VERSION OF THE PROSECUTION

(Based on the Joint Affidavit of the Arresting Officers,

as narrated during the interview with the then
Investigator-On-Case PO2 Girome Ruiz
conducted on 20 September 2019)

On 04 November 2016, at about 1:00 p.m., a civilian police asset reported to

PSI Joseph Dela Cruz – OIC of the San Nicolas Police Station – of an alleged
seller of “shabu”, a dangerous drug, with whom the said asset is his trusted and
regular customer. That person is herein accused, then twenty-one (21) year-old
Nelson Abuluyan.

Consequently, a briefing was made for the conduct of a buy-bust operation and
officers PO3 Orlando Marumi Jr., PO1 Bryan Piga, and PO1 Bernardo Palpal
were tasked to conduct the same, with PO1 Palpal as the designated poseur-buyer.

Then at about 2:00 p.m. of even date, the entrapment team went to the planned
place of transaction, somewhere down the road towards a river in Brgy. 4, San
Nicolas. This was followed by the arrival of Abuluyan who rode a motorcycle driven
by the said asset. An introduction was made by the asset between Abuluyan and the
poseur-buyer, PO1 Palpal – with the other members of the entrapment team hiding
discreetly but with a view over the transaction.

Moments later, Abuluyan demanded for the payment to which PO1 Palpal obliged
and handed the former a five-hundred (500) peso marked money. Upon receiving
the same, Abuluyan gave PO1 Palpal a piece of a heat-sealed transparent plastic
sachet containing white crystalline substance. The sale being consummated, PO1
Palpal made the pre-arranged signal of removing his bull cap which prompted the
other members of the team to effect the arrest on Abuluyan.

Barangay officials were thereafter called to witness the body search and the
marking and inventory of confiscated items, to wit: the marked money, a cellphone
and a Tic Tac box containing a foil with alleged “shabu” residues. The corresponding
certificate of receipt/inventory of confiscated items was thereafter signed by the said
officials.

Finally, Abuluyan was brought to the provincial hospital and provincial crime lab
respectively for medical test and drug test. PO1 Palpal, on the other hand,
personally submitted the said plastic sachet and foil, which were marked
accordingly with his initials, for laboratory examination.