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C-309-18 & C-310-18 TSN Dated 09 November 2023.edited
C-309-18 & C-310-18 TSN Dated 09 November 2023.edited
C-309-18 & C-310-18 TSN Dated 09 November 2023.edited
Staff present:
ATTY. MENELEO A. AGUIRRE
Branch Clerk of Court V
Appearances:
ACP RICHEL R. SIRIBAN
Public Prosecutor
Witness:
PMAJ. HERNAND G. DONADO
Second Prosecution Witness
CRIM. CASE NOS. C-309-18 & C-310-18
PP. vs. Danilo Castillo
TSN dated 09 November 2023
Witness: PMAJ Hernand G. Donado
Testimony Completed
Page 2 of 22 pages
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COURT:
Call case No. 14.
INTERPRETER:
Criminal Case Nos.C-309-18 & C-310-18
Appearances?
COURT:
Is your client in court?
COURT:
Okay. Now, Atty. Dadivas, again, the Court has sixteen cases in
its calendar for today. So, can you not waive the presence of
your client, accused Danilo Castillo?
COURT:
Okay. Swear in the witness.
INTERPRETER:
Please raise your right hand. Do you swear to tell the truth the
whole truth and nothing but the truth in this proceedings?
WITNESS:
Yes.
INTERPRETER:
Witness on stand is Police Major Hernand G. Donado, 37 years
old, married, and a Forensic Chemist assigned at the Philippine
National Police Forensic Group (PNPFG), Camp Crame, Quezon
City.
COURT:
Prosecutor, you make the offer.
COURT:
Atty. Dadivas, do you have any comment or objection?
CRIM. CASE NOS. C-309-18 & C-310-18
PP. vs. Danilo Castillo
TSN dated 09 November 2023
Witness: PMAJ Hernand G. Donado
Testimony Completed
Page 4 of 22 pages
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COURT:
Okay. What we can do to expedite proceeding is the Court will
intervene, subject to your right to cross-examination should you
decide to conduct cross-examination. Okay?
COURT:
Or you can conduct your cross-examination now.
COURT:
Kay maubra kita Order nga gina admit mo, tapos ma conduct ka
cross-examination. Or you want the Court to…
COURT:
You know, if we will require the prosecution to ask direct-
examination questions to the witness, ubuson niya ang oras.
Okay. The Court will dictate in open court the Order to be issued
in connection with his testimony subject to your right to cross-
examine the witness. From there, after hearing the Order issued
in open court, you could decide from which point you will cross-
examine the witness.
COURT:
Okay. Order:
CRIM. CASE NOS. C-309-18 & C-310-18
PP. vs. Danilo Castillo
TSN dated 09 November 2023
Witness: PMAJ Hernand G. Donado
Testimony Completed
Page 5 of 22 pages
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The Court puts on record that the defense admits the following:
the witness is a member of the Philippine National Police (PNP)
assigned as a forensic chemist on 24 August 2018 at the PNP
Forensic Group, Regional Forensic Unit 6, Iloilo City. Admitted?
COURT:
He is an expert on forensic chemistry. Admitted?
COURT:
On 25 August 2018 at about 2:50 o’clock in the afternoon, his
office received a letter requesting for laboratory examination of
the items listed therein. Admitted?
COURT:
The courier of the letter was PO2 Rudy Fontenilla. Admitted?
COURT:
The recipient of the letter was PO1 Nedy Jolin. Admitted?
COURT:
Which letter requesting for laboratory examination is marked in
evidence as, Prosecutor?
COURT:
Admitted?
ATTY. LEODEGARIO B. DADIVAS, JR.:
It’s up to the prosecution, Your Honor. It’s their marking.
COURT:
Okay. The letter request including the items listed there was
turned over by PO1 Jolin to him.
COURT:
Okay. You could cross-examine the witness on that particular
point later.
The letter request including the items listed therein was turned
over to him. Could you admit that?
COURT:
Okay. He subjected the items listed in the letter requesting for
laboratory examination. Admitted?
COURT:
You know, Atty. Dadivas, with all due respect to you, how could
he possibly issue forensic chemistry without first subjecting the
items to a laboratory examination? Is it not that logic speaks that
before he could issue a chemistry report, he had examined the
items listed in the letter request for laboratory examination?
COURT:
Okay. Now, Prosecutor?
COURT:
For the matters not admitted by the defense, take note because
you will be required by the Court to ask questions on those
matters.
COURT:
Okay. The witness rendered Chemistry Report No. D-655-2018,
marked in evidence as?
COURT:
In the chemistry report, he said among others that the twelve
items listed therein, marked as "A" to "L", inclusive, were all
positive for methamphetamine hydrochloride, a dangerous drug
and that the total weight of the twelve items is 13.8214 grams.
Admitted?
COURT:
Let’s go back. Receipt by his office of the letter request including
the items listed therein is not only evidenced by a stamp mark
appearing on the face of the letter but also on the chain of
custody form, marked in evidence as?
COURT:
Atty. Dadivas, you might want to look at the chain of custody
form.
COURT:
Was not?
ATTY. LEODEGARIO B. DADIVAS, JR.:
Was not filled up, Your Honor. Because under the rules, Your
Honor, items received by an office like the forensic chemist
office, Your Honor, the items must be described as to its
condition, appearance, but in this document, there is no….
COURT:
That is correct. But you know, concerning that specific matter,
the Court is of the opinion that the chain of custody form should
not only or solely be taken into consideration, but should be
taken together with other relevant documents.
COURT:
Just make a proper manifestation.
COURT:
Just put on record your manifestation. Okay?
COURT:
Okay. Continuation. Based on the chain of custody form, after
the laboratory examination conducted by him, he turned over all
the subject items to evidence custodian Ian Fritz Gacutan.
Correct?
COURT:
Okay. Prosecutor, you might want to sub-mark in evidence the
entry showing that he turned over the drug items to the evidence
custodian after conducting the laboratory examination.
COURT:
Okay. So, already done, Madame Interpreter?
COURT:
Okay. Now, Mr. Witness, when did you retrieve the items from
the evidence custodian for submission to this Court?
COURT:
So, in that case, the witness would be incompetent to testify on
the turnover by the evidence custodian of the items to this Court.
Prosecutor?
COURT:
But you see, the point of the Court is this, in drug cases like this,
there has to be evidence to be presented that the very drug
items submitted to the Court are the very same drug items
seized from the accused, subjected to a laboratory examination.
CRIM. CASE NOS. C-309-18 & C-310-18
PP. vs. Danilo Castillo
TSN dated 09 November 2023
Witness: PMAJ Hernand G. Donado
Testimony Completed
Page 11 of 22 pages
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COURT:
In that case, you have to present the evidence custodian.
COURT:
So, lastly, on the genuineness and due execution of the letter-
request, chain of custody form, chemistry report, and
identification by him of the signatures appearing on those
documents. Atty. Dadivas, admitted?
COURT:
So, now, Prosecutor, again, for matters not admitted by the
defense, asks the witness direct examination questions.
A : Yes, Ma’am.
Q : And when for the first time you take possession of the specimen
described in that forensic chemistry?
A : When I received the specimen from our duty PNCO then PO1
Nedy Jean Jolin last August 25, 2018, at around 3:10 p.m.
CRIM. CASE NOS. C-309-18 & C-310-18
PP. vs. Danilo Castillo
TSN dated 09 November 2023
Witness: PMAJ Hernand G. Donado
Testimony Completed
Page 12 of 22 pages
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COURT:
Q : Mr. Witness, the Court will have to intervene. Is there any
document in your possession showing such turnover by Jolin to
you at that date and at that time?
COURT:
Okay. Do the marking, Madame Interpreter.
COURT:
Continue, Prosecutor.
A : Yes, Ma’am.
COURT:
Q : Now, Mr. Witness, when you received these items, did you notice
any marking or markings on each of that?
Q : Inclusive.
COURT:
Okay. Prosecutor, continue.
A : Yes, Ma'am. These are the same specimens that I received from
PO1 Jolin and which I examined and found to be positive for
methamphetamine hydrochloride, a dangerous drug.
A : Yes, Ma’am.
COURT:
Atty. Dadivas?
COURT:
Okay. Prosecutor, continue.
ACP RICHEL R. SIRIBAN:
Q : And in this request for laboratory examination, it appears that the
specimen was received by….
COURT:
Prosecutor, those matters were already admitted by the defense.
Q : Where were you when Police Officer Fontenilla turned over the
specimen to PO1 Jolin?
COURT:
The witness may answer.
COURT:
Continue.
CRIM. CASE NOS. C-309-18 & C-310-18
PP. vs. Danilo Castillo
TSN dated 09 November 2023
Witness: PMAJ Hernand G. Donado
Testimony Completed
Page 15 of 22 pages
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COURT:
Q : Could you tell the Court the specific steps you have taken in
examining the items?
Q : And what did you do if any to ensure that the substance in those
sachets would not be tampered or substituted after you finished
examining them?
COURT:
Q : Evidence room inside the evidence vault of your office?
Q : So evidence room and then the evidence vault. Inside the room
is a vault, or the other way around?
A : During that time, Your Honor, I believed there were only boxes
for the evidence.
CRIM. CASE NOS. C-309-18 & C-310-18
PP. vs. Danilo Castillo
TSN dated 09 November 2023
Witness: PMAJ Hernand G. Donado
Testimony Completed
Page 17 of 22 pages
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COURT:
Continue.
A : No….
COURT:
The proper question is to look at the items or the containers of
the items now. Describe to us the condition of the containers vis-
à-vis the conditions of those containers when you resealed the
containers.
COURT:
Could the Court do it for you?
COURT:
Q : Mr. Witness, look at the conditions of the plastic sachets now
and tell us the conditions of the sachets after sealing them and
before turning over them to the evidence custodian and their
present conditions now.
A : Yes, Your Honor. So, Your Honor, after the conduct of the
examination, I resealed the evidence with a masking tape and
CRIM. CASE NOS. C-309-18 & C-310-18
PP. vs. Danilo Castillo
TSN dated 09 November 2023
Witness: PMAJ Hernand G. Donado
Testimony Completed
Page 18 of 22 pages
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COURT:
Okay. Satisfied now, Prosecutor?
COURT:
Okay. Do the markings, Madame Interpreter.
COURT:
Your manifestation is noted.
COURT:
Madame Interpreter, are you done with the markings?
COURT:
Your manifestation is noted.
COURT:
Cross?
A : Yes, Sir.
A : Yes, Sir.
A : Yes, Sir.
A : Yes, Sir.
A : Yes, Sir.
Q : And you have no idea what happened to those items during that
twenty-minute gap, correct?
A : Yes, Sir.
COURT:
Any re-direct?
ACP RICHEL R. SIRIBAN:
I have no re-direct, Your Honor. Your Honor, we will be
presenting the evidence custodian because it turned out, Your
Honor, it was the evidence custodian who turned over the
specimens to this Honorable Court.
COURT:
Yes. So, Major, your testimony in these cases is over. Thank
you.
ORDER
After the complete testimony of Police Major Hernand G. Donado,
second prosecution witness, presentation of additional prosecution evidence
is set on 01 February 2024 at eight-thirty o’clock in the morning.
The Court puts on record the admission by the defense that the
witness is a member of the Philippine National Police (PNP) assigned as
forensic chemist at the PNP Forensic Group (PNPFG), Regional Forensic
Unit 6 (RFU 6), Iloilo City on 24 August 2018; he is an expert on forensic
chemistry; on 25 August 2018 at about two-fifty o’clock in the afternoon, his
office received a letter requesting for laboratory examination of the items
listed therein; the courier of the letter was PO2 Rudy Fontenilla; the recipient
of the letter was PO1 Nedy Jean Jolin; the letter-request is marked in
evidence as Exhibit “FF” for the prosecution; receipt by his office of the letter-
request, including the items listed therein, is not only evidenced by a stamp
mark appearing on the face of such letter-request, but also on the chain of
custody form, which is marked in evidence as Exhibit “KK” for the
prosecution; he issued Chemistry Report No. D-655-2018, marked in
evidence as Exhibits “HH” and “HH-1”, for the prosecution; in the chemistry
report, he said, among others, that the twelve (12) items listed therein,
marked as “A” to “L”, inclusive, are all positive for methamphetamine
hydrochloride (shabu), a dangerous drug, and that the total weight of the
twelve items is 13.8214 grams; based on the chain of custody form, after the
laboratory examination conducted by him, he turned over all the subject items
to evidence custodian Police Staff Sergeant Ian Fritz Gacutan for safe
keeping in the evidence room; on the genuineness and due execution of the
letter-request, chain of custody form, chemistry report; and identification by
him of his signatures on these documents.
CRIM. CASE NOS. C-309-18 & C-310-18
PP. vs. Danilo Castillo
TSN dated 09 November 2023
Witness: PMAJ Hernand G. Donado
Testimony Completed
Page 22 of 22 pages
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Send copies of this Order to the complaining police officer and the
Philippine Drug Enforcement Agency (PDEA) in Iloilo City.
SO ORDERED.
CERTIFICATE
I hereby certify that this is the true and correct copy of my stenographic
notes to the best of my knowledge, ability, hearing and belief.