INFORMATION

The undersigned Prosecutor I accuses JOJO DUMALIANG Y ACOSTA of VIOLATION of SUBPARAGRAPH

(7), PARAGRAPH, SECTI 11, ARTICLE II of REPIUBLIC ACT NO. 9165 otherwise known the
“Comprehensive dangerous Drug Act of 2002”, as amended, committed as follows:

That on about the 3rd day of August 2018, in the municipality of Delfin Albano, province of
Isabela , Philippines, and within the jurisdiction of this Honorable Court, the said accused, did then and
there, wilfully, unlawfully and feloniously, have in his possession and under the his control and custody a
prohibited drug, particularly dried marijuana leaves and fruiting tops, contained inside one (1) white
plastic bag wrapped with scotch tape, with a net weight of 535.9 grams, more or less, without any
authority of law .

CONTRARY TO LAW.
 JOINT INQUEST RESOLUTION
The present inquest proceedings were initiated against respondent Jojo Dumaliang y Acosta by
the PDEA Regional office II and the PNP-Delfin Albano, Isabela Police Station for alleged violations of
Republic Act No. 9165, otherwise known as the “Comprehensive Dangerous Act of 2002”. As amended
republic Act No. 10591, otherwise known as the “Comprehensive Firearms and Ammunition Regulations
Act”, and Republic Act No. 9561.

In the Joint Affidavit executed by Po1 Avelino Bangayan, Io1 Romel V. Carlos, Po1 Jeric S.
Curibang and Po2 Valery A. Magday, it appears that in the early morning of August 3, 2018, joint
personal from the CIDG Isabela Provincial Field Unit, PNP-Delfin Albano, Isabela, Provincial Intelligence
Branch-Isabela PPO and Regional Mobile Force Batallion 2 held a briefing regarding the implement of
Search Warrant No. 2018-22-87 issued by the Hon. Felipe Jesus Torio Ii of the Regional Mobile Trial
Court-Branch 22 at Cabagan , Isabela. During said briefing, Po1 Curibang was assigned as the searcher /
recorder, PO2 Magday was tasked as the arresting officer and the other members of the searching team
would provide perimeter security. Meanwhile, a report was also received that herein respondent was in
possession of dried Marijuana leaves thereby prompting OSI Ericson Aniag to request for PDEA
personnel to assist the searching team in case of possible presence of prohibited drugs inside the house
of respondent Dumaliang. After the briefing, the searching team proceeded to the house of herein
respondent at Caloocan, Delfin Albano, Isabela and upon arrival at the area, coordination was made
with barangay officials concerning the implementation of the aforesaid search warrant. When the
searching team proceeded to the residence of respondent Dumaliang, he was informed of the said
search warrant and the contents thereof were made explained to him. Thereafter, the search of the
hose of said respondent was conducted in his presence as witnessed by barangay kagawads Fred J.
Bagain Jr. And Joy A. Curameng. As a result of the search, PO1 Curibang was able to recover three (3)
live ammunition for calibre 5.56 one (1) unit cal. 45 pistol 1911-A1 Springfield Armory II. USA with serial
no. 295736, two (2) pieces cal. 45 magazine, thirteen (13) pcs. live ammunition for cal. 45 and one (1)
inside holster for cal.45. Furthermore, one (1) unit grenade “Atis Type”, and one (1) pack suspected
dried marijuana leaves were also discover in plain view in the course of the implementation of the
aforecited search warrant. When respondent Dumaliang was asked for his authority to possess the
abovementioned items, he failed to present any documents for that purpose. As a result, said
respondent was placed under arrest and informed of his constitutional rights. The markings and
inventory of the seized item were then immediately conducted in the presence of herein respondent
with the aforesaid barangay officials and DOJ representative Tomas A. Baquiran as witnesses. After the
conduct of laboratory examinations over the pack of suspected marijuana seized from respondent
Dumaliang, it was discovered that the same indeed contained marijuana, a prohibited drug. Likewise, it
was determined that said respondent was not licensed/registered firearm hold and that the grenade
seized from him was in serviceable status with complete parts and the capability to explode/detonate
upon removal of safety pin.

After a careful evaluation of the evidence on record, the undersigned respectfully submits the
herein respondent was lawfully arrested without a warrant of arrest pursuant to Section 5, Rule 113 of
the Revised Rules of Criminal Procedure and the above-captioned cases are proper for inquest
proceedings. During said proceedings, respondent Dumaliang was duly assisted by Atty. Nicanor G.
Garcia and upon conferring with his lawyer and being informed of his rights, herein respondent did not
request for a preliminary investigation of his case. Moreover, the evidence on recorded sufficiently
establishes the existence of probable cause for filing an Information charging herein respondent Jojo
Dumaliang y Acosta with offense of violation of R.A No. 10591 considering that he was found in flagrante
delicto of committing the offense of illegal and authorized possession of firearm and ammunition,
specifically one (1) cal. 45 pistol ammunition therefore as well as three (3) rounds cal 5.56 ammunition.
Moreover, probable cause has also been established for filling of information against herein respondent
for a violation of R.A No. 9561 for his possession, without any authority of law, of one (1) hand grenade
found and seized in plain view. Finally, a third Information charging respondent Dumaliang should
likewise be filed for his violation of R.A No. 9165, as amended, for unlawful possession of marijuana, a
prohibited drug, the same also having been found and seized in plain view from herein respondent.

WHEREOFE, premises duly considered, the undersigned inquest prosecutor most respectfully
recommends the filling three (3) separate Information’s charging herein respondent Jojo Dumalian y
Acosta with Violation of Section 11 of R.A No. 9165, respectively.

SO RESOLVED.