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CRIM 20235-20238.people v. Odrunia, Feliciano, Abucot - Sale - Poessession.10-MAY
CRIM 20235-20238.people v. Odrunia, Feliciano, Abucot - Sale - Poessession.10-MAY
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:
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
CONTRARY TO LAW.”
CONTRARY TO LAW.”
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)
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)
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:
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)
“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)