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PRIOR TO BUY-BUST

1. Is it not your procedure Police Officer that only personnel assigned with the Anti-Illegal Drugs Unit are the only authorized personnel
allowed to conduct Anti-Illegal Drugs Operation? (YES as per PNP Manual)
2. Are you assigned to the Anti-Illegal Drugs Unit, Police Officer? (YES)
3. You testified that on August 19, 2019 at around 10pm, the confidential informant reported to Sergeant Serneo regarding an illegal
drug pushing activity, is it not? (YES)
4. And this involved a certain Mr. Talipan, correct? (YES)
5. Do you have proof that indeed this incident transpired? (NO)
6. Was there an incident or spot report about what transpired between Sergeant Serneo and the confidential informant? (NO)
7. Isn’t that when someone comes to your office and reports something particularly the occurrence of a crime, such is recorded in the
police blotter? (YES)
8. And there was no compliance with this? (YES)
9. And such was not submitted to this Honorable Court as evidence to prove your contention, correct? (YES)
10. You are a police officer, correct? (YES)
11. And as a police officer, you were trained to follow procedures and orders? (YES)
12. But in this simple procedure, you failed to do so? (YES)
13. Is it not correct Mr. Witness that you are required to conduct proper and adequate planning and preparation before conducting a
buy-bust operation? (YES)
14. This is to ensure the successful prosecution of cases and the observance of the rights of the accused? (YES)

15. You said you were assigned as POSEUR-BUYER? (YES)


16. While PO2 Nazario and Chief Banayan were assigned as IMMEDIATE BACK-UPS? (YES)
17. And the rest as perimeter security? (YES)

ACTUAL BUY-BUST

1. Would it be safe to assume that you all proceeded to the area of transaction at the same time? (YES)
2. Upon arrival thereat, members of your team prepositioned themselves, right? (YES)
a. Did you know where the other members of your team positioned themselves? (I DON’T KNOW.)
b. Was it not part of your planning/briefing session? (IT IS.)
c. Despite such, you do not know where other members of your team were positioned? (YES)

AFTER BUY-BUST

3. Earlier you made mention that you were tasked as Poseur-buyer and seizing officer? (YES)
4. Did you have a photographer? (YES, PO2 Nazario)
a. Is it not the duty of the Seizing Officer to mark and photograph the seized/recovered evidence in accordance with Sec 21
of RA 9165? (YES)
5. Is it not that the inventory and photographing of the pieces of evidence seized must be done immediately after the discovery/seizure
of confiscated items, am I correct Police Officer? (YES)
6. And that such should be done in the presence of the required witnesses - an elected official and a representative from either the
DOJ or media, correct Mr. Witness? (YES)
a. Who were again your witnesses?

7. As Seizing/ Inventory Officer, isn’t that you are tasked to prepare a list of inventory receipt of confiscation/ seizure, correct? (YES)
8. Were you the one who prepared the inventory Police Officer? (YES)
9. Is it not that according to your procedure, all pieces of drug evidence shall be turned over by the Seizing Officer to the Investigator-
On-Case who shall submit the same to either the PDEA Laboratory Service or PNP Crime Laboratory for examination? (YES)
10. And that this turn-over of evidence must have corresponding receipts to show continuance of chain of custody? (YES)
11. Is it not that the Seizing Officer is also tasked to properly accomplish the Chain of Custody Form and turn it over including the
evidence to the Investigator-On-Case, correct? (YES)
12. And that this should also be prepared at the place of inventory/seizure of the confiscated items correct to establish the start of the
preservation of the chain of custody of the seized items correct?
13. Would you agree with me that it is part of your Standard Operating Procedure that after the inventory and taking of photographs, the
seizing officer shall turn-over the arrested persons and the seized evidence to the investigator who shall issue an acknowledgment
receipt thereof?
14. And again there was no compliance with this procedure, correct Mr. Witness? (NO)
15. There was no acknowledgment receipt on? (YES)
16. Isn’t that the investigator, after the buy-bust, shall prepare the referral of the case to the Prosecutor’s Office for inquest proceedings
for Violation of RA 9165? (YES)
17. And again there was no compliance with this procedure, correct Police Officer? (Surely the PO will say NO)
18. There was no referral in this case made by the investigator correct Police Officer? (YES)
19. Is it not that you are required to coordinate your AID operation with PDEA? (YES)
20. And you did not do so? (YES)
21. To reiterate, and to clarify, was there seizure of illegal drugs? (YES)
22. Was there turn-over of the seized illegal drugs from the seizing officer to the investigator?
23. Was there turn-over of the seized illegal drugs by the investigator to the PDEA Lab Service or PNP Crim Lab?
24. Was there submission of the seized items in the custody of the PDEA Lab Service to the Court?

Nothing further.

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