Direct Examination of Arresting Ocer on Illegal Possession of Drugs Name of Witness: PO1 NiloBentresCabansi Philippine National Police, Baguio City
Purpo urpose se:: The The witn witnes ess s will will test testif ify y on the the arr arrest est made made to accused Antonio Mendoza for haing possessed illegal drugs! the testimony of P"#Ca$ans P"#Ca$ansii is $eing presented and o%ered to proe the following: &#' &#' &(' &(' & )'
&-' &-' & 0' &1' &1'
That That he is is amem amem$e $err of the the Phili Philipp ppin ine e Natio Nationa nall Pol Polic ice e $y profession! That That he wi will test testif ify y as one one of of the the witn witnes esse ses s for for the the Prosecution! That he is presently a mem$er of the Philippine National Police Criminal *nestigation and +etention roup! That That he was was the the one one who act acted ed as as a poseu poseurr.$ .$uy uyer er to to /uancho+ela Cruz! That he was the one who e%ected the arrest of accused /uancho+ela Cruz! and And An d to pro proe e suc such h rel rele ean antt mat matte ters rs22
Main testimony of the itness Mr2 Witn Witnes ess, s, how are are Prosecutor A!ellAlexis Aberin : Mr2 you employed3 *n other words, what is your profession3 : * am a $ona $ona 4de 4de mem$er mem$er of of PO1 NiloBentresCabansi the Philippine National Police2 : What hat is your your ran5 ran5 as a mem$e em$err of the the Phi hillip ipp pine " National Police3 A
: P"# ma6am2
: 7ow long hae you $een in the serice as a police " o8cer3 A : * ha hae $e $een in in s se erice fo for al almost ## ## ye years n no ow2 * started since (99-2
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: Where are you designated, Mr2 Witness3
A : * am currently designated at the Police tation ;, Baguio City, Ma6am2 :
:
: ince when hae you $een sering as a mem$er of " that group3 A
: * hae $een a mem$er of the PNP C*+ since (99;2
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: "n the ;th of Noem$er (9#0, were you wor5ing3
A
:
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: Were you assigned any tas5 on that day3
A : We were assigned to conduct a =uic5 sureillance $ased on the report our con4dential informant2
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: And what is the result of your sureillance3
A
: We con4rmed the truthfulness of the report of our
con4dential informant against the accused2
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: After con4rming the report, what happened ne>t3
A : *, together with P"# ?eslie @aguindin, our con4dential informant @ole> /urister+awaton, and the P+A men, conducted a meeting on how would our $uy.$ust operation will run2
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: And what did you conclude in the meeting3
A : That * will posed as the $uyer, and after the accused will hand me the merchandise &sha$u', * will gie the signal to my comrades2
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: Where did you conduct the $uy $ust operation3
A
: *n his stall, near their house in pper uarry, ma6am2
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: Will you tell us what happened then3
A : We arried in the area, * was in ciilian attire, * saw the accused a$out eight &;' meters and * approached him, ma6am2 : And since you pretended to $e the $uyer, was there " any conersation made $etween you as the $uyer and with the accused /uancho+ela Cruz3 A
:
: Can you tell the 7onora$le Court what was that " conersation3 A : * was as5ed, DAnong5ailangan5oD2 * pretended to $uy 5itchen utensils and said the secret code E* will $uy Magic arapF which is alleged to $e the phrase used $y customers to refer to a 92(0 gram of methamphetamine hydrochloride, commonly 5nown asshabu2 : What happened when you informed the accused a$out " the secret word 3 A
: * handed him a P#,999 peso $ill2
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: What happened after that3
A
: 7e handed me a small plastic sachet2
: +uring that time, did you 5now what was contained in " the plastic3 A : * suspected it to contain Esha$uF your honor due to the familiarity of the usual paraphernalia for the use of such prohi$ited drug2 : What did you do ne>t when you suspected that the " content of the plastic was sha$u3 A : * approached him and identi4ed myself as a policeman, * raised his left hand2 Which was the pre.assigned signal so that P"# @aguindin together with the rest of the mem$ers of the P+A rushed to the scene to e>ecute the
arrest of /uancho+ela Cruz and con4scated the plastic sachet2 :When you proed that the content of the plastic was in " fact sha$u, was the arrest of the man e%ected3 A
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: The man who sold the EMagic arapF, do you see him " in the courtroom today3 A
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: Would you point him out please and mention an " article of his clothing3 A : &witness points the accused /uancho+ela Cruz' Theaccused is wearing a $lac5 tight.4tting shirt and a pair of maong dar5 Geans2
Prosecutor:
reHect
the
: What transpired when you arrested him3
A : 7e identi4ed himself as /uancho+ela Cruz2 Thereafter, * informed him of his constitutional rights2 : +id he ma5e any response regarding his constitutional " rights3 A
: None, ma6am2
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: Which police station did you $ring the accused to3
A
: We $rought him to the Police tation ;, Baguio City2
: pon arrial at the Police tation ;, Baguio City, what " happened to the con4scated items3 A : * su$mitted it to the des5 o8cer on duty who then su$mitted the same to the la$oratory for analysis2 : Mr2 witness, do you remem$er haing e>ecuted any " statement regarding this case3
A
:
: * am showing you an A8dait of Arrest e>ecuted $y " P"# NiloBentresCa$ansi which was preiously mar5ed as >hi$it #B$ during the pre.trial2 Will you go oer this and tell if that is the statement of yours3 A
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: And a$oe the name P"# NiloBentresCa$ansiis a " signature2 Whose signature is that3 A
: My signature, ma6am2
Prosecutor% May we pray, hi$it EB.#F3 &Court% ''''''''(
Prosecutor% No further "uestions) your honor*
