People v Severino

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    REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGION

    REGIONAL TRIAL COURTBRANCH 204

    MUNTINLUPA CITY

    PEOPLE OF THE PHILIPPINES, Plaintif

    !"#$%&%! C$i'inal Ca%# N( 0)!*)+FOR -i(lati(n (. S#/ti(n + (.

    RA * )+

    JOSELITO SE-ERINO,A//&%#1

    !!!!!!!!!!!!!!!!!!!!!!!!!!!!!C$i'inal Ca%# N( 0)!*))FOR -i(lati(n (. S#/ti(n (.

    RA * )+

    IBRAHIM DOMAOB, A//&%#1

    !!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    C$i'inal Ca%# N( 0)!*)3FOR -i(lati(n (. S#/ti(n (.

    RA * )+

    RAHMAN DECAMPONG, A//&%#1

    !!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    E-IDENCE FOR THE PROSECUTION

    Joselito Severino, a house painter, was the subject of a buy bust operation

    conducted by the Special Anti-Illegal Drugs Special Operation Tas !orce

    "SAID-SOT!# of the $untinlupa %olice& A 'tip( fro) the con*dential infor)ant

    of the said police o+ce pro)pted the creation of an arresting tea)co)posed of *ve police o+cers and was charged of the )ission of arresting

    a certain person who allegedly is engaged in the proliferation of illegal drugs&

    hief %olice Superintendent dgar !errater instructed the tea) to conduct a

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    buy bust operation, surveillance and possible arrest of the alleged drug

    pusher whose na)e was un nown to the arresting tea) and their

    con*dential infor)ant& %olice O+cer .ondivar /ernae0, one of the arresting

    o+cers or operatives, was presented as *rst witness by the prosecution& In

    his testi)ony he ad)itted that the na)e of the subject for their buy bust

    operation was un nown to the) and to their infor)ant& 1ut, their infor)ant

    nows the subject when he sees hi)& The tea) decided that the infor)ant

    will acco)pany the poseur buyer, %olice O+cer 2ary Arandia, in order to

    help the) identify the subject of the buy bust operation& The tea)

    asse)bled and prepared in their o+ce all the necessary docu)ents including

    the %re-Operation .eport and oordination which was sent to %D A which

    issued the erti*cate of oordination& The said certi*cate gave the arresting

    tea) legiti)acy to conduct the )ission&

    The tea), led by S%O3 Joel 4ega, went to 1arangay %oblacion to conduct

    their surveillance and possible buy bust operation, but, yielded negative

    results& They went ne5t to 1arangay %utatan that gave the) the sa)e

    negative results& On or about 33678 on the night of 9ove)ber :, 788:, the

    tea) leader received a te5t )essage fro) their con*dential infor)ant telling

    hi) that the subject of their buy bust operation is present in 1arangay

    Alabang& The tea) went to 1albanero o)pound in 1arangay Alabang where

    their subject is located according to the infor)ant& It was here where %O3

    Arandia together with the infor)ant acted as poseur buyers and after

    positioning the)selves in a particular area in the co)pound, the target of

    their operation showed up and transacted with the)& After the poseur buyers

    gave the )ar ed )oney, the suspect pulled out fro) his poc et a clear

    sachet with crystalline substance, which turned out to be )ethyl

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    a)pheta)ine hydrochloride or shabu after it was brought and e5a)ined at

    the %olice ri)e ;aboratory&

    ed, but, was grabbed by /ernae0 who heeded to the yelling of =angson and

    who pointed to the person as one of those who) he is arresting& The tea)

    arrested a total of four suspected drug peddlers and they brought the) to

    their o+ce& The four arrested were infor)ed why they were arrested and

    infor)ed the) of their rights& The four )alefactors were identi*ed as

    Joselito Severino, Ibrahi) Do)aob, .ah)an Deca)pong, and $oha))ad

    O)ar& All these four together with the clear plastic sachets recovered fro)

    the) were brought to the ri)e ;aboratory for drug testing and e5a)ination

    which all yielded positive results&

    E-IDENCE FOR THE ACCUSED

    On 9ove)ber :, 788:, at around si5 o?cloc in the evening, the accused was

    wal ing and going to %uro @ of 1arangay Alabang& /e passed by 1albanero

    o)pound in the sa)e barangay& /e so a co))otion ahead of hi) and his

    initial reaction was to avoid the said co))otion by proceeding to another

    alley in the co)pound& /e )et *ve ar)ed )en who) he does not now,

    but, he was told to raise his hands and so he did what he was told&

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    bow their heads as well& The three )en plus another )an who is li ewise

    that night were brought to a nearby super)ar et and to the police station in

    the co)pound of $untinlupa ity /all afterwards& They were all put to the

    detention cell for reason they do not now up to that )o)ent& The accused

    was surprise when he learned that he is being charge of drug pushing to

    which he said he is innocent and has nothing to do with& /e alleged that the

    )other of one of the )e)bers of the tea) that arrested hi), =angson, was

    his )other?s neighbour who had a grudge on his fa)ily& =angson?s )other is

    annoyed whenever there is a celebration in the house of the accused,

    particularly when they started using their video e& The last ti)e =angson

    had an argu)ent with the accused?s )other was eight years ago&