REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

THURD JUDICIAL REGION
BRANCH 57, ANGELES CITY
THE PEOPLE OF THE
PHILIPPINES

-Versus- CRIM CASE NO.DC 10-1853

RIZZA BADILLO Y GREMIO For violation of Sec 5,
ARTICLE II OF R.A 9165
X--------------------------------/

ORDER

The accused Rizza Badillo Y Gremio stands charged for Violation of
Section 5 of Article II of RA 9165 that is hereby quoted:


That on or about the 16
th
day of September 2010, at
Angeles City, Philippines, and within the jurisdiction of this
Honorable Court, the above named accused, did then and there
willfully, unlawfully and feloniously sell and/or deliver to a poseur
buyer two (2) packs containing cocaine weighing FIVE HUNDERED
(550) GRAMS and FOUR HUNDRED TWO (402) GRAMS
respectively, which is a dangerous drug, without authority
whatsoever

CONTRARY TO LAW.

On December 9, 2010 the accused appeared in court together with
Atty. Anselma Medina, appointed as counsel de-officio in her favor only for
purposes of arraignment and upon arraignment and reading the information
on Tagalog, a dialect known and spoken by her, accused Riza Badillo
entered a plea of NOT GUILTY for violation of Section 5 of RA 9165.

During the pre trial conference and initial trial the prosecutor asked
several stipulations but only he identity of the accused was admitted by Atty.
Anselma Medina. Thereafter the prosecutor marked the following
documents.
EXHIBIT A and sub markings AFFIDAVIT OF APPREHENSION
EXHIBIT B Custodial Investigation Report
EXHIBIT C and sub markings- Inventory of confiscated items
EXHIBIT D and D-1- request for laboratory examination
EXHIBIT E and sub markings- Chemistry Report No. 090 2010

The prosecution called its first witness PO1 Raymond Dayrit for
direct-examination that he will testify to prove the material allegations in the
information; he will testify that he was indeed the poseur buyer in he buy-
bust operation conducted against the accused on September 16, 2010 that he
joined the PNP since 2004 and up to the present and he was assigned at City
Anti-Illegal Drugs Special Operation Task Group as Intel-operative. That as
Intel-operative he conducts surveillance monitoring against illegal trade
within the AOR that on September 16, 2010 around 3:00pm he was in the
office with the other Intel-operatives, that on that date a confidential
informant personally came in the office and revealed an information about a
certain Rizza who was involved in illegal drug trafficking activity within the
are of Balibago, Angeles City. That the confidential asset relayed the
information to him, and upon learning that information from he relayed it to
the chief of office who is PSI Neil Rainier Mercado. Upon relaying the
matter to PSI Neil Mercado he grouped them and briefed them to conduct
entrapment operation against the accused. That the members of the team will
be PO2 Arnel DG Briones, PO3 Arnedo Pineda, PO3 Roland Sanchez, PO2
Hersologo Trivino and him. that the kind of operation they will be
conducting is an entrapment operation against the accused, the venue of the
transaction is near the Lotto outlet in front of Savers Mall, McArthur
Highway, Balibago, Angeles City. That he was tasked as the poseur buyer
and PO2 Arnel DG Briones as back up and the rest of the team. That the
accused will be delivering P500,000.00 worth of cocaine, that the chief
during the briefing provided them marked money involved in that
transaction, upon receiving the marked money he put RMD on the marked
money. After the briefing and after being equipped with the marked money,
at around 3:30 in the afternoon they were dispatched by their office and
proceeded to the given location which is at Savers Mall, McArthur
Highway, Brgy Balibago, Angeles City. That the Chief provided
P500,000.00 to use for the operation, that he receive 500 pieces of 1000
pesos and put his markings only on the top of P1000.00 since all the money
were wrapped. That he only put his markings on 5 pieces of P1000.00, that
he put his markings at the name of Llane Escoda. That the other money are
not genuine and just cut out newspapers. That the confidential asset was the
one who made contact with the accused. That on or about 4:30 pm they
posted their selves on the vicinity on the agreed place, after a minute of
waiting the subject person came along. That before the subject person
arrived he was with the other intel-operative officer PO2 Arnel Briones. And
the confidential informant introduced him to the subject person.
On the continuation of the direct examination that when the accused
arrived the civilian informant introduced him to the subject person, after
short conversation regarding the drug deal he asked for the illegal drug, that
the accused handed over a blue colored handbag with GR Banking
markings, upon receiving the handbag he checked and verified the contents
of the bad and it yielded two packs of white crystalline substance packed in
a packing tape. Upon verification of the contents of the bag the accused
immediately demanded the money, but he did not give the money. Right
there and then, he introduced his self as police officer and announced the
arrest and frisked the accused and arrested her. That after he handcuffed the
accused the accused as well as the confiscated evidence were brought to the
office for documentation. That he has the possession of the confiscated
evidence from the target place to the office, and he brought the same
documentation and marked it with his initial RMD, that he was already in
the police station when he placed the marking on the said specimen which is
the items inside the blue colored handbag. The investigator PO2 Hersologo
Trivino done several documents regarding the arrested person. That when
the inventory was prepared the other operatives and the accused were
present. That there are several signatures in the document, that it is his
signature, the other one is the signature of Abel T. Reyes a barangay official
and the signature of the media representative and the other one is the
signature of Pros. Percival Atinaja the DOJ representative. Showing to him
another document is the same affidavit prepared in their office that PO2
Arnel Briones and him signed the affidavit.
On the cross examination of PO2 Raymond Dayrit the witness said
that part of his duty is to conduct surveillance with regards to illegal drug
activities within his area of operation. That on September 16, 2010 he
mentioned that there is a confidential informant who went to their office and
relayed that a certain alias Rizza was allegedly engaged in illegal drug
trafficking. That he did not conduct any surveillance to verify the
information relayed by the civilian informant. Upon receipt of the
information he just relayed it to the chief of police. That he did not have any
knowledge with regards to the identity of the accused relayed by the civil
informant. Upon relaying the information the chief of police allegedly
formed a group to conduct a buy-bust operation. That prior to the conduct of
the entrapment operation, there was no pre-operational order that was issued
by the higher ups stating the name of the suspect. That there was also no
coordination made by their office with any authority of Barangay Balibago.
That he identified a coordination form with the PDEA but he was the only
one who prepared the said coordination form. That the civilian informant
that he have known to him for two years is a drug user. And when he went to
the location of the operation he was with the civilian informant. That without
the civilian informant the entrapment will not be successful because the
informant is the one who knows the identity of the target person. That upon
arrival at the target place, as soon as they arrived the accused also arrived at
the location. That upon seeing the accused, the accused was just standing
and there is no illegal activity, that it was the civilian informant who have
the direct dealing with the accused. That the accused handed a blue colored
handbag to the informant, because the confidential informant was the one
who made the transaction, after that the informant handed the bag to him.
That after handing him the bag from the confidential informant he verified
the contents of the bag and he noticed that the content of the bag were two
packs sealed with packaging tape, that upon seeing them he assumed that the
contents of those two packs were cocaine. And upon his assumption he
immediately arrested the person and upon arrest he brought the accused to
the police station in Camp Tomas Pepito, and in the station, upon arrival he
turned over the two packs to the police investigator PO2 Trivino. That he
called the DOJ representative, the media and the barangay official. That
while he was calling the representative PO2 Trivino was the one who mas
making the documentation and inventory of the items. And after the
inventory that was the only time he placed his markings to those items,
which are allegedly seized from the accused. That the said media
representative, DOJ and elective barangay official were not present during
the entrapment operation, that there were no photographs taken during and
after the alleged entrapment operation. That the accused was not assisted by
a confidential or independent counsel preferably by her own choice at the
time she was arrested and brought to the police station.

The prosecution offered the second witness PO2 Arnel Briones to
proved the pertinent allegations in the information, that he became a police
office since September 29, 2005 up to present. That on September 16, 2010
he was assigned at the intelligence branch of the Angeles City Police office
and his duty and responsibilities is to conduct surveillance and possible
operation against illegal activities. That at the said date he was in the
vicinity of Sto. Domingo Angeles Police office that he was with other
persons from intelligence office namely PO2 Umayam, Sgt Pimentel, Sgt
Manaloto and other members of the team. And the other witness PO2
Raymond Dayrit was in the Drug Enforcement Unit. That on the same date,
during that time, officer Col. Poklai gathered them for a briefing regarding
such entrapment operation to be conducted by DEU which on the other
hand, it is a joint effort with them. That they will be conducting, based on
the briefing a possible entrapment operation against a certain Rizza. That he
was tasked as back up of PO2 Raymond Dayrit if the operation progressed.
After designating him as back up based from their briefing, the were going
to use money but the money are cut out papers and on top is a genuine
money and the bottom portion is also a genuine money. That there were 5
pieces of 1000 bills genuine money that were utilize. That he had
participation on cutting out the boodle money. That the cut out papers were
given to DEU and they were the ones who prepared the same. After the
preparation of the genuine money and the boodle money they waited for the
go signal from DEU. And it was about 3:30 to 4:00 pm when they had jump
off. That they arrived the entrapment location at about 4:00 in the afternoon.
That he was with PO2 Dayrit, the members of the DEU and members of the
intelligence office and the informant. Upon arrival in the agreed place they
positioned theirselves near the lotto outlet. That he was about 5meters away
from officer Dayrit and the informant. Then they just waited and then a
female individual approached them that he can see their having
conversation. That after few minutes of conversation, there was already an
arrest and that was the time he went to the place. That the reason why he
prompted to the place was from his judgment, there was already a
consummation and arrest. That during that time Sgt Dayrit had with him the
confiscated bag and was handcuffing the accused. Upon seeing that he
helped them and assisted them in bringing the accused to the camp. That
PO2 Dayrit personally arrested the person and he dont remember if officer
Dayrit conducted a body search. That he knows that officer Dayrit recovered
the confiscated bag. That he did not see the payment.

The continuation of the direct-examination of PO2 Arnel Briones, that
during last hearing he said that he assisted officer Dayrit in arresting and
bringing the accused to their office. That he saw officer Dingal bringing a
blue colored bag. That PO2 Dayrit was in possession of the said blue colored
bag from target place up to the office. Upon arriving at the office they
brought the accused to the DEU and prepared the proper documentation,
inventory of confiscated items, request for laboratory examination, joint
affidavit of apprehension, and custodial investigation report. That he cannot
recognize the documents he mentioned because he was not present when
those documents were being prepared. That he only seen the joint affidavit
of apprehension. That he was inside the DEU office when the documents
were prepared. That at that moment PO2 Raymond Dayrit Sgt Hesologo
Trivino and members of DEU were also present. Also the representative
from the DOJ, barangay elected officials and representative from media
were also present. That he was able to identify the custodial investigation
and the request for laboratory examination and the joint affidavit of
apprehension which he signed. He said that officer Dayrit carrying a blue
colored handbag and he recognized the blue colored handbag when was
shown to him. That he saw the blue colored handbag when he assisted them
in arresting the accused and also in going to the DEU office. That he did not
see the contents of the bag. That he did not bother to inquire the contents of
the blue colored handbag. That when they declared arrest he assumed that
the deal was positive. That he could only remember that he only see the blue
colored handbag that was taken from the target person.

On the cross examination of the witness PO2 Arnel Briones, that he
mentioned during the direct-examination that he was a member of the PNP
but he was not member of the PDEA; that on September 16, 2010 their
superior Col Poklay called him for a briefing; that he was sure that Col
Poklay was the one called on that date; that Col Poklay conducted a briefing
for a possible entrapment operation to a certain Rizza; that part of his duties
and responsibilities as PNP belonging to the Intelligence Branch of Angeles
City Police is to conduct surveillance operation for illegal drug activities
within the area; that after the briefing conducted by the superior he did not
conduct any surveillance operation to attest the veracity of the information
relayed to them by the superior; that during the briefing, other members of
the DEU were present; that PO2 Umayam, Sgt Pimentel and Sgt. Manaloto
were part of the entrapment operation; that he have no personal knowledge
with the personal circumstances of the target person; that after the briefing
and a team was formulated the informant was one of the companions; that
when they went to the target area he did not even search the person of the
informat if he or she is bringing anything during the operation; that the
informant placed an important role in the entrapment operation; that if not
for the informant the said operation will not be successful; that he was only a
back up during the operation; that he was five meters away from the poseur
buyer and the accused; that he just went to the scene for the arrest of the
subject person because he assumed that the transaction was consummated;
but he did not actually see the actual transaction; that a co-police officer
arrested the accused and seen a blue colored handbag; that when he see the
blue colored handbag it was already in the possession of the Police Officer
Raymund Dayrit; that he did not see the contents of the blue colored
handbag; that even in the police station he did not see the contents of the
blue colored handbag; that after the arrest of the accused they brought her to
the police station; that the documents were prepared in the station; that only
during that time when the DOJ representatives, the barangay official and
media were called to sign the inventory receipt that was made; that the DOJ
representatives, the barangay official and media were not present during the
operation; that he do not have any participation un that inventory of seized
items; that it was only officer Dayrit and other members of the team who
have participation to the inventory; that during that time he was in the
vicinity of the place; that when the affidavit of apprehension was prepared
he was not present; that it was office Dayrit requested him to affix his
signature of affidavit of arrest; that he only read the contents of the affidavit
before he affixed his signature; that he was not assisted by a competent and
independent counsel of her own choice.

On January 29, 2013 the prosecution formally offered its exhibits:
EXHIBIT A and sub-markings- affidavit of Apprehension, executed by PO2
Raymund M. Dayrit and PO2 Arnel Briones; EXHIBIT B- Custodial
Investigation Report; EXHIBIT C and sub-markings- Request for laboratory
examination; EXHIBIT D and sub-marking- Request for laboratory
examination; EXHIBIT E- chemistry report no D-090-2010; EXHIBIT F
and sub-markings- is the specimen cocaine wherein the defense counsel
Atty. Ponciano dela Cruz the court rules admit, though objected to EXHIBIT
A,B,C,D,E, and F with sub-markings.

On February 15, 2013 the defense counsel Atty. Ponciano dela Cruz
filed a Demurrer to evidence, considering the fact that he honestly believe
that the evidence presented by the prosecution in the instant case is
insufficient to prove the guilt of the accused beyond reasonable doubt.