FL Agrante Delicto Shabu Via '' Buy-Bust"

Prior to October 20, 2013, the civilian informant of
SF01 Ofiaza had transacted drugs with Nabua but did not
report it to the latter who is his handler (TSN, SPOT Ofiaza,
February 24, 2015, p.22). It was only in the morning of
October 20, 2013 when said informant reported the alleged
illegal drug acti viti es of Nabua a.k.a. "Boyet" which the
former confi ded to the latt er outside of his offi ce. In the
aft ernoon of that fateful day, Nabua had been allegedly
caught in fl a g r a n te d e l i c to selling methamphetamine
hydrochloride or shabu via '` buy-bust" operations conducted by
members of the PNP-Rosario in at Barangay Rabon, Rosario,
La_ Union.
Prior to said arrest, in order to ascertain the veracity of
the informant's report, Police Chief Inspector Orly
Pagaduan (PC1 Pagaduan for brevity) conducted a briefing
through which a 'buy-bust" operation had been hatched and set
wherein SP01 Vargas was designated as the "poseur
b u ye r " a n d P 01 Fe r n a n d ez a n d S P0 1 O fi a za a s t h e b a c k
ups (TSN, SPO1 Ofiaza, February 24, 2015, p.4). For buy-bust"
money, P500.00, particularly fi ve (5) pieces twenty p e s o b i l l
with serial n u m b e rs XBO87542, RE282571,
ND526434„ EC527233, UW009116; and four (4) pieces of
one hundred peso bills with serial numbers DA957022,
DA880462, FDf381192 and BK539242 have been pre-dusted
with ultra violet powder and also recorded in the blotter by
SP1 Ofiaza. After that Inspector Carlos coordinated with the
PDEA. The informant then transac ted with the, subjec t
(Nabua) of the operati on by means of cell phone. SP01
Vargas was informed by the informant that the subject
(Nabua) agreed to sell a P500.00 worth of "shabu" to the
buyer and that they will transact at Brgy. Rabon, Rosario
(TSN, SP01. Vargas, August . 5, 2014, p.5). The team on board
their respecti ve vehicles, parti cularly SPO1 Vargas and the
informant rode in a motorcycle, they proceeded to Ortega's
S to re , R a b o n , L a U n i o n a h e a d o f t h e re st . A ft e r fi ve
m i n u te s , S P O 1 O fi a za a n d P 0 1 Fe r n a n d e z a r r i v e a n d
positi oned themselves inside the store while SPO1 Vargas
and the informant waited for their subject (Nabua) in front.
The informant then received a text message that the subject
(Nabua) was near and they noticed a white Mitsubishi L-300
cab m ade a U- tu rn an d h al te d 20 m eters away from th e
store. Their subject (Naba) alighted from the cab and the
informant told SPO1 Vargas, "That is Boyet". The latt er
proceeded , to the place of the informant and SPO1 Vargas. An
introducti on was made by the informant by saying to
Nabua, "This is the person who will buy the item." (TSN,
SPO1 Vargas, August 9, 2014, p.9; November 11, 2014,
p.19) Aft er - the brief talk, they proceeded inside the store
w i t h e ate r y w h e re t h e t wo b a c k- u p we re d r i n k i n g s o ft
drinks. Once inside, Nabua. asked' SPO1 Vargas "Where is
the money?", the latt er also asked him if he has the item.
Nabua then gave his a small heat-sealed plasti c sachet of
w hi te c r ysta l l i n e s u bsta n c e a l l e ge d to b e "s ha bu " a nd
subsequently, SPO1 Vargas handed the "buy-bust" money to
him and the latt er pocketed the same. Thereaft er, SPO1
Vargas sc ratc hed his nec k to signal his bac k-ups who
i m m e di ate l y r u s h towa rd s N a b u a a n d n a b b e d h i m . P0 1
Fernandez read the arrested person his rights while SPO1
Vargas followed by SPO1 Ofi aza and some other members of
the team, ran towards the vehicle of Nabua. The police
asked Nabua’s companions (Saturnino and Baltazar) to
disembark from the vehicle and therea ft er, frisked them but did
not fi nd anything from their bodies. Nabua was brought
beside the cab where he was searched by SPO1 Vargas and
it yielded another sachet of suspected "shabu" and some
personal belongings like cell phone and identi fi cati on cards
(TSN, SPO1 Vargas, August 5, 2014, p.16). However, SPO1
Ofi aza saw it this way – prior to the search, the barangay
offi cials were summoned as well as representati ve from DOJ
and media but only the local offi cials arrived at the place.
Upon their arrival, SPO1 Vargas conducted a second body
search on Nabua, Saturino and Baltazar. Recovered from
Nabua is the "buy- bust" money and a small plasti c sac het
of suspec ted "shabu" (TSN, SPO1 Ofi aza, Februa ry 24,
2015, p. 12). This is how his fellow bac k-up P01
Ferna ndez saw it also, that is, the searc h was made in
the presenc e of the barangay offi c ials (TSN, PO1
Ferna ndez, Oc tober 7, 2014, p. 14). Like the fi rst searc h,
nothing was recove re d from Nabua's companions. Aft er
the searc h, the inventory was conduc ted by SPO1 Vargas
in the presenc e of two baran gay tanods and the Barangay
Captain of the plac e. SPO1 Vargas marked with his
initi als (RVV- 1) the fi rst heat-sealed sac het sold (small
one) and the one recovered aft er the searc h of the
accused as RV V-2 (possession) (other one) (TSN SPO1
Vargas, August 5, 2014, p.18; November 11, 2014, p.4).
Thereaft er, the rec eipt/inve nto ry of property seized
(rollo, p.15) was signed at the sc ene by the three
bara ngay offi cials and SPO1 Vargas as can be gleaned
from some pic tures taken during the inve nto ry (Exhibits
"C" and "C-1"). Nabua did not sign said doc ument as
appa re nt in the fac e of the same. Nabua and his
companions were then brought to the Rosario Distric t
Hospital for medical examinati on wherein they were
diagnosed "No/normal physical injuries" (rollo, p.8).
Thereaft er, the inve ntoried items were personally
borught by SPO1 Vargas to the Regional Crime Laboratory
Offi ce 1 at Camp Brigaduer General Oscar M. Florendo,
Parrian, City of San Fernan do La Union on Oc tober 20,
2013 2300H (11 o'cloc k in the evening) and rec eived by
PSI Manuel (rollo, p.6). The latt er conduc ted the
laboratory examin ati on whic h confi rmed the presenc e of
methamphetamine hydroc hloride or shabu on the
following specimen submitt ed as follows:
A - Two (2) heat-sealed transparent plasti c sac hets

containing white c rytalline substanc e with the following
markings and record ed net weights:
A1 - RVV-1 10-20-13 sold = 0.0289 gramm
A2 - RVV-2 10-20-13 possession = 0.2350 gram
xxx
FINDINGS:
Qualitati ve examinati on conduc ted on the above- stated

speciamens gave POSTIVE result to the test for the
presence of Metamphetamine hyd roc hloride, a
dangerous drug.
xxx
During the hearing conduc ted on September 2, 2014,

the fore going spec imen, together with the other seized
items were broug ht to court by PSI Manuel and the same
were the subjec t of sti pulati ons by the parti es. On
November 1 2014 said spec imen and items were for
identi fi cati on by SP01 Vargas and he stated in open court
that they are the same items seized from Nabua aft er
verifying marking he plac ed thereon . SPO2 Cera clarifi ed
during his c ross-examin ati on when the defense counsel
confro nte d him with the c hain of c ustody form (Exhibit
"5"), that the confi scated items were not turned over to
investi gator, Offi c er Benjamin Lac hica (Offi c e Lac hihca
for brevity), but remaine d with him as Lac hica, merely
see or investi gated the items but he (SPO1 Vargas,
November 11, 2014). He further c larifi ed this during his
re- direct examinati o n that the evidenc e was with him
and he did not physically turn it over to offi c er Lac hica
but merely it to him. He asserted that while the
investi gator was pre paring doc uments he (SPO1 Vargas)
never left the premises and he was there the whole ti me.
He further c laimed that the evidenc e was never taken
out of the stati on and it was only when the same was
broug ht to the c rime laborato ry that the same was
broug ht. He wound up saying that the evidenc e was
always in his possession that ti me (TSN SPO1 Vargas,
November 11, 2014, pp. 21-22).
Defe nse's Evidenc e

On the other hand, the defense presented the lone
testi mony of the ac c used, Nabua . His counsel formally
off ere d his doc umentary evidenc e as follows: (1)
Certi fi cati on dated Oc tober 20, 2014 (Exhibit "1"); (2)
Certi fi cati on dated June 28, 2015 (Exhibit "2); (3)-(4)
Inve nto ry (Exhibits "4" and series "5" and series): and
(5) Chain of Custody (Exhibits "6" and series)
Nabua testi fi ed that prior to the date of the incident,
h e w a s a p p o i n t e d a s t ra ffi c e n fo rc e r b y t h e b a ra n g a y
captain in San Fabian, Pangasinan. He knew Saturnino and
Baltazar for a long ti me as their residence is just at the
other street from his. The two are into pigeon raising and
have their own vehicle. On October 20, 2013, he reported to
wor k at 8 o 'c loc k i n t he mor ni ng up to 5 o 'c loc k i n t he
aft ernoon. Aft er his work, the two invited him to go to
Rabon, Rosario to buy pigeon. Their van was driven by
Saturnino while he and Baltazar a.k.a "Boyet ” were the
pa s s e nge rs . W h e n t h ey a r r i ve d at R a b o n , Ro s a r i o t h ey
parked at the western side of the highway and he was told
to ask somebody selling pigeon at the store some twenty
meters away. He then obliged by approac hing a man in
civilian atti re if he is selling pigeon. The man answered in
the affi rmative and also asked him if he is "Boyet”. Nabua in
turn, answered in the negative and added that "Boyet is in
the van. Then said man, who turned out to be SP01 Vargas,
suddenly poked a gun at him and then two men went to
their van. He raised his hand and SPO1 Vargas frisked him
bo di l y bu t h e d i d n o t get a ny t h i n g f ro m h i m so h e wa s
directed to go Lo the van. When he was there, SP01 Vargas
asked the names of his companions and be told him about
" B o y e t ”. T h e n t h e p o l i c e b a r a n g a y o ffi c i a l s o f t h e
place who arrived aft er ten (10) minutes. The police then
got a table and chairs and in the presence of said offi cials
and some residents of the place, took pictures of Nabua and
his companions in front of the table, that is, aft er SPO1
Va rga s p l a c e d a d r u g a n d m o n e y ato p t h e ta b l e ( T S N ,
Nabua, June 30, 2015, pp.8-9). SP01 Vargas also told the
local offi cials that the drugs came from them so Nabua
denied the same. Aft er the conduct of the inventory, the
three of them were handcuffed and boarded on a patrol car.
Nabua observed that SPO1 picked up the items from the
table and placed the same on his pocket. When they reach
t h e p o l i c e stati o n , t h e y we re d e ta i n e d t h e re a n d we re
charged in court but the case against his companions was
dismissed. He vehemently denied selling or possessing
drugs as claimed by SPO1 Vargas. He alleged that it was
SPO1 Vargas who prepared the inventory which was signed by
the barangay offi cials of the place. During his cross
examinati on, he admitt ed that he does not know of any
reason why he and his companions were the police to be
selling 'shabu'. He also admitt ed that the inventory was
c o n d u c t e d i n t h e p re s e n c e o f t h e b a ra n gay o ffi c i a l s
summoned by the police. In fact; he asserted that the said
offi cials watched the police plant evidence (TSN, Nab
TSN, Nabua, June 30, 2015, p.14). He also admitted that it was
his first time to join Saturnino and Baltazar in their pigeon
related activity (TSN, Nabua, June 30, p. 16)

FL Agrante Delicto Shabu Via '' Buy-Bust"

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FL Agrante Delicto Shabu Via '' Buy-Bust"

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Prior to October 20, 2013, the civilian informant of

A - Two (2) heat-sealed transparent plasti c sac hets

Qualitati ve examinati on conduc ted on the above- stated

During the hearing conduc ted on September 2, 2014,

Defe nse's Evidenc e

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