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CONTARY TO LAW.[5]
On arraignment, both Abdulah and EB pleaded not guilty to the crime charged. Trial on
the merits then ensued.[6]
The prosecution presented as its witnesses Police Officer 3 Erich Joel Temporal (PO3
Temporal), Police Officer 2 Rosauro B. Gayatao (PO2 Gayatao), PO3 Galahad Altarejos,
Jr. (PO3 Altarejos), Police Superintendent Jose Samson Ogbac (Superintendent Ogbac),
and Police Chief Inspector Rhea dela Cruz-Alviar (Chief Inspector dela Cruz-Alviar). [7]
Based on their collective testimonies, the prosecution averred that at around 1:30 p.m.
on November 20, 2014, a confidential informant went to the District Anti-Illegal Drug of
the Eastern Police District in Pasig City, reporting that two (2) girls were selling illegal
drugs on Singkamas Street in Tumana, Marikina City. Superintendent Ogbac at once
instructed PO3 Temporal and the informant to verify the tip.[8]
At the area, the informant introduced PO3 Temporal to "Erika" and "Lalay"—later
identified as EB and Abdulah—as a potential buyer of shabu. However, PO3 Temporal
was advised to just return the following day, as they had no shabu at that time.[9]
PO3 Temporal reported the incident, and Superintendent Ogbac formed a buy-bust
team accordingly. The team was composed of him, Senior Police Officer 1 (SPO1)
Garcia, SPO1 Villanueva, PO3 Serpino, PO3 Temporal, PO2 Gayatao, and Police
Inspector Javier. PO3 Temporal was designated as the poseur-buyer, PO2 Gayatao as
his back-up, and the others as the support group. PO3 Temporal was given a P500.00
bill to be used as buy-bust money, which he marked with his initials, "EJT."[10]
On November 21, 2014, the buy-bust team went to the target area where they saw EB
and Abdulah. At first, the girls hesitated approaching PO3 Temporal as he was with PO2
Gayatao, so PO3 Temporal advised the other to distance himself. Abdulah then
approached PO3 Temporal and inquired about his order. The officer handed her the
marked P500.00 bill, which she then passed to EB. In turn, EB placed the money in a
sling bag and retrieved from it a small plastic sachet containing white crystalline
substance, which she handed to the officer.[11]
At this, PO3 Temporal immediately introduced himself as a police officer and
apprehended Abdulah and EB. PO2 Gayatao proceeded to frisk the girls while PO3
Temporal seized the sling bag from EB, recovering the buy-bust money and another
sachet of white crystalline substance.[12]
Believing that the area was unsafe for being "a Muslim area,"[13] the team brought
Abdulah and EB to the barangay hall where they marked, inventoried, and
photographed the seized items. The proceeding was witnessed by Barangay Tanod
Reynaldo Garcia, Barangay Kagawad Francisco delos Santos, Abdulah, and EB.[14]
The team then proceeded to the Eastern Police District headquarters. There, SPO1
Garcia prepared the Request for Laboratory Examination while PO3 Temporal prepared
the Chain of Custody Form. PO3 Temporal later brought the request and the seized
items to the Crime Laboratory and passed them to PO3 Altarejos, who then gave the
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