Group 4 presentation

Antecedent Facts:

On april 12 2022, police corporal Erickson romero along with 8 pnp personnel,
conducted a buy bust operation in bliss bonuan binloc. The subject is jose leandro
parayno. With the help of a confidential informant, police corporal romero bought
from accused 3 grams of shabu, in exchange for 2000 peso marked bills.

ARRAIGNMENT

JUDGE : Villanos
CLERK OF COURT : Pulgar
PUBLIC PROSECUTOR : Pastrana
DEFENSE COUNSEL : Rosario
ACCUSED : Parayno

PRE-TRIAL CONFERENCE

JUDGE: Villanos
CLERK OF COURT: Pulgar
PUBLIC PROSECUTOR:
1. Pastrana
DEFENSE COUNSEL:
1. Rosario

CRIMINAL CASE NO. 29132022

PEOPLE OF THE PHILIPPINES V. Jose Leandro Parayno

Clerk of Court: All rise! The Court is now in session, silence is hereby enjoined.
Honorable Judge Lian Paul Villanos, presiding. Let us pray.

Almighty God, we stand in Your Holy Presence as our Supreme Judge. We

humbly beseech You to bless and inspire us so that what we think, say and do will be in
accordance with Your will. Enlighten our minds, strengthen our spirit and fill our hearts
with fraternal love, wisdom and understanding, so that we can become effective channels
of truth, justice and peace. In our proceedings today, guide us in the path of righteousness
for the fulfillment of Your greater glory. Amen.

Judge: Court is now in session. (stamp gavel) Call the cases.

ARRAIGNMENT

Clerk of Court: For arraignment, Criminal Case No. 69420 People of the Philippines v.
Jose Leandro Parayno for violation of Section 11, Article II of Republic Act 9165,
Possession of Dangerous Drugs.
Clerk of Court: Appearance for Prosecution and the Defense.

Prosecutor: Your honor, I am Atty. Mark Pastrana, appearing as a public prosecutor.

Defense: Your honor, I am Atty. Keizelene Rosario, defense counsel for the accused.

Judge: Is the accused around?

COC: Yes your honor. Please approach the bench.

Judge: Arraign the accused.

Clerk of Court: What language do you understand?

Accused: English, sir.

COC: Criminal case No. 69420. People of the Philippines vs. Jose Leandro Parayno

Accused Jose Leandro Parayno commits a crime for violation of Section 11, Article II
of R.A. 9165, possession of Dangerous Drugs.

That on the 12th of April, 2022, in the City of Dagupan, Philippines, and within the
jurisdiction of this Honorable Court, the accused, without authority of law, did then and
there willfully, unlawfully and feloniously have in possession, custody and control
Methamphetamine Hydrochloride (Shabu) weighing 3.0 grams, knowing that same to be
dangerous drug under the provisions of the above-cited law.

Contrary to law.

Judge: Do you understand the crime charged against you?

Accused: Yes, your honor.

COC: What is your plea?

Accused: Not guilty, your honor.

COC: The accused pleaded not guilty your honor.

Judge: Let it be on the record that the accused pleaded not guilty for the crime of
possession of Dangerous Drugs, pursuant to Section 11, Article II of R.A. 9165. The
information was read to him in English, a language known and understood by the
accused. Also, Atty. Keizelene Rosario, the defense counsel of the accused assisted him
in this arraignment.

Prosecutor: Your honor, we would like to set the case for pre-trial on June 5, 2022.

Judge: Are you amenable with the schedule defense counsel?

Defense Counsel: Yes your honor.

Judge: Ok set the pre-trial of the case on June 5, 2022.

Judge: In today’s trial, the arraignment of the accused in Criminal Case No. 69420 is
conducted. The information is read to him in English a language known and understood
by him. Defense counsel Atty. Keizelene Rosario assisted the accused. The accused
pleaded not guilty for the crime charged against him.
 No objections both for prosecution and defense, the case is set for pre-trial on
June 5, 2022. Notify the parties thereto. So ordered.

PRE-TRIAL CONFERENCE

Clerk of Court: Criminal Case No. 69420 People of the Philippines v. Jose Leandro
Parayno for violation of Section 11, Article II of Republic Act 9165, Possession of
Dangerous Drugs, for pre-trial conference.
Judge: Appearances?

Prosecutor: For the prosecution, Your Honor, representing the People of the Philippines,
I am Atty. Mark Pastrana, Assistant City Prosecutor.

Defense Counsel: Good afternoon Your Honor, for the defense, representing the
accused, I am Atty. Keizelene Rosario, Your Honor, for the defense and we are ready.

Judge: Are parties willing to agree to enter into a plea-bargaining?

Prosecutor: Your Honor Please, the prosecution does not desire to enter into plea-
bargaining

Defense Counsel: Your Honor Please, the defense does not also desire to enter plea
bargaining.

Judge: Alright, mark your exhibits

Prosecutor: With the permission of this Honorable Court. Your Honor Please, the
prosecution will present the following documentary evidence and mark as prosecution’s
exhibits:

[marking]

Prosecutor: The prosecution, Your Honor, reserves its right to introduce submarkings to
the pre-marked exhibits and present other documentary evidence during the course of the
trial, subject to further directions and limitations that this Honorable Court may impose.

Judge: Alright, subject to the 3-day notice rule, otherwise the evidence shall not be
considered by this court. How about the defense? Mark your exhibits.

Defense: With the permission of the Honorable Court. Your Honor Please, the defense
will present the following evidence and request that these be marked as follows:

[marking]

Defense: The defense, Your Honor, reserves its right to introduce submarkings to the
pre-marked exhibits and present other documentary evidence during the course of the
trial, subject to further directions and limitations that this Honorable Court may impose

Judge: recognized, subject to the 3-day notice rule, otherwise the evidence shall not be
considered by the Court. Any admission?

Prosecutor: Yes Your Honor, the prosecution requests for the admission by the defense
of the jurisdiction of the Honorable Court and try this case.

Defense: We admit, Your Honor.

Prosecutor: Second, the identity of the one charged in the information and that of the
person arraigned is one and the same.

Defense: We admit, Your Honor.

Prosecutor: Lastly, the date and place of the commission of the crime.
Defense: We admit your Honor.

Prosecutor: No further request for admission, Your Honor. Thank you.

Judge: Alright. Any objection from prosecution counsels?

Defense: No objection for the meantime, Your Honor.

Judge: Okay.

Defense: With the permission of the Honorable Court. Your Honor Please, the defense
requests for the admission by the prosecution of the following exhibits already earlier
pre-marked.

FIRST, CHEMISTRY REPORT NO. D-100-1, the genuineness and due

execution of the said PNP Crime Laboratory result issued by the Crime
Laboratory, SOCO Urdaneta, Pangasinan and the truth and findings of facts
therein stated to dispense with the necessity of presenting expert testimony on the
matter. The Crime Laboratory result of the items confiscated from the accused is
pre-marked as Exh. A for the defense and we are showing the prosecution and
court a copy of it.

Prosecutor: The prosecutor admits Your Honor.

Defense: SECOND, we would like to request for the admission by the prosecution of the
Spot Report issued by the Police Chief Inspector and the Chain of Custody Form pre-
marked as Exhibits B, to recognize the compliance of the PNP Operatives to the standard
protocol.

Prosecutor: We admit, Your Honor.

Defense: No further request for admission, Your Honor. Thank you.

Judge: So, what is the pleasure of the prosecution?

Prosecutor: We submit, Your Honor.

Judge: Okay. So, what are the issues to be resolved?

Prosecutor: Your Honor Please, the prosecution submits issued to be resolved, whether
the accused committed the offense charged in the Information.

Judge: How about the defense?

Defesense: Yes Your Honor, the defense submits the following issues to be resolved:
1. Whether there was a valid arrest
2. Whether the PNP Operatives followed the standard protocol;
3. Whether the custody of alleged evidence allegedly confiscated from the defendant
was not tampered; and
4. Whether the defendant is guilty thereof.

Judge: Okay. How about the witnesses

Prosecutor: The prosecution will present 5 witnesses, Your Honor.

 First, poseur buyer, police corporal Erickson Romero, one of the
Arresting Officers, to prove that a buy bust operation was conducted that
led to the arrest of the accused;
Second, Evidence Custodian Wincy Pulgar, one of the Arresting
Officers who delivered the confiscated items to SOCO Urdaneta, to prove
the compliance of the Chain of Custody;
Third, Charlemagne Papio, a media practitioner to prove that the
arresting team conducted the surveillance operation, arrest and proper
processing of the suspect;
Fourth, barangay representative Leandro Parayno, to prove that
coordination was made and the confiscated substance came to the
possession of the suspect; and
Fifth, forensic chemist Dr. Charlemagne Papio, to testify that he
conducted the laboratory examination of the confiscated substance and the
final result thereof after undergoing laboratory chemistry.

The prosecution reserves its right to present other witnesses in the course
of the trial, Your Honor.

Judge: Alright, how about the Defense, how many witnesses?

Defense: Your Honor Please, the defense will also present 2 witnesses.

First, the accused himself, to prove that he was illegally arrested and
after through search of the PNP Operatives on his person and found
nothing illegal, they planted evidence to him;
Second, Deputy P/Supt. Wincy Pulgar (Gerard Jose), PNP-DEA, to
prove that the chain of custody of the said alleged drugs taken in the
defendant possession did not follow the standard protocol.

The accused, Your Honor reserves his right to present other witnesses in
the course of the trial.

Judge: Any other matters?

Defense: Your Honor, as for now, we have no more things to discuss.

Judge: Alright, are the parties willing to consider the pre-trial terminated?

Both: Yes, Your Honor.

Judge: Order. In today’s Pre-Trial Conference, Atty. Mark Pastrana appeared for the
prosecution, and Atty. Keizelene Rosario appeared for the accused.

Judge: During the pre-trial, there was no agreement between the parties as to the
possibility of plea-bargaining of the case.

STIPULATION OF FACTS BETWEEN THE PARTIES

The complainant, through Public Prosecutors and the accused, through his
counsels stipulated on the following that:
1.
2.
3.
ISSUES TO BE TRIED OR RESOLVED

The prosecution would like the following issues to be resolved:

 1. Whether or not the accused committed the offense charged in the Information

On the other hand, the defense would like the following issues to be resolved:

1. Whether there was a valid arrest

2. Whether the PNP Operatives follow the standard protocol;
3. Whether the custody of alleged evidence allegedly confiscated from the defendant
was not tampered; and
4. Whether the defendant is guilty thereof.

EXHIBITS MARKED AS DOCUMENTS

The prosecution marked the following exhibits:

1. Exhibit A –
2. Exhibit B -
3.

And the prosecutions reserve their right to mark other documentary exhibits
which are not yet available if the need arises.

The defense marked the following exhibits:

1. Exhibit 1
2. Exhibit 2

WITNESSES TO BE PRESENTED

The prosecution will present the following witnesses:

1)
2)
3)

The defense will present the following witnesses:

1) The defendant himself,
2) The defendant’s neighbor;

The defense counsels reserve the right to present other witnesses not herein
enumerated as deemed necessary.

The pre-trial of this case is hereby terminated. No objections both for prosecution and
defense, the case is set for trial on October 2, 2022. Notify the parties thereto. So ordered.