Blotter.
6. A Pre-Operational Report and Authority to Operate signed by
Police Chief Officer ABNER MAL was accomplished and
coordinated to the Operations Division, PDEA ROV. Other
prior reports on illegal drugs activities have been submitted.
7. Under PDEA Coordination Form Control No. 54321 dated
January 18, 2016, joint elements of Legazpi City Police Station
led by PCO Abner Mal and PDEA Albay provincial Office led
by Agent Denz Villa conducted the buy bust operation on
January 19, 2016.
8. In the sworn statement of PO1 Paloma Coco as poseur buyer,
he pretended to buy pancakes in the stall of Aldub Yu and said
the secret code I will buy the special pancake , which is
alleged to be the phrased used by the customers to refer to a
0.05 gram of methamphetamine hydrochloride, commonly
known as shabu. Aldub Yu, after the former handed over the
marked money, the latter gave him a small plastic sachet
containing white crystalline substance believed to be shabu.
9. After careful but quick examination of the plastic sachet, PO1
Paloma Coco raised his right hand to give signal (the prearranged signal) for the apprehending team to arrest ALDUB
YU. When ALDUB YU was about to keep the buy-bust money,
PO2 CARDO PROBINS rushed to the accused and executed
the arrest, uttered Kami ay mga pulis, yaaresto ka namu sa
paglabag nin RA 9165. Ikaw ay igwang karapatang
magsawalang kibo asin magkaigwa nin sarong abogado na
imong pinili, pero kung dai mo kayang magkua nin sarong
abogado, bibigyan ka namu nin sarong abogado. (We are
Police Officers. We are arresting you for violation of RA 9165.
You are hereby informed that you have the right to remain silent
and to have a competent and independent counsel of your own
choice, and if you cannot afford the services of a counsel you
will be provided with one.). ALDUB YU threw the money at
that very moment when the arresting officers appeared in front
of him to apprehend him. The team instantaneously restrained
ALDUB YU who was then resisting the arrest.
10.PO2 Bina Nognog, the seizing officer, immediately confiscated
and took initial custody of the drugs.
11.PO2 CARDO PROBINS conducted search incidental to a
lawful arrest on the suspect .PO2 CARDO PROBINS recovered
from ALDUB YU a wallet and his drivers license.
12.At the place of incident and in the presence of the accused
himself and the witnesses - two (2) Brgy. Officials, DOJ-NPS
representative and Media Representative - PO2 Bina Nognog
marked the small plastic sachet containing white crystalline
substance obtained from ALDUB YU with DT-1 1/19/16.
Physical inventory and documentation of the items recovered
was conducted by PO2 Bina Nognog. Photographs were taken
by PO2 KOLAI POLES as photographer.
13.PO2 Cardo Probins and PO2 Bina Nognog turned-over ALDUB
YU to the Investigator-on-case - PO3 Duter Ty, as well as the
seized items or evidences, who issued an acknowledgment
receipt.
14.PO3 Duter Ty submitted the seized illegal drug to the PNP
Crime Laboratory for examination and analysis at 11:30 AM on
January 19, 2016.
15. The accused was brought to the PNP Crime Laboratory to get
tested for the presence of Bright Yellow Ultraviolet Flourescent
powder on his palm, which would indicate that he has indeed
received the two hundred peso bill marked money.
16.As per Chemistry Report No. 09876 dated Jan. 19, 2016 issued
at 1:00 in the afternoon by PNP Crime Laboratory Office, the
plastic sachet containing white crystalline substance yielded
positive result for the presence of Methamphetamine
Hydrochloride otherwise known as shabu.
IV.
FINDINGS/DISCUSSION
V.
CONCLUSION
RECOMMENDATION
20. After scrutinizing all the facts and evidence at hand, this office
respectfully recommends that a case for violation of Art. II, Sec.5 of RA
9165 be filed against Aldub Yu, a resident of Rawis, Legazpi City and
should stand for trial.
Prepared by:
PO3 Duter Ty
Investigator-on-Case
Concur
NOGNOG C. BINAY
Police Chief Officer
QUANTITY
0.05 grams
DESCRIPTION
shabu, marked as DT-1 1/19/16
Request furnish this Office a copy of resolution thereof for our ready
reference and please acknowledge receipt.
Very truly yours,
PO4 Abner Mel
Police Chief Officer
Sir/Madam:
Greetings!
May we request your good office that immediate proceedings be
conducted against the suspect for the crime as charge, who has been lawfully
arrested and now temporarily detained at this station.
Hoping that this will merit your most preferential attention, in the
interest of JUSTICE.
Very Truly Yours,
(signed)
Abner Mel
Police Chief Inspector
FROM
SUBJECT
Spot Report
DATE
1.
2.
PO1 Paloma Coco who acted as poseur buyer and with a two
hundred peso bill (Php 200) bearing Serial No. 012516
approached ALDUB YU (suspect) and pretended to buy
pancakes and said the secret code I will buy the special
pancake, which is alleged to be the phrased used by the
customers to refer to a 0.05 gram of methamphetamine
hydrochloride, commonly known as shabu. As PO1 Coco
handed the marked two hundred peso bill to ALDUB YU, he
latter in turn handed to him a small plastic sachet containing
white crystalline substance believed to be shabu. After that
instance, the poseur-buyer executed the pre-arranged signal and
the buy-bust team and the members PDEA rushed to the scene
and executed the arrest of ALDUB YU. In view of the arrest,
the following items were recovered:
a.)
Marked Money (two hundred peso bill bearing Serial No.
012516)
b.) 0.05 grams of shabu sealed in an iced candy wrapper
c.)
Wallet and drivers license of ALDUB Yu
ALDUB YU was immediately apprised of his constitutional
rights using the dialect and made sure he understood them. The
actual physical inventory, markings and taking of photographs
were conducted at the place of the incident in Rawis, Legazpi
City and witnessed by the suspect himself in the presence of
Brgy. Chairman Grace Pot, and Ms. Miriam Talino City
Prosecutors Office and Ms. Leni Dilaw of News Sari-Sari. The
After scrutinizing all the facts and evidence at hand, this office
respectfully recommends that a case for violation of Art. II,
Sec.5 of RA 9165 be filed against Aldub Yu, a resident of
Rawis, Legazpi City and should stand for trial.
4.
QUANTITY
0.05 grams
1
1
1
DESCRIPTION
shabu, marked as DT-1 1/19/16
200 peso bill, Serial No. 012516
Wallet
Drivers License
A copy of hereof was furnished to Ms. Miriam Talino, Grace Pot, Leni
Dilaw who were present during the inventory of the above described
property/items/ articles.
3. Leni
(Signature over printed name)
Address:
Rawis, Legazpi City
Vel-amor Subd.
Daraga, Albay
Time/Date:
9:30 AM, 01/19/16
CONFIDENTIAL
Area of Operation:
Target/s:
Aldub Yu
Control Number:
0987654
Type or Operation:
BUY BUST
SHOWY TIMY
Duty TOC