Team Defenders of Dangerous Drugs ENTRY OF APPEARANCE: PROSECUTION: blah, blah, blah DEFENSE: Sir Tuyugon: Your honor,

my name is Atty. Julito Tuyugon. I and my co-counsels are representing Mr. Freddie Marinay and Mr. Crispin Sajulga, the accused in this case. Pearl: Atty. Pearl Joan Cabunoc, appearing for the defense, your honor. Dino: Atty. Dino Lacio, appearing for the defense, your honor. Essa: Atty. Ma. Essa Elica, appearing for the defense, your honor. Karl: Atty. Karl Maximo Estacion IV, appearing for the defense, your honor. Ma-an: Atty. Marianne Aiza Ga, appearing for the defense, your honor. Shylla: Atty. Shylla Fe Daypuyat, appearing for the defense, your honor. Berch: Atty. Berchman Melendez, appearing for the defense, your honor. That is all for the appearances for the defense, your honor. -----------------------------------------------------DIRECT EXAMINATION-------------------------------------------Defense Counsel: With permission from this court, your Honor. Atty. Tuyugon for the defense. May I proceed with the cross examination? Judge: Proceed counsel. I. QUALIFICATIONS OF THE POLICE OFFICER Mr. Tuyogon 1. Mr. Witness, youve been a police officer for at least _ years correct? 2. Youve been in the service since ______? 3. Your basic training, of course, includes search and arrest, right? 4. This case involves the application of your knowledge regarding search and arrest, correct? 5. In the __ years of your service, have you handled alot of drug-related cases? 6. More than 5? 10? 20? drug-related cases? 7. The incident that happened between November 24 and 25, 2011 was not the first time that you ever handled a drug-related case, correct? 8. So you have more than adequate knowledge regarding drug violations? Defense Counsel : Your Honor, may I call on my co-counsel to continue the cross examination? II. MOBILE SURVEILLANCE OPERATION Pearl Defense Counsel: Atty. Cabunoc for the defense your Honor, may I proceed with the cross examination? Judge: Proceed. 9. Mr. Witness...I want to talk to you about the night of November 24, 2011..... That night at around 11:30PM, you and your fellow complainants went to Villa Azura, right? 10. Your purpose in going there is to conduct a Mobile Surveillance Operation for motorcycle thieves, correct? 11. Was there a memorandum order issued to conduct that Mobile Surveillance Operation? (If YES, did you carry it with you during your surveillance?) 12. Did you use a patrol car for the Mobile Surveillance Operation conducted on November 24, 2011? So it was a private vehicle then?

13. Were you in your official uniform when you conducted the surveillance on the evening of November 24, 2011? You were in your civilian clothing at that time? Objection of Prosecution: That question was already answered by the witness, your Honor. Judge: I rule, rule, rule on that objection. Blah, blah, blah Defense: (if allowed to rebut objection) It is just a clarificatory question regarding his testimony, your Honor. To check his consistency in answering the given questions. In other words, testing his credibility. Chikahi si sir. 14. So then Mr. Witness, the defendants couldnt have known you were police officers before you introduced yourself to them, is it not? Objection: The witness is not in the better position to answer that question, your Honor. Judge: TOMOH. I rule on that objection. Defense: (if allowed to rebut)Shhh...paghelom . HEHE. The defense just want to emphasize that the police officers did not make it obvious that they were police officers. So how come that they seem to allege that accused stopped immediately upon sensing the presence of police officers. Thereby making it seem like they were trying to hide some criminal activity. Chikaness. 15. Therefore, Mr. Witness, is it not a logical conclusion that the defendants stopped and parked their vehicle not because they sensed the presence of police officers? DEFENSE COUNSEL: Your honor, may I request my co-counsel to continue the cross-examination? Judge: (Kaw gud.) Proceed counsel. III. OBSERVATIONS OF THE POLICE OFFICER Mr. Lacio DEFENSE COUNSEL: Atty. Lacio for the defense, your honor. May I proceed with the crossexamination? Judge: Proceed. 16. At around 12:30 am of November 25, 2011, you and your companions decided to leave Villa Azura, is it not? 17. You were about to exit Villa Azura when you saw the motorcycle of Mr. Marinay and Mr. Sajulga, right? 18. That time you were still not able to completely exit the subdivision when you saw them, correct? 19. Were you facing the highway that time? 20. When you saw the single XRM motorcycle colored red, was it still traversing the highway? 21. Where did they park their motorcycle? 22. You were still inside your (private) vehicle when you saw the motorcycle, right? 23. Did the motorcycle park in a well-lit area? 24. All of you could clearly see the motorcycle? 25. How far was the motorcycle when you saw it? 26. All of you could see the two(2) men disembarking from that motorcycle? 27. Could you see them clearly at that distance? 28. Could you see their faces? 29. Did you recognize them? 30. *Did you know my clients before the incident that happened between November 24 and 25, 2011? Defense Counsel : Your Honor, I request my co-counsel to continue the cross-examination. Judge: Proceed.

IV. SUSPICIOUS CONDUCT Essa Defense Counsel: Atty. Elica, your Honor, may I continue with the cross-examination questions? Judge: Proceed. 31. When you saw them, could you see what they were doing after they disembarked? 32. Did they look threatening? 33. Did they look like they were armed? 34. You presumed that the reason why they sat immediately was because they sensed the presence of police officers, correct? 35. Do you consider sitting immediately on a concrete barrier upon sensing the presence of you and your fellow police officers as an unusual or suspicious conduct? 36. This unusual or suspicious conduct is the reason why you decided to investigate the two(2) men, right? 37. While they were sitting on the concrete pavement did they do an overt act indicating that they just committed a crime? 38. Did they do an overt act that they were committing a crime? 39. Did they do an overt act that they just attempted to commit a crime? 40. What possible crime or offense then, Mr. Witness? 41. All in all, you consider their act of sitting immediately on a concrete barrier upon sensing your presence as a suspicious conduct, am I correct? 42. Is it an illegal or criminal conduct? Defense Counsel: Your Honor, may I call on my co-counsel to continue with the cross-examination? Judge: Proceed. V. TRAFFIC VIOLATION Karl Defense Counsel: Atty. Estacion for the defense, your honor. May I proceed with the crossexamination? Judge: Proceed. 43. After seeing the suspicious conduct of the accused, you proceeded to park your vehicle beside their motorcycle, correct? 44. Their motor vehicle was not in transit anymore at that time, correct? 45. Did you deliberately park your vehicle near the motorcycle to investigate the accused? 46. Did you and your companions disembark from your vehicle after parking near the motorcycle? 47. Was it you who saw that the plate number is already dilapidated? 48. Is having a dilapidated plate number a traffic violation? 49. Driving without proper documents is also a traffic violation, am I right? 50. As a police officer, what is the general procedure when you apprehend someone for a traffic violation? 51. For the traffic violation that they committed, did you intend to confiscate their drivers license? 52. Did you intend to issue a Traffic Citation Ticket? 53. Did you intend to arrest them for the said traffic violation? 54. When you accosted them for the traffic violation, did they flee? 55. Was there an attempt to flee on their part? 56. Did they resist your questioning? Defense Counsel : Your Honor, may I request my co-counsel to continue the cross examination? Judge: Proceed Counsel.

VI. POUCH TIME Ma-an Defense Counsel : Atty. Ga for the defense, your Honor. May I proceed with the cross-examination? Judge: Proceed, counsel. 57. Mishtah Witness, after you questioned them about their identification and the documents of the motorcycle, you proceeded to look at the Chassis and Engine Number of the motorcycle without a search warrant, correct? 58. During that period of time.. while you were verifying the Chassis and Engine Number, Mr. Marinay and Mr. Sajulga were not under arrest, correct? 59. You found the pouch while checking the Chassis and Engine Number of the motorcycle, correct? 60. When you found the pouch, was it closed? 61. Did you ask Mr. Marinay and Mr. Sajulga who was the owner of the aforementioned pouch? 62. What did the pouch look like? 63. Was it a transparent pouch? 64. Prior to opening the pouch, you did not know what was inside, correct? 65. Did you ask permission from my clients to open the pouch? 66. Did they allow you to open the pouch? 67. You opened the pouch when my clients were not under arrest, correct? 68. Upon seeing the three(3) pieces of heat-sealed transparent plastic sachet containing white crystalline substance believed to be Shabu, did you immediately place them under arrest? 69. For what crime did you arrest them, Mr. Witness? 70. So you seized the alleged 0.3403 grams of shabu, prior to arresting the accused for transportation of dangerous drugs? Defense Counsel : Your Honor, my co-counsel will continue with the cross examination. VII. CHAIN OF CUSTODY Shylla Defense Counsel: Atty. Daypuyat, your honor. May I continue with the cross-examination? Judge: Proceed. 1. Mr. Witness, are you familiar with RA 9165? Particularly Section 21, Art II of the said law? 2. Mr. Witness, did you prepare an inventory of the objects seized? 3. Was it prepared before the arrest? 4. Was it prepared after the arrest? 5. Am I correct Mr. Witness that the inventory was prepared not in the place where it was seized? 6. Potential follow-up question if answer in No. 24 is YES: But Mr. Witness, you mentioned a while ago that the place was well-lit, am I right? You mean to say, even if the area was well-lit and you were able to clearly see the motorcycle, the place was still not conducive for the making of the inventory? So it was prepared in the police station? 7. Were you alone when you prepared the inventory? 8. Were you with your fellow complainants? 9. Were they situated in such a way that they can clearly see what was being written in the inventory by SPO1 Del Rosario? 10. Was the accused with you when it was prepared? 11. Am I correct Mr. Witness that the inventory was prepared not in the place where it was seized? 12. Now, you were supposed to require the accused to sign this inventory, correct? 13. Did you have him sign this inventory?

14. Did your fellow complainants sign the inventory? - Your Honour, we would like to call the attention of this honourable court to Exhibit C as presented by the prosecution. It is a copy of the receipt for property seized. Only three out of four seizing officers were able to sign Your Honour. However, no witness signed the inventory. Even the accused himself did not sign. Defense Counsel: Your honor, I would like to request my co-counsel to continue the crossexamination. VIII. Handling - Berch Defense Counsel: Atty. Melendez for the defense, your honor. May I continue the crossexamination? Judge: Proceed. 1. Did you immediately mark the evidence after seizing it? 2. Did you mark it at the place where they were seized? 3. So, you only marked it after you brought them to the police station? 4. Did you immediately photograph the items seized in the crime scene? 5. You photographed it only in the police station, correct? 6. Who were present during that time? 7. Mr. Freddie Marinay and Crispin Sajulga were present, correct? 8. Where were you when it was marked? 9. Were the accused present? 10. Did you mark the 3 heat-sealed plastic sachets? 11. Who is the custodian of the items seized upon proceeding to police station? 12. Who handed the property seized to the chemist in your laboratory? 13. Was it the same sealed plastic sachet that you marked? 14. Who received the items in the laboratory? 15. Was PO2 Balacase with you when you submitted the same to the PNP Crime Laboratory? 16. Is PO2 Balacase one of the members of the apprehending team? If yes, he did not sign the joint memorandum of apprehension that the apprehending team executed correct? Your Honor, we would like to point out that Exhibit __ (the joint affidavit of apprehension), the name of PO2 Balacase does not appear as one of the apprehending officers. DEFENSE COUNSEL : NO FURTHER QUESTIONS FOR THE CROSS EXAMINATION, YOUR HONOR. Judge: Re-direct? PROSECUTOR: Yes, your Honor. -----------------------------------------------------RE-DIRECT------------------------------------------------------------------PROSECUTOR: No more questions, your Honor. Judge: RE-CROSS? DEFENSE COUNSEL : Yes, your Honor. ----------------------------------------------------RE-CROSS---------------------------------------------------------------------1. Where did you find the pouch containing the alleged white chrystaline substance? 2. Did you find it in the outer clothing of Mr. Freddie Marinay? 3. Did you find it in the outer clothing of Mr. Crispen Sajulga? DEFENSE COUNSEL : No more questions for re-cross examination, your Honor.

----------------------FORMAL OFFER OF EVIDENCE BY THE PROSECUTION----------------------------------------------

PROSECUTOR: Your Honor, we are now resting the case for the prosecution. Judge: How do you intend to submit your formal offer? PROSECUTOR: We can now offer our evidence, Your Honor. Judge: Proceed. PROSECUTOR: OFFERS EVIDENCE blah, blah, blah ...closing arguments mode...grrrr Judge(referring to the defense): Any comment? DEFENSE COUNSEL: (sample lang ni from the net since I still dont have the list of all the exhibits intended to be offered by the prosecution) As to Exhibits A, A-1, A-2 and A-3 we admit the existence and authenticity, Your Honor. As to Exhibit B, we admit its existence but not its purpose. As to Exhibits C and C-1, we can only admit as to the existence of the text messages but not its authenticity. As to Exhibit D and D-1, we admit the existence and authenticity, Your Honor. As to Exhibit E, we admit its authenticity and genuineness. As to Exhibit F, we admit its existence but not its purpose. ------closing arguments mode if allowed by Atty. Valdez..grrr COURT: Acting on the formal offer of exhibits of the prosecutor and comments thereon by the defense counsel, the Court resolves to admit all the exhibits offered by the defense counsel specified in the offer. ---the ENDpicture-picture...Antons mode. Kaon ta daghan. Mamawi ta sa kakapoy og kaulaw. P.S.: TO THE DEFENSE, PLEASE EDIT YOUR PARTS IF YOU FIND SOMETHING WRONG IN THE WAY THE QUESTIONS WERE PHRASED OR IF THE QUESTION IS REDUNDANT. YOU CAN ASK NON-LEADING QUESTIONS IF LEADING QUESTIONS ARE NOT NECESSARY. JUST MAKE SURE THAT THE ANSWER TO SUCH QUESTION IS CERTAIN OR CAN ALREADY BE GLEANED FROM THE EVIDENCE. THANKS. TO BOTH TEAMS, WE CAN DO IT! WERE ALL IN THIS TOGETHER ALA HIGH SCHOOL MUSICAL. BEST OF LUCK AND GOD BLESS, EVERYONE. YAY!