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Republic of the Philippines

REGIONAL TRIAL COURT


FOURTH JUDICIAL REGION
Branch 75
San Mateo, Rizal

PEOPLE OF THE PHILIPPINES,


Plaintiff, CRIMINAL CASE NO. 20235-20238
For: SALE/POSSESSION OF
DANGEROUS DRUGS
-versus-

ERIC ODRUNIA y PEREZ


ARNOLD FELICIANO y PEREZ
JOHN PAUL ABUCOT,
Accused.
x---------------------------------------x

DECISION
Accused Eric Odrunia y Perez, John Paul Abucot and Arnold Feliciano y
Perez are being charged with violation of Section 5, 1 st paragraph in relation
to Section 26(b) Article II of Republic Act 9165 (Sale of Dangerous Drugs)
under Criminal Case No. 20235, and violation of Section 11, 2 nd paragraph,
No. 3, Article II of Republic Act 9165 (Possession of Dangerous Drugs) under
Criminal Case No. 20236, Criminal Case No. 20237, and Criminal Case No.
20238, respectively, in the Informations that read:

Criminal Case No. 20235


(Sale of Dangerous Drugs)

“That, on or about the 17th day of April 2018, in the Municipality of


San Mateo, Province of Rizal, Philippines and within the jurisdiction of this
Honorable Court, the above-named accused, conspiring and confederating
together and all of them mutually helping and aiding one another, without
being authorized by law, did then and there willfully, unlawfully and
knowingly sell, deliver or give away to PO2 JERICHO F. ARELLANO,a poseur
buyer, 0.08 gram of white crystalline substance,contained in one (1) heat
sealed transparent plastic sachet marked as “BB”, in consideration of
Php500.00, which substance, after the corresponding laboratory
examination conducted thereon by PNP Rizal Provincial Crime Laboratory
Office was found positive to the tests for Methamphetamine Hydrochloride,
also known as “shabu”, a dangerous drug, in violation of the above-cited
law. (sic)

CONTRARY TO LAW.”
2
Crim. Case Nos. 20235-20238
People vs. Odrunia, Feliciano & Abucot
For: Violations of R.A. 9165: Sale/Possession
DECISION
x ---------------------------------------------------------------------------- x

Criminal Case No. 20236


(Possession of Dangerous Drugs)

“That, on or about the 17th day of April 2018, in the Municipality of


San Mateo, Province of Rizal, Philippines and within the jurisdiction of this
Honorable Court, the above-named accused, without having been
authorized by law to possess any dangerous drug did, then and there
willfully, unlawfully and knowingly possess and have in his custody and
control 0.20 gram, 0.15 gram and 0.20 gram gram, all with a total weight
of 0.55 gram of white crystalline substances contained in three (3) heat-
sealed transparent plastic sachets marked as “JFA1”, “JFA2”, and “JFA31”
respectively, which substances, after the corresponding laboratory
examination conducted thereon by the PNP Rizal Provincial Crime
Laboratory Office were found positive to the tests for Methamphetamine
Hydrochloride, also known as “shabu”, a dangerous drug, in violation of
the above-cited law. (sic)

CONTRARY TO LAW.”

Criminal Case No. 20237


(Possession of Dangerous Drugs)

“That, on or about the 17th day of April 2018, in the Municipality of


San Mateo, Province of Rizal, Philippines and within the jurisdiction of this
Honorable Court, the above-named accused, without having been
authorized by law to possess any dangerous drug did, then and there
willfully, unlawfully and knowingly possess and have in his custody and
control 0.12 gram of white crystalline substance contained in one (1) heat-
sealed transparent plastic sachet marked as “JFA5”, which substance, after
the corresponding laboratory examination conducted thereon by the PNP
Rizal Provincial Crime Laboratory Office were found positive to the tests for
Methamphetamine Hydrochloride, also known as “shabu”, a dangerous
drug, in violation of the above-cited law. (sic)

CONTRARY TO LAW.”

Criminal Case No. 20238


(Possession of Dangerous Drugs)

“That, on or about the 17th day of April 2018, in the Municipality of


San Mateo, Province of Rizal, Philippines and within the jurisdiction of this
Honorable Court, the above-named accused, without having been
authorized by law to possess any dangerous drug did, then and there
willfully, unlawfully and knowingly possess and have in his custody and
control 0.17 gram of white crystalline substance contained in one (1) heat-
sealed transparent plastic sachets marked as “JFA4”, which substance,
after the corresponding laboratory examination conducted thereon by the
PNP Rizal Provincial Crime Laboratory Office were found positive to the
3
Crim. Case Nos. 20235-20238
People vs. Odrunia, Feliciano & Abucot
For: Violations of R.A. 9165: Sale/Possession
DECISION
x ---------------------------------------------------------------------------- x

tests for Methamphetamine Hydrochloride, also known as “shabu”, a


dangerous drug, in violation of the above-cited law. (sic)

CONTRARY TO LAW.”

When arraigned on July 20, 2018, accused Eric Odrunia y Perez, John
Paul Abucot and Arnold Feliciano y Perez, having voluntarily waived the
reading of the Information/s with full comprehension of the
consequences thereof and that they understood the nature of the
charges against them as alleged in the Information/s, as the same was
read and explained to them earlier by the Court and their counsel, Atty.
Lalaine M. Urbino of the Public Attorney’s Office for the accused Eric
Odrunia and Arnold Feliciano, and Atty. Allan D. Mijares for the accused
John Paul Abucot, in a language or dialect known and understood by
them, pleaded not guilty to the charge filed against them. (p. 52, Record)

Immediately thereafter, Pre-Trial Conference was held where the


prosecution marked the following documentary exhibits:

Exhibit “A” - Coordination Form;


Exhibit “A-1” - Pre-Operation Report;
Exhibit “A-2” - Certificate of Coordination;
Exhibit “A-3” - Blotter related to the incident;
Exhibit “B” - Affidavit of Arrest;
Exhibit “C” - Receipt and Inventory of Property Seized;
Exhibit “C-1” - Page 2 of the Receipt and Inventory of
Property Seized;
Exhibit “D” - Pictures of the recovered Evidence;
Exhibit “E” to - Picture showing the conduct of inventory;
“E-1”
Exhibit “F” - Verification;
Exhibit “G” - Chain of Custody;
Exhibit “H” - Request for Laboratory Examination;
Exhibit “H-1” - Drug Test Examination;
Exhibit “I” - Initial Laboratory Report.

Furthermore, the prosecution reserved its right to present the buy


bust money as well as the subject specimen and Final Laboratory Report of
this case during the course of the trial.

Both counsel for the defense has no documentary exhibits but


reserved its right to present the same during the course of the trial. (pp.
53, Record)
4
Crim. Case Nos. 20235-20238
People vs. Odrunia, Feliciano & Abucot
For: Violations of R.A. 9165: Sale/Possession
DECISION
x ---------------------------------------------------------------------------- x

The Case for the Prosecution

To prove its case, the prosecution presented PO2 Jericho Arellano as


witness.

PO2 JERICHO ARELLANO - 38 years old, married, and police officer


assigned at E.O.D. Bomb Squad, Taytay, Rizal, testified that:

“On April 17, 2018 at about 2:00 o’clock in the morning


they were at the police station when their informant called the
station and reported an illegal activity, that allegedly Alias Eric
was rampantly selling illegal drugs; upon receipt of that
information, they coordinated with their team leader and their
Chief of Police; they were tasked to conduct a buy-bust
operation against Alias Eric; they coordinated with the PDEA;
they directed their informant to monitor the subject; in the said
operation he was with their Team Leader SPO1 Giwao, PO3
Aliwalas and three (3) Intel Operatives Adona and Cruz, and
another police officer whom he cannot recall anymore; he was
designated as the poseur buyer; together with their asset they
proceeded to the area at Barangay Silangan; he and their asset
alighted while their companions just stood by; they entered the
place of their subject; the distance between where the place of
his companions stayed and his target place is ten (10) meters;
his companion knocked and a male person peeped and
according to his asset that he is their target, Alias Eric; Alias Eric
asked how much they are going to buy which they answered
Five Hundred Pesos (P500.00); at the same time two (2) male
persons went out of the room and they just learned at the
station that one (1) of the two (2) male persons is the brother of
their target, Alias Eric; the name of the brother of Alias Eric is
Alias Arnold; the other person that he saw is Alias Jepoy; when
these two (2) male persons went out, Alias Eric directed them to
act as look out; they were just standing by the door; after buying
he and his asset left, he left first; he was able to buy from Alias
Eric, Five Hundred Pesos (P500.00), the buy bust money; he kept
the buy-bust money in his right pocket; he wasn’t able to mark
that buy-bust money before handling that over to Alias Eric; he
is sure that the buy-bust money is the same buy-bust money
that he will be recovering by the serial number; he took
photograph of the buy-bust money after the operation, but he
can recognize the buy-bust money if he sees it; he gave the pre-
arranged signal to his companion by removing his jacket and
5
Crim. Case Nos. 20235-20238
People vs. Odrunia, Feliciano & Abucot
For: Violations of R.A. 9165: Sale/Possession
DECISION
x ---------------------------------------------------------------------------- x

place it on his shoulder; after introducing themselves as police


officers, he held Alias Eric and the two(2) other male persons
were held by his companion Aliwalas; he conducted a body
search to the three (3) arrested persons; from Alias Eric from
what he remembered he recovered three (3) items and the buy-
bust money from his right pocket; from Alias Arnold he has one
(1) item from his right pocket and from Alias Jepoy he has one
(1) item from his jacket; the item from Alias Eric were placed
inside his right pocket; the three (3) items from Alias Eric, he
placed it in a sealed transparent plastic; the items he recovered
from the other two(2) persons, he also placed it in the same
plastic after the markings; he marked the buy-bust money first
with JFA; he marked the buy-bust money after the recovery; the
items he bought was marked with BB; he marked the item he
recovered from Eric JFA1, JFA2, JFA3, JFA4, and JFA5; the item
he recovered from the other two(2) persons with respect to Alias
Arnold was marked JFA4; the items that he recovered from Alias
Jepy was marked JFA5; he recalled executing his Affidavit; he
affirms ad confirms the truthfulness of the contents of his
affidavit; thir Team Leader coordinated with the PDEA; the
Barangay Captain Adora of Barangay Silangan was present at
that time that he marked the evidence; PO2 Aliwalas and three
(3) Intel operatives, PO3 Adona, PO1 Cruz and the police officer
whom he cannot recall the name, and their Team Leader, SPO1
Giwao, were there; he really couldn’t recall the name of the
other police officer; SPO1 Giwao called the Barangay Captain;
‘wala po kaming…’ pertaining to media representative or DOJ
representative; ‘nagpaano po kami sa istasyon na magpatawag
ng Barangay Official po’; their team leader SPO1 Giwao,
tumawag po sa aming istasyon; he used their Team Leader
SPO1 Giwao’s phone; their Team Leader tried to contact a DOJ
Representative but nobody arrived; the marking and inventory
was conducted at the house of their target; he was able to
prepare a document of inventory; their Team Leader was able to
photograph the items recovered; he was present at the time
that the picture was taken; SPO1 Giwao took photographs
during the conduct of inventory; after the markings and the
inventory, he showed the specimen to their investigator; he was
the one who kept the evidence; after the investigator prepared
the necessary document, he brought the evidence to the PNP
Crime Laboratory for examination; ‘siya ang nakapangalan don
sa pinasa niya’ (proof that he was the one who delivered the
items to the Crime Lab); he was able to prepared a Chain of
6
Crim. Case Nos. 20235-20238
People vs. Odrunia, Feliciano & Abucot
For: Violations of R.A. 9165: Sale/Possession
DECISION
x ---------------------------------------------------------------------------- x

Custody Form; the result of the examination was positive;


specimens marked as JFA1, JFA2 and JFA3 were the ones that he
recovered from the possession of Alias Eric; the item recovered
from Alias Jepoy was JFA5; the one recovered from Alias Arnold
was JFA4; that plastic bag ‘nung tinurn over niya kasama po
don’; ‘nasa SOCO po, don po tinurn over, don po nakalgay po
siya don, pagkatapos niyang ipresenta sa kanila pinalagay po
don’; he put the said pieces of evidence in one(1) big resealable
plastic bag; it was delivered together with the specimen (sic).”
(pp. 3-25, TSN dated 1 October 2018)

On cross-examination, PO2 Arellano, testified that:

“He did not mark the ziplock, cellophane wherein he used


in containing all the evidence when he presented it to the crime
laboratory; he said he received information from his confidential
agent that about 4:00 o’clock in the morning 17, April 2018
regarding the alleged activities of Alias Eric the rampant selling
of drugs in Tierra Monte, Barangay Silangan, San Mateo; it is his
own informant, not necessarily the informant of the whole
station; he doesn’t know his name; they knew each other but he
cannot reveal his name; he doesn’t remember how he stated his
name in his affidavit; he cannot reveal the full name of his
informant; he remembers that he has an informant; he did not
conduct buy-bust to know for sure and to be certain that indeed
this Alias Eric was selling drugs; after that he prepared for his
operation, the buy-bust operation, he prepared for a buy-bust
operation after that; he even mentioned that he accomplished
the coordination form and the pre-operational report; during his
briefing, he was given a Five Hundred Pesos (P500.00) bill to use
as a buy-bust operation; he agrees that the said Five Hundred
Pesos (P500.00) bill, the supposed buy-bust money there is no
mention of any buy-bust money in his coordination form, in his
pre-operation report and the certificate of coordination from the
PDEA; there is no mention of any money and serial number
nothing whatsoever; he likewise stated that he marked the said
buy-bust money only after the operational report; he said he
could recognize the buy-bust money because of its serial
numbers; ‘ang natatandaan lang niya is yung number lang’
(serial numbers of the said money); the serial number is 324486;
he said he had a picture after the operation; he documented it
only after the picture taking, only after the buy-bust operation;
he said in his briefing, he agreed that the signal that he will be
7
Crim. Case Nos. 20235-20238
People vs. Odrunia, Feliciano & Abucot
For: Violations of R.A. 9165: Sale/Possession
DECISION
x ---------------------------------------------------------------------------- x

giving his team was that he will be taking off his jacket and put
it on his right shoulder; after he came out inside the vicinity,
that’s the time he gave the pre-arranged signal; it was only after
the supposed transaction he was already able to get out of the
house before he gave the signal; leaving behind his suspects, so
that he can give the signal; it was moments after only when he
already saw his companions running that he rushed again inside
the house, that was the time they introduced themselves as
police officers; he said that on his way out, he was shown the
door by a certain Arnold, so that he would get out; maybe the
door was still open when he came back because they were able
to enter again; there were two(2) other persons there one name
Arnold and the other one named Jepoy and they were asked by
said Eric to act as look outs; they were at the door, he was just
near them because the place is small; he doesn’t know if they
saw his transaction, they were not looking at him; he doesn’t
know if they could also hear what he was saying, maybe, but he
was not able to see that; he doesn’t know also; they have no
active participation whatsoever on any supposed transaction if
any transaction took place; he said that he recovered the buy-
bust money from said supposed Eric; he said that they had
information that there were engaged in rampant selling drugs
during that time; he did not recover any money whatsoever only
buy-bust money; after the incident, he made the inventory and
the marking of the said evidence; he called upon a barangay
Chairman to witness the said inventory; his Team Leader Giwao
was the one who called their station to call a Barangay Official
to witness the inventory (sic).” (pp. 26-35, TSN dated 1 October
2018)

When further examined on cross-examination, PO2 Arellano further


testified:

“He agrees that prior to their buy-bust operation he made


a series of preparations; he did not have prior contact with the
Barangay Elected Official, the media representative and DOJ
representative; it was only after recovering the items that he
seized when he made contact with these three(3) people, the
Barangay Elected Official, the media representative and DOJ
representative; the sale transpired between his confidential
agent and this Alias Eric and that transaction was because he
instructed his confidential agent to have that sale between
them; when he was with Alias Eric inside their house, he was ten
8
Crim. Case Nos. 20235-20238
People vs. Odrunia, Feliciano & Abucot
For: Violations of R.A. 9165: Sale/Possession
DECISION
x ---------------------------------------------------------------------------- x

(10) kilometres away from PO2 Aliwalas; it is impossible for him


to hear or see the transaction that took place inside the house of
Eric; after he gave the pre-arranged signal PO2 Aliwalas arrived
in that place and then he then arrested the two(2) other accused
Arnold Feliciano and John Paul Abucot; he arrested these two(2)
‘kasi po nung after nung aming transaction siya po ay lumabas
para ibigay po yung aming napagkasunduang signal; at that
time po, yon lang naman po yung aming lugar o bahay na
aming area of operation kaya ganon po yung nangyaring lahat
po ng nakita don sa lugar na yon’; during their preparations
their target was only Alias Eric; PO2 Aliwalas went it and
arrested those whoever was there; he arrested those two(2)
persons even without knowing what were their participation in
the buy-bust operation in the sale because it was their area of
operation and they were there, so what would they do in that
place they don’t engaged in that kind of transaction; it is his
presumption that anyone present in that place where he
conducted the buy-bust would be arrested because he or she
would be assumed to have a part on the sale; after arresting the
accused specifically accused Eric he frisked him for the purpose
of determining if he had contraband with him; he was shown
this Chain of Custody Form and there is no name appearing on
the Name and Designation in this portion received by; for both
fields turned over by and received by there are no remarks
written in this Chain of Custody Form; earlier he mentioned that
when he turned over the subject specimen they were contained
in a single zip lock; earlier also he mentioned that the subject of
the buy-bust sale was marked with BB; he is saying that this
piece of evidence which according to the inventory weighs 0.08
gram that this was the same evidence that he bought for Five
Hundred Pesos (P500.00); he affirms that this was what was
specified in this inventory which says here 0.08 gram; he was the
one who marked all the pieces of evidence; he put out all the
pieces of evidence before starting to mark all of them (sic).” (pp.
35-40, TSN dated 1 October 2018)

On re-direct examination, PO2 Arellano, testified that:

“Eric Odrunia handed the plastic sachet that was the


subject of the buy-bust to him; he also gave the money to Eric
Odrunia; he still maintains his answer earlier that the
transaction was between Eric Odrunia and the confidential
informant because the three (3) of them were together; he
9
Crim. Case Nos. 20235-20238
People vs. Odrunia, Feliciano & Abucot
For: Violations of R.A. 9165: Sale/Possession
DECISION
x ---------------------------------------------------------------------------- x

doesn’t know whether in the laboratory examination the person


who received the specimen was indicated; he cannot recall that
(sic).” (pp. 41-42, TSN dated 1 October 2018)

The Case for the Defense

On the other hand, the defense presented the accused John Paul
Abucot, Eric Odrunia y Perez and Adoracion Odrunia who denied the
allegations in the Information/s.

JOHN PAUL ABUCOT - 23 years old, single, driver and residing at Block
45, Lot 29, Phase 2, Tierra Monte, Barangay Silangan. He testified that:

“He is the same John Paul Abucot who is one of the


accused in this case; his residence is at Block 45, Lot 29, Phase 2,
Tierra Monte, Barangay Silangan; in the early morning of 17
April 2018, he was at the house of Eric Odrunia, his co-accused;
he doesn’t know the address of Eric Odrunia; his residence is
about 100 meters away from Eric’s residence; he went there
because he was his konduktor of his jeepney; his parents owns
the jeepney; ‘bale alternate po ng driver po namin’ in using that
in the trade regularly, everyday; he was there around 4:30 in the
morning; there was nothing unusual; while he was there, he was
surprised when somebody entered; he doesn’t know those
persons but they were armed; they said ‘dapa’ ‘dapa’; Eric
Odrunia was taking a bath during that time; he was with Eric’s
mother when these armed men barged in or entered the house;
he doesn’t know who these people were or what they were; they
were on civilian clothes; when he was asked to lie down, he laid
down face down; the other person who was there also laid down
face down; after, they were frisked; after they found nothing
from their bodies, they covered their head; Eric Odrunia was in
the bathroom; they directed him to go out from the bathroom
and asked him to lie down; they used a blanket in covering their
heads; after, they told them to bring out the items; he told them
he doesn’t know that; when he told them he doesn’t know, they
were mauled; Eric and the other companion has no reaction;
when Eric was tol dto bring out the items, he told them that he
doesn’t know that; their heads were covered around 20 to 30
minutes; after, they told them to stand up and they were
10
Crim. Case Nos. 20235-20238
People vs. Odrunia, Feliciano & Abucot
For: Violations of R.A. 9165: Sale/Possession
DECISION
x ---------------------------------------------------------------------------- x

surprised that there were evidence on top of the table; the same
one referring to the pictures that were shown by the policemen;
the pictures were taken between 5:30 to 6:00 in the morning;
‘wala naman pong nangyaring ganon’; he doesn’t know of the
items recovered from them by the police officers; he did not see
his other companions Eric Odrunia and Arnold Feliciano being
frisked by the policemen; he doesn’t know if anything was
recovered from them (sic).” (pp. 3-10, TSN dated 10 December
2018)

On the cross-examination of Prosec. Pacuribot, John Paul Abucot


testified that:

“The date of the incident about 4:30 A.M. there were


armed men with civilian clothing’s entered the house of Eric
Odrunia; ‘hindi niya sila nabilang’; he cannot count; at the time
that they entered the house of Eric Odrunia, he was there as
well as the mother of Eric Odrunia; Arnold Feliciano was in his
room sleeping at that time; he was not able to identify these
armed men who entered the house of Eric; only during
arraignment that he knew of their identities; he is not sure if the
police officers who testified against him were included in those
he mentioned; he was mauled for 30 minutes; he doesn’t have
any medical certificate to prove that his was mauled; according
to him the charges against him are not true; he has been
incarcerated since April 2018; he found out the identities of the
persons who arrested him after the hearing of this case; he
doesn’t know the items that these men were asking him to bring
out; he did not ask them what items they were asking; Feliciano
was not with him at that time when he was asked to lie down on
the floor face down; at that time, he was mauled along with
Eric; Arnold was not included in those persons who were
mauled; the armed men were able to get the person of Arnold
Feliciano when the items were already on the table; while these
things were happening, Feliciano was just sleeping in the room;
he was not awaken by the commotion; at the time that items
were already displayed, the three (3) of them were already
there; the mother of Eric Odrunia was brought outside; she was
not arrested during that time (sic).” (pp. 10-15, TSN dated 10
December 2018)
11
Crim. Case Nos. 20235-20238
People vs. Odrunia, Feliciano & Abucot
For: Violations of R.A. 9165: Sale/Possession
DECISION
x ---------------------------------------------------------------------------- x

ERIC ODRUNIA y PEREZ - 29 years old, single, jeepney conductor and


residing at Block 41 Lot 11 Phase 2, Tierra Monte Subdivision, Barangay
Silangan, San Mateo, Rizal. He testified that:

“He remembers executing a Salaysay in relation to this


case; on April 17, 2018 around between 4:00 to 5:00 in the
morning, he was inside the comfort room of his residence; he
was with John Paul Abucot who was inside his room; John Paul
Abucot was just sitting there because he was waiting for him;
suddenly he heard a commotion and he heard somebody
shouting ‘dapa, dapa!’; he doesn’t know whose voices he heard;
he was able to go out of the CR after; he saw John Paul Abucot
was already lying on the floor faced down with his mother; he
saw his mother was assisted by one of those persons who
entered the house going outside; he doesn’t know how many
entered the house; he recalled that they were wearing civilian
clothes; after seeing John Paul Abucot being held by those men
who entered his house, he was also held by one of them and
directed to lie down face down he was arrested in the room; he
remembered making a sketch or diagram about the places
inside his house; he saw John Paul being held by the people or
by the men who entered his house ‘dito po sa salas’; after he
was held by these men who entered his house, their heads were
covered by a blanket; the policemen did not frisk him; after they
covered their heads, he doesn’t know what happened next; he
knows his co-accused Arnold Feliciano, he is his ‘kapatid’; he
doesn’t know why he was impleaded in this case; Arnold was in
another room when he was taken by the police; Arnold was also
included in the people who were taken by the policemen; Arnold
was taken in another room and brought in my room where he
was handcuffed; he knew it was him when their heads were
uncovered, he saw him seated beside him; after his head was
covered, the policemen were directing them to brought out the
drugs; he told them ‘sir wala po kami nun’; the policemen told
them not to tell them a lie and they were hiding something; he
told them ‘sir wala po talaga kami itinatago’; there is no truth in
this case because he is not selling any illegal drugs; he was
present at the time that the arresting officer testified against
him; he was present when he identified photographs allegedly
taken in the place of incident; the photographs were taken
inside his room between 4:30 to 5:00 a.m. (sic).” (pp. 2-8 TSN
dated 11 February 2019)
12
Crim. Case Nos. 20235-20238
People vs. Odrunia, Feliciano & Abucot
For: Violations of R.A. 9165: Sale/Possession
DECISION
x ---------------------------------------------------------------------------- x

On cross-examination, Eric Odrunia, testified that:

“Aside from him, Arnold Feliciano, John Paul Abucot and his
mother, 60 years old, there were other persons present at the
time the armed persons barged in his house, his father who is 50
years old; the armed persons only arrested him, Arnold and John
Paul Abucot; he cannot remember how many persons or how
many armed persons entered his house; he wasn’t able to
identify any of them that have detained him for quite a long
time; their faces weren’t covered by any mask at the time they
entered the house; ‘hindi ko po alam’ why these persons would
conduct such operation against him; prior to the incident, he
doesn’t know PO2 Jericho Arellano and PO2 Orville Aliwalas; he
cannot remember whether PO2 Jericho Arellano was one of
those who arrested him (sic).” (pp. 9-10 TSN dated 11 February
2019)

ADORACION ODRUNIA - 69 years old, married, housewife and


residing at Block 41 Lot 11 Tierra Monte Subdivision, Barangay Silangan,
San Mateo, Rizal. She testified that:

“On April 17, 2018 between 4 to 5 o’clock in the morning


she was in their house; at that time, she was with Jepoy Abucot
and Eric Odrunia in their house; Jepoy Abucot was summong his
son Eric Odrunia to be his conductor in the jeepney; she was
asking them what they want to eat during that time; during that
time, there were civilian men who entered their house and told
them ‘dapa dapa’; when she heard those, she also faced down;
jepoy Abucot also did the same thing; Eric Odrunia was inside
the comfort room; after she complied with what they said, one
of those men told her to go outside; after she was told to go
outside, that person brought her inside their house, in the sala,
and she asked him what was happening; the persons in civilian
clothes did not answer; when she was led to the sala, she heard
someone was moaning, coming from the place where Eric was;
the CR is located inside the room of Eric Odrunia; after, she
shouted ‘sir, ‘wag niyo naman po silang saktan maawa po
kayo’; she cried and it was heard by her other son Arnold
Feliciano who came out from his room; he was seen by the
person who brought her at the sale of their house and he was
taken by said person led to the room of Eric; after, Arnold
Feliciano was brought inside the room of Eric and then after 20-
30 minutes’ barangay official came; the barangay office and one
13
Crim. Case Nos. 20235-20238
People vs. Odrunia, Feliciano & Abucot
For: Violations of R.A. 9165: Sale/Possession
DECISION
x ---------------------------------------------------------------------------- x

of the men went outside; they brought Eric Odrunia, Arnold


Feliciano and John Paul Abucot with handcuffs; she is the
mother of Eric Odrunia and Arnold Feliciano; when she saw her
two sons in handcuffs being led outside the room of Eric, she
was just looking at them while crying because they were in
handcuffs; she remembers executing a Salaysay in relation to
this case (sic).” (pp. 3-7 TSN dated 27 March 2019)

On cross-examination, Adoracion Odrunia, testified that:

“It was her granddaughter who wrote the statement


identified as exhibit “3”; she read it before she signed it and the
contents of this document are all true; the two accused in this
case Eric Odrunia and Arnold Feliciano are her children; Eric was
a conductor of a jeepney of Jepoy Abucot, his co-accused; Arnold
Feliciano was a construction worker; on April 17, 2018 at 4
o’clock in the morning, her son Eric was fetched by his co-
accused John Paul Abucot; it was on a regular basis that John
Paul Abucot fetch her son Eric to be his conductor; when men in
civilian clothes entered ‘silang apat, si Eric, si Arnold, si Jepoy at
siya’ was inside the house; the usual occupants of their house is
her and her children; Eric Odrunia, Arnold Feliciano, her and
their father are living in their house; their father was there
cooking at the time that men entered their house; she doesn’t
know if her children Eric and Arnold are involved in illegal drugs;
she doesn’t know Police Officer Arellano (sic).” (pp. 8-10 TSN
dated 27 March 2019)

The Ruling of the Court

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