Version of the Prosecution:

That on December 12, 2011 at around 6:08 oclock in the evening, PO1
JEFREY LAGUA PARAS and PO1 PRELL MARTIN CAYMO, members of PNP, were
presently assigned at Lannig, Solana, Cagayan, Patrol Base, 1 st Maneuver Company,
2nd Regional Public Safety Battalion, to a Checkpoint Operation implementing
OPLAN PACMAN to apprehend fugitives who escaped from prison. While
conducting the checkpoint, they tried to flag down for inspection an approaching
Honda XRM driven by the accused DENNIS DESCALZO. However, the accused
evaded the checkpoint barricades and sped up towards his way. Thereafter, the
officers immediately chased the fleeing subject believing hes one of the escaped
prisoners from Cagayan, Provincial Jail and upon reaching at the boundary of
Nangalisan and Lannig, Solana, the accused had accidentally crashed down due to
the ongoing road construction.
Afterwhich, the arresting officers successfully took hold of him and
immediately conducted a body search for any contraband that he may possess. The
officers saw a Black bag the accused was carrying and asked him to open it and
found a rectangular object wrapped in a newspaper wherein the accused was again
ordered to open the wrapper of the rectangular object. As a result, the officers saw
from his direct possession a one (1) brick form of suspected to be dried marijuana
leaves weighing approximately one (1) kilogram inside his black bag and in addition
they confiscated his one (1) wallet containing two (2) ATM cards and one (1)
Identification Card, one (1) unit of Nokia Cellular Phone and one (1) Motorcycle
Honda XRM. During the search, it was witnessed by Brgy. Kagawad DINDO
CASBALLEDO of Brgy. Nangalisan, Solana, Cagayan and conducted an inventory in
the Barangay.
Version of the Accused:
That in the late afternoon of December 12, 2011, accused DENNIS DESCALZO
y LADDARAN who resides at Palao, Solana, Cagayan decided to go to Tuguegarao
City, Cagayan because in the next day he has a scheduled preliminary examination
at the University of Cagayan Valley, Tuguegarao City where he was presently
enrolled. Considering the distance and it was already late, the accused borrowed a
motorcycle registered in the name of his mother. As he headed to Tuguegarao City,
he passed through the Checkpoint established at Lannig, Solana, Cagayan wherein
there were no uniformed personnel operating. Minutes after he passed through the
checkpoint he stopped on the portion of the National Highway where there was an
on-going road construction and as the accused was at a full stop, a person riding in
a motorcycle bumped the rear portion of the motorcycle where the accused was
thrown off from his motorcycle. The Officers whom he stated were PO1 CAYMO and
PO1 PARAS, they got angry that CAYMO uttered unsavory words, PUTANG INA MO
KA, PAUWI NA NGA KAMI, DIDISGRASYAHIN MO PA KAMI, KULONG KA NGAYON! and
the other boxed the back of the accused which cause him fall into the ground and
thats the time he was frisked. Caymo suddenly open the UBOX of the motorcycle,
that makes the accused asked why they were opening his Ubox and they answered
MARAMI KA PANG ALAM! Thereafter, other backups arrived whom the accused

identified as member of the 2 nd Regional Public Safety Battalion and without any
reason, he was put under arrest and brought to RECOM.
When the accused inquired from the same members the reason of his arrest,
they averred that they confiscated bricked marijuana inside his bag he was carrying
and despite of his strong resistance the team conducted an illegal search on the
accused.