C-309-18 & C-310-18 TSN Dated 09 November 2023.edited

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Republic of the Philippines

REGIONAL TRIAL COURT


6th Judicial Region
Branch 17, Roxas City
Email: rtc1rxc017@judiciary.gov.ph or
lbdiaz.rtc@judiciary.gov.ph
Contact No. (036) 620-2974

PEOPLE OF THE PHILIPPINES,


Complainant,
CRIMINAL CASE NOS. C-309-18
versus & C-310-18

DANILO CASTILLO y FOR: VIOL. OF SECS. 11 & 12,


ARROJADO, ARTICLE II OF R. A. 9165
Accused.
x- - - - - - - - - - - - - - - - - - - - - - x

TRANSCRIPT OF STENOGRAPHIC NOTES

taken down by the undersigned Stenographer during


the hearing of the above-entitled case held on the 09 th
day of November 2023 before the Honorable
LORENCITO B. DIAZ, Presiding Judge of this Court

JENNIE ROSE S. SOLOCASA


Court Stenographer III

Staff present:
ATTY. MENELEO A. AGUIRRE
Branch Clerk of Court V

MRS. ROIDA MAY B. AMOSIN


Legal Researcher II/Acting Interpreter

Appearances:
ACP RICHEL R. SIRIBAN
Public Prosecutor

ATTY. LEODEGARIO B. DADIVAS, JR.


Defense Counsel

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

For: Violation of Sections 11 & 12, Article II of RA 9165.

People of the Philippines versus Danilo Castillo y Arrojado.

Appearances?

ACP RICHEL R. SIBIRAN:


For the prosecution, Your Honor.

ATTY. LEODEGARIO B. DADIVAS, JR.:


Respectfully appearing as counsel for the accused, Your Honor.

COURT:
Is your client in court?

ATTY. LEODEGARIO B. DADIVAS, JR.:


He is detained, Your Honor. I don’t know if the BJMP was
informed.

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?

ATTY. LEODEGARIO B. DADIVAS, JR.:


We can waive, Your Honor. After all, the witness is the forensic
chemist, Your Honor.

COURT:
Okay. Swear in the witness.

ACP RICHEL R. SIRIBAN:


May we call on to the witness stand, Major Hernand Donado?
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 3 of 22 pages
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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.

ACP RICHEL R. SIBIRAN:


The testimony of the witness is being offered to prove that he is
a forensic chemist currently assigned at the PNP Forensic
Group, Camp Crame, Quezon City but was previously assigned
at then PNP Regional Crime Laboratory Office VI, now Regional
Forensic Unit 6, Iloilo City; he is an expert witness; that on
August 25, 2018 at 2:50 p.m., his office received through the
duty PNCO PO1 Nedy Jean Jollyn from PO2 Rudy Fontenilla of
the Roxas City Police Station, Roxas City, a letter-request dated
August 24, 2018 and signed by Chief of Police Dante S. Tayco,
to examine the following items: twelve heat-sealed transparent
plastic sachets containing white crystalline substance with
markings “DCA-1” to “DCA-12”, inclusive; the he marked the
items with letters from “A” to “L”; that he examined the specimen
submitted and found specimens “A” to “L” to be positive to the
test for the presence of methamphetamine hydrochloride, a
dangerous drug; that the result of his examination was reduced
into writing; the witness will identify the following: the specimen,
the request for laboratory examination, Chemistry Report No. D-
655-2018, and the chain of custody form, and the signatures
appearing thereon; and he will testify on other relevant matters,
Your Honor.

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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ATTY. LEODEGARIO DADIVAS, JR.:


Subject to cross-examination, Your Honor.

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?

ATTY. LEODEGARIO DADIVAS, JR.:


Yes, Your Honor.

COURT:
Or you can conduct your cross-examination now.

ATTY. LEODEGARIO DADIVAS, JR.:


She has to conduct the direct yet, Your Honor.

COURT:
Kay maubra kita Order nga gina admit mo, tapos ma conduct ka
cross-examination. Or you want the Court to…

ATTY. LEODEGARIO B. DADIVAS, JR.:


No. What I said earlier, Your Honor, is subject to cross. I did not
admit the entire offer, Your Honor.

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.

ATTY. LEODEGARIO B. DADIVAS, JR.:


I submit, Your Honor.

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?

ATTY. LEODEGARIO DADIVAS, JR.:


We admit that, Your Honor.

COURT:
He is an expert on forensic chemistry. Admitted?

ATTY. LEODEGARIO DADIVAS, JR.:


Admitted, Your Honor.

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?

ATTY. LEODEGARIO DADIVAS, JR.:


Admitted, Your Honor.

COURT:
The courier of the letter was PO2 Rudy Fontenilla. Admitted?

ATTY. LEODEGARIO DADIVAS, JR.:


As appearing in the letter, we admit that.

COURT:
The recipient of the letter was PO1 Nedy Jolin. Admitted?

ATTY. LEODEGARIO DADIVAS, JR.:


As appearing in the letter, Your Honor, we admit that it is stated
as PO1 Jolin.

COURT:
Which letter requesting for laboratory examination is marked in
evidence as, Prosecutor?

ASSOC. CITY PROS. RICHEL R. SIRIBAN:


“FF”, Your Honor.
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 6 of 22 pages
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COURT:
Admitted?
ATTY. LEODEGARIO B. DADIVAS, JR.:
It’s up to the prosecution, Your Honor. It’s their marking.

ACP RICHEL R. SIRIBAN:


We may ask, Your Honor, that the letter request for laboratory
examination be marked as our Exhibit "FF" and the stamped
receipt be encircled and sub-marked as “FF-1”.

MRS. ROIDA MAY B. AMOSIN:


Already marked, Your Honor.

COURT:
Okay. The letter request including the items listed there was
turned over by PO1 Jolin to him.

ATTY. LEODEGARIO DADIVAS, JR.:


We could not admit that, Your Honor.

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?

ATTY. LEODEGARIO DADIVAS, JR.:


We cannot admit that, Your Honor, because there is no
document in which we could not verify that statement. We can
only admit things that are written in the document in our
possession and part of the case before the Office of the City
Prosecutor.

COURT:
Okay. He subjected the items listed in the letter requesting for
laboratory examination. Admitted?

ATTY. LEODEGARIO DADIVAS, JR.:


We can admit that there is a chemistry report because it’s part of
their evidence, Your Honor, and we were provided with that
during the preliminary investigation.
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 7 of 22 pages
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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?

ATTY. LEODEGARIO DADIVAS, JR.:


Your Honor please, with all due respect also, Your Honor, we can
admit the chemistry report because it is here. It is stated here
that there is a requesting party, the specimens submitted, and
the purpose of the laboratory examination ….

COURT:
Okay. Now, Prosecutor?

ACP RICHEL R. SIRIBAN:


Yes, Your Honor.

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.

ACP RICHEL R. SIRIBAN:


Yes, Your Honor.

COURT:
Okay. The witness rendered Chemistry Report No. D-655-2018,
marked in evidence as?

ACP RICHEL R. SIRIBAN:


Exhibit “HH”, Your Honor.

MRS. ROIDA MAY B. AMOSIN:


Already marked, Your Honor.

ACP RICHEL R. SIRIBAN:


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 8 of 22 pages
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And the name and signature, Your Honor, of Police Major


Donado be encircled and be sub-marked as Exhibit “HH-1”.

MRS. ROIDA MAY B. AMOSIN:


Marked, Your Honor.

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?

ATTY. LEODEGARIO DADIVAS, JR.:


As stated in the chemistry report, Your Honor.

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?

ACP RICHEL R. SIRIBAN:


Exhibit “KK”, Your Honor.

COURT:
Atty. Dadivas, you might want to look at the chain of custody
form.

ATTY. LEODEGARIO B. DADIVAS, JR.:


We will check on that, Your Honor.

ASSOC. CITY PROS. RICHEL R. SIRIBAN:


May I ask, Your Honor, that the same be marked as our Exhibit
“KK”.

ATTY. LEODEGARIO DADIVAS, JR.:


Actually, Your Honor, we can admit this evidence, Your Honor,
only with the observation that the remarks which are supposed to
describe the items subject of the chain of custody were not filled
up.
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 9 of 22 pages
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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.

ATTY. LEODEGARIO B. DADIVAS, JR.:


Yeah, I agree with you, Your Honor, but my observation is only
limited…

COURT:
Just make a proper manifestation.

ATTY. LEODEGARIO B. DADIVAS, JR.:


Yes, Your Honor.

COURT:
Just put on record your manifestation. Okay?

ATTY. LEODEGARIO B. DADIVAS, JR.:


Thank you, Your Honor.

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?

POLICE MAJOR HERNAND G. DONADO:


Yes, Your Honor.

ATTY. LEODEGARIO B. DADIVAS, JR.:


As stated in the chain of custody form, Your Honor.
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 10 of 22 pages
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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.

ACP RICHEL R. SIRIBAN:


Yes, Your Honor. May we ask, Your Honor, that the entries
showing that Police Major Donado turned over the specimen to
the receiving evidence custodian be encircled and sub-marked
as “KK-1”, Your Honor.

COURT:
Okay. So, already done, Madame Interpreter?

MRS. ROIDA MAY B. AMOSIN:


Yes, Your Honor.

COURT:
Okay. Now, Mr. Witness, when did you retrieve the items from
the evidence custodian for submission to this Court?

PMAJ. HERNAND G. DONADO:


I believe, Your Honor, based on the chain of custody form, it was
Police Officer Gacutan who turned over the specimen to this
Honorable 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?

ACP RICHEL R. SIRIBAN:


Ah, yes, Your Honor. It was also the evidence custodian who
turned over the specimen to the Court, Your Honor.

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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Did you get the point of the Court?

ACP RICHEL R. SIRIBAN:


Yes, Your Honor. So, in that case, Your Honor, may we be
allowed….

COURT:
In that case, you have to present the evidence custodian.

ACP RICHEL R. SIRIBAN:


Yes, Your Honor.

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?

ATTY. LEODEGARIO B. DADIVAS, JR.:


Admitted, Your Honor.

COURT:
So, now, Prosecutor, again, for matters not admitted by the
defense, asks the witness direct examination questions.

ACP RICHEL R. SIRIBAN:


Yew, Your Honor.

(to the witness)

Q : Mr. Witness, please take a look at the Chemistry Report No. D-


655-2018. Do you confirm that the contents of the said
document are true and correct?

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?

A : Yes, Your Honor, it was reflected in our chain of custody form,


Your Honor.

ACP RICHEL R. SIRIBAN:


May we ask, Your Honor, that the turnover, Your Honor, the turn-
over of the specimen by PO1 Nedy Jean Jolin to Forensic
Chemist Donado be encircled and sub-marked as "KK-2", Your
Honor.

COURT:
Okay. Do the marking, Madame Interpreter.

MRS. ROIDA MAY B. AMOSIN:


Yes, Your Honor.

COURT:
Continue, Prosecutor.

ACP RICHEL R. SIRIBAN:


Q : And those specimens, if shown to you, will you be able to identify
the same?

A : Yes, Ma’am.

Q : So I am showing to you twelve sachets with markings “DCA-1” to


“DCA-12”.

COURT:
Q : Now, Mr. Witness, when you received these items, did you notice
any marking or markings on each of that?

A : Yes, Your Honor, there are markings.

Q : Okay. Tell the Court what is or are those markings.

A : The markings are the specimen were “DCA-1” up to “DCA-12”.


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 13 of 22 pages
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Q : Inclusive.

A : Yes, Your Honor. It was also described in the request for


laboratory examination, Your Honor.

COURT:
Okay. Prosecutor, continue.

ACP RICHEL R. SIRIBAN:


Q : So, what relation has this to the twelve heat-sealed transparent
plastic sachets with markings “DCA-1” to “DCA-12” to the
specimen you stated earlier turned over to you by PO1 Jolin?

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.

Q : And, when you received those specimens, was there also a


request given to you?

A : Yes, Ma’am.

Q : I am showing to you a request for laboratory examination dated


August 24, 2018, signed by Dante S. Tayco. What relation has
this to the request that you received along with the specimen?

A : This is the same request that I received from PO1 Jolin in


relation to this case.

ACP RICHEL R. SIRIBAN:


Your Honor, the one that was marked earlier, Your Honor, was
the photocopy, Your Honor, and the one that was identified by
the witness, Your Honor, is the original copy. May we just ask,
Your Honor, that the photocopy that was marked earlier and the
original identified by the witness be compared, Your Honor?

COURT:
Atty. Dadivas?

ATTY. LEODEGARIO B. DADIVAS, JR.:


Admitted, Your Honor.
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 14 of 22 pages
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COURT:
Okay. Prosecutor, continue.
ACP RICHEL R. SIRIBAN:
Q : And in this request for laboratory examination, it appears that the
specimen was received by….

May just manifest, Your Honor, that there is a stamped receipt on


the request for laboratory examination showing that the
specimen was delivered by PO2 Rudy L. Fontenilla and was
received by PO1 Jolin, Your Honor.

COURT:
Prosecutor, those matters were already admitted by the defense.

ACP RICHEL R. SIRIBAN:


I just forgot, Your Honor. I thought, Your Honor, he did not admit
all the turn-over, Your Honor.

ATTY. LEODEGARIO B. DADIVAS, JR.:


I admitted all the documents.

ACP RICHEL R. SIRIBAN:


Yes, Your Honor. I withdraw that.

Q : Where were you when Police Officer Fontenilla turned over the
specimen to PO1 Jolin?

ATTY. LEODEGARIO B. DADIVAS, JR.:


That’s irrelevant, Your Honor.

COURT:
The witness may answer.

ACP RICHEL R. SIRIBAN:


That’s relevant.

PMAJ. HERNAND G. DONADO:


I cannot recall, Your Honor.

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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ACP RICHEL R. SIRIBAN:


Q : Upon receipt of the specimen, what did you do with the
specimen?

A : I conducted a qualitative examination on all those specimens


subject of the request for laboratory examination.

COURT:
Q : Could you tell the Court the specific steps you have taken in
examining the items?

A : Yes, Your Honor. The qualitative examination is composed of


three parts for which the objective is determining the presence of
dangerous drugs. In this case, it is the physical test, the chemical
test, and the confirmatory test. During the physical test, I get the
physical description of each of the evidence and determine each
its initial net weight. And then after which, I took representative
samples, and that representative samples were subjected to the
chemical and the confirmatory test. For the chemical test, I used
a presumptive test in order to determine the specific or group of
drugs, in this case, I used a Simons and Marquis test in which
the result showed that all these twelve specimens possibly
contained methamphetamine hydrochloride. After which, I
proceeded to the confirmatory test using a thin-layer
chromatography and the result of the examination of the
confirmatory test showed that all these twelve specimens
contained methamphetamine hydrochloride, a dangerous drug.

ACP RICHEL R. SIRIBAN:


Q : After performing the examination on the specimens, what did you
do with the specimens?

A : After conducting the examination, I resealed the specimen with


masking tape and placed my personal markings which include
the chemistry case number D-655-2018, the date 8/25/18, my
initials "HGD" and my signature, and the corresponding markings
"A" up to "L", as stated also in the Chemistry Report.

Q : And after that, what did you do with the specimens?

A : So after I had finished with resealing and markings of the


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 16 of 22 pages
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evidence, I turned them over to the evidence custodian, Police


Officer Gacutan, for safekeeping.

Q : What do you mean by resealing?

A : Because, Ma'am, during the conduct of the examination, I


opened one side of the specimen for me to be able to determine
the initial weight of the specimen and so after the conduct of the
examination, I resealed that part with a masking tape and placed
markings on the masking tape.

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?

A : I made the resealing and placed my personal markings on each


of the specimens and placed it in a bigger plastic bag, and
sealed the bigger plastic bag with a masking tape, and affixed
my personal markings.

Q : Do you know where were those sachets stored after you


conducted the tests?

A : After I turned it over to Gacutan, he placed it inside the evidence


room.

COURT:
Q : Evidence room inside the evidence vault of your office?

A : The evidence room, Your Honor is inside the chemistry section of


the officer, and with regards to the placement of the items in the
evidence room, I have no personal knowledge.

Q : So evidence room and then the evidence vault. Inside the room
is a vault, or the other way around?

A : The room itself, Your Honor, is like an enclosed….

Q : Inside the room is there any vault?

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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Q : Which could be considered as vaults? The boxes could be


considered or served as vaults?

A : Possible based on the definition, Your Honor.

COURT:
Continue.

ACP RICHEL R. SIRIBAN:


Q : Please examine the specimens again and tell us if these have
been tampered with from the time the said specimens left your
hands for the storage?

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.

ACP RICHEL R. SIRIBAN:


Ah, yes, Your Honor.

Q : Please examine the specimens and tell us your observation on


the condition of the specimens from the time you finished the….

COURT:
Could the Court do it for you?

ACP RICHEL R. SIRIBAN:


Ah, yes, Your Honor. Thank you, Your Honor.

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
x- - - - - - - - - - - - - - - - - - - - - - - - - - - -x

affixed my personal markings and I placed it in a bigger plastic


container and sealed that with a masking tape and affixed my
personal markings. These are the same conditions when I
turned them over to the evidence custodian for safekeeping.

COURT:
Okay. Satisfied now, Prosecutor?

ACP RICHEL R. SIRIBAN:


Yes, Your Honor. May I request, Your Honor, that the specimens
be marked as our Exhibits…. the one with marking “DCA-1” as
Exhibit “A”, “DCA-2” as “B”….

We may ask that the specimens identified by the witness with


markings “DCA-1” to “DCA-12” be marked as our Exhibits “A” to
“L”, respectively.

COURT:
Okay. Do the markings, Madame Interpreter.

MRS. ROIDA MAY B. AMOSIN:


Yes, Your Honor.

ACP RICHEL R. SIRIBAN:


That would be all, Your Honor. May I just manifest that the
prosecution is turning over the specimens to this Honorable
Court, Your Honor?

COURT:
Your manifestation is noted.

ACP RICHEL R. SIRIBAN:


Thank you, Your Honor.

COURT:
Madame Interpreter, are you done with the markings?

MRS. ROIDA MAY B. AMOSIN:


Not yet, Your Honor.

ACP RICHEL R. SIRIBAN:


And also, Your Honor, the prosecution is turning over the original
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 19 of 22 pages
x- - - - - - - - - - - - - - - - - - - - - - - - - - - -x

copy of Chemistry Report No. D-655-2018, marked as “HH” and


also the Chain of Custody Form, marked as “KK”, Your Honor.

COURT:
Your manifestation is noted.

Are you done?

MRS. ROIDA MAY B. AMOSIN:


Not yet, Your Honor.

ACP RICHEL R. SIRIBAN:


Also the Request for Laboratory Examination, the original copy
which was not marked, Your Honor, because the photocopy was
already marked.

COURT:
Cross?

ATTY. LEODEGARIO B. DADIVAS, JR.:


Yes, Your Honor. Few questions, Your Honor.

Good morning, Mr. Witness.

PMAJ. HERNAND G. DONADO:


Good morning, Sir.

ATTY. LEODEGARIO B. DADIVAS, JR.:


Q : In the Chain of Custody Form, particularly describing the items
subject of your examination, there is no entry on the remarks,
right.

A : Yes, Sir.

Q : So there is no discussion as to the appearance or condition of


the items, right?

A : Sir, the description of the evidence is stated in the description or


the item column, Sir, of the description of evidence.

Q : That is the twelve sealed transparent plastic sachet, correct?


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 20 of 22 pages
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A : Yes, Sir.

Q : As to the entry on the “delivered by”, by one PO2 Fontenilla,


there is also no entry on the remarks as to the condition of the
items, correct?

A : There were no entries on the remarks.

Q : Okay. And there are also no entries on the "received by PO1


Nedy Jean Jolin" as to the conditions of the items in the remarks,
right?

A : There were no indicated entries on the remarks part.

Q : And as to the items received or examined by PSI Donado there


is no also entry as to the condition of the items as stated in the
remarks, correct?

A : There were no entries in the remarks.

Q : Now, based on the chain of custody form, it appears that the


items were received by PO1 Jolin on August 25, 2018, at about
2:50 p.m., correct?

A : Yes, Sir.

Q : And it was received by you as appearing in this document on the


same date but at about 3:10 p.m., correct?

A : Yes, Sir.

Q : There was, apparently, a twenty-minute gap, correct?

A : Yes, Sir.

Q : And you have no idea what happened to those items during that
twenty-minute gap, correct?

A : Yes, Sir.

ATTY. LEODEGARIO B. DADIVAS, JR.:


That would be all, Your Honor.
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 21 of 22 pages
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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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Public prosecutor Associate City Prosecutor Richel R. Siriban, defense


counsel Atty. Leodegario B. Dadivas, Jr., and accused Danilo Castillo y
Arrojado are all notified of this Order in open court.

Send copies of this Order to the complaining police officer and the
Philippine Drug Enforcement Agency (PDEA) in Iloilo City.

SO ORDERED.

Done in open court.

Roxas City, Capiz, Philippines; 09 November 2023.

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.

JENNIE ROSE S. SOLOCASA


Court Stenographer III

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