Republic of the Philippines

Fourth Judicial Region

Regional Trial Court
Branch 23, Trece Martires City

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 1234567

Plaintiff, for: Violation of Sec. 5 and 11 of
R.A. 9165
-versus-

LEX DANIEL,

Accused,
x------------------------------------------x

MEMORANDUM FOR THE PROSECUTION

The undersigned Associate Prosecution Attorney II accuses Lex Daniel of

the crime of illegal sale of shabu under Section 5, Article II of Republic Act
(RA) No. 9165 or the Comprehensive Dangerous Drugs Act of 2002,
committed as follows:

That on or about the 30th day of March 2016 at around

7:50 in the evening, in the City of Kawit, Province of Cavite
Philippines, a place within the jurisdiction of the Honorable
Court, the aforementioned accused, without being authorized
by law, did then and there willfully, unlawfully and
feloniously sell, distribute and transport, weighing zero point
zero five (0.05) gram of Methyl amphetamine Hydrochloride
(Shabu), which is a dangerous drug, in violation of the above-
cited law.

FACTS OF THE CASE

1. At around 10:00 in the morning of March 26, 2016 PO1 Salavador

Templo and PO1 Sherwin Malvar received information from a
confidential informer (CI) that a certain person named Lex Daniel is
engaging in unlawful sale of drugs particularly shabu.

2. PO1 Salavador Templo and PO1 Sherwin Malvar informed the rest of the
police officers and ordered for the surveillance of Lex Daniel.

3. Upon verification of the information given by the CI and after the

surveillance, PO1 Salavador Templo and PO1 Sherwin Malvar organized
a buy-bust team, PO1 Salavador Templo as poseur buyer. He then
informed the Team on the pre-arranged signal to be executed by the
poseur buyer once the sale of illegal drugs has been consummated.

4. The CI has arranged a drug transaction for the poseur buyer.

5. The PDEA together with the buy bust team conducted the buy bust
operation on March 30, 2016 at 10:00 in the evening.
6. In the sworn statement of PO1 Salvador Templo as poseur buyer, he
pretended to buy basura worth P500.00 from Lex Daniel and afterwards
the accused produced a small plastic sachet with suspected illegal drugs
and it was then that the secret signal which is the scratching of his head
was done by PO1 Templo for the apprehending team to arrest Lex Daniel.

7. When LEX DANIEL was about to keep the buy-bust money, PO1
SHERWIN MALVAR rushed to the accused and executed the arrest,
uttered “Kami ay mga pulis, yaaresto ka namu sa paglabag nin RA 9165.
Ikaw ay igwang karapatang magsawalang kibo asin magkaigwa nin
sarong abogado na imong pinili, pero kung dai mo kayang magkua nin
sarong abogado, bibigyan ka namu nin sarong abogado.” (We are Police
Officers. We are arresting you for violation of RA 9165. You are hereby
informed that you have the right to remain silent and to have a competent
and independent counsel of your own choice, and if you cannot afford the
services of a counsel you will be provided with one.). LEX DANIEL
threw the money at that very moment when the arresting officers appeared
in front of him to apprehend him. The team instantaneously restrained
LEX DANIEL who was then resisting the arrest.

8. The seizing officer immediately confiscated and took initial custody of the
drugs.

9. PO1 SHERWIN MALVAR conducted search incidental to a lawful arrest

on the suspect. PO1 SHERWIN MALVAR recovered from LEX DANIEL
another small sachet believed to be containing shabu.

10. At the place of incident and in the presence of the accused himself and the
witnesses - Brgy. Kagawad Luis Llarena of Brgy. Nicolodeon Disney,
Kawit Cavite, Media Representative – Ms. Mariz Anacan who is a writer
of Mahalay News, and PCI Efren Peñaflorida who marked the small
plastic sachet containing white crystalline substance obtained from LEX
DANIEL with DT-1 1/19/16. Physical inventory and documentation of the
items recovered was conducted by PO1 Templo and Po1 Malvar as the
Investigator on the case.

11. PO1 Sherwin Malvar and PO1 Salavador Templo turned-over LEX
DANIEL to the Investigator-on-case - PO3 Ian Ben Payoyo, as well as the
seized items or evidences, who issued an acknowledgment receipt.

12. PO3 Duter Ty submitted the seized illegal drug to the PNP Crime
Laboratory for examination and analysis at 11:30 AM on January 19,
2016.

13. The accused was brought to the PNP Crime Laboratory to get tested for
the presence of Bright Yellow Ultraviolet Flourescent powder on his palm,
which would indicate that he has indeed received the two hundred peso
bill marked money.

14. As per Chemistry Report No. 09876 dated Jan. 19, 2016 issued at 1:00 in
the afternoon by PNP Crime Laboratory Office, the plastic sachet
containing white crystalline substance yielded positive result for the
presence of Methamphetamine Hydrochloride otherwise known as shabu.
 STATEMENT OF ISSUES

1. To determine the circumstances surrounding the confiscation of

drugs and non-drug items by the elements of Legazpi City
Police Officers at the possession and control of a certain Lex
Daniel, 35 years old, Married resident of Rawis Legazpi City
during the buy-bust operation at about 9:00 in the morning of
January 19, 2016 at Rawis Legazpi City, near the Aquinas
University campus.

2. To file the appropriate case for violation of Special Law the

R.A. 9165 otherwise known as Comprehensive Dangerous
Drug Act of 2002

FINDINGS/DISCUSSION

Applicable law is R.A. 9165 otherwise known as Comprehensive Dangerous Drug of

2002, Art. II, Section 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging from
Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall
be imposed upon any person, who, unless authorized by law, shall sell, trade, administer,
dispense, deliver, give away to another, distribute dispatch in transit or transport any
dangerous drug, including any and all species of opium poppy regardless of the quantity
and purity involved, or shall act as a broker in any of such transactions.
If the sale, trading, administration, dispensation, delivery, distribution or transportation of
any dangerous drug and/or controlled precursor and essential chemical transpires within
one hundred (100) meters from the school, the maximum penalty shall be imposed in
every case.

CONCLUSION

In the light of the foregoing provision of RA 9165, this Office came into an
inevitable conclusion that the herein accused may be held liable for violation of the said
R.A. 9165 otherwise known as Comprehensive Dangerous Drug Act of 2002.

RECOMMENDATION

20. After scrutinizing all the facts and evidence at hand, this office respectfully
recommends that a case for violation of Art. II, Sec.5 of RA 9165 be filed against Lex
Daniel, a resident of Rawis, Legazpi City and should stand for trial.

Prepared by:

PO3 Duter Ty
Investigator-on-Case

Concur

NOGNOG C. BINAY
Police Chief Officer