"That on or about the 9th day of June 1994, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating and mutually aiding one another, did then and there willfully, unlawfully and feloniously sell and deliver more or less 2,800 grams of dried marijuana leaves with flowering tops knowing fully well that said leaves of marijuana is a prohibited drug, in violation of the above mentioned provision of law.

"The evidence shows that on June 9, 1994 at about 12:00 o’clock noon Police Supt. Felix Cadalli of the 14th Narcotics Regional Field Unit, Camp Bado Dangwa, La Trinidad, Benguet received a report from a civilian informer that one alias Jun, a taxi driver, who usually waits for passengers at Nelbusco Terminal, Otek St., Baguio City is the middleman of those selling marijuana at Justice Village, Baguio City.

After evaluating the information, P/Supt. Cadalli organized a buy-bust team composed of P/Insp. Virgilio Pelaez as team leader, PO3 Teofilo Juanata as poseur-buyer, SPO1 Edelfonso Sison as driver and PO3 Rolando Gamit as back-up. A briefing ensued wherein Insp. Pelaez, PO3 Gamit and SPO1 Sison were instructed to proceed to Justice Village, and wait and position themselves strategically thereat so that they could witness the transaction between their poseur-buyer and the drug pushers. Supt. Cadalli gave PO3 Juanata two pieces of P100.00 bills together with machine copies thereof and pieces of paper cut into the size of money bills such that if put together with one of the two P100.00 bills on top and the other at the bottom, the whole bunch will have the appearance of a bundle of money to be used in the purchase of marijuana for entrapment purposes. The two P100.00 bills were previously the subject of an Authentication (Exh. E) dated June 3, 1994 before Prosecutor Octavio Banta. Juanata was instructed by Cadalli to proceed with the civilian informer to the Nelbusco Terminal at Otek St., Baguio City to contact alias Jun, the middleman.

In accordance with instructions, Pelaez, Gamit and Sison left for Justice Village at about 3:00 p.m. on board the red car owned and driven by Sison. In turn, Juanata and the civilian informer boarded a passenger jeepney and proceeded to the Nelbusco Terminal. There, they were able to see alias Jun waiting for passengers inside his taxi. Juanata was introduced by the civilian informer to alias Jun, later identified as Dionisio Cuison, as a buyer of marijuana. And the latter told them that the stocks of marijuana were availabe at Justice Village. The three proceeded to Justice Village on board Jun’s taxicab.

Meanwhile, the Narcom team of Pelaez waited at the road junction of Justice Village and Marcos Highway. Not long after, they spotted the taxi driven by accused Cuison carrying Juanata and the civilian informer and followed it unnoticed. The taxi stopped by the side of the road at Justice Village. The red car of Sison following passed by the taxi and then took a U-turn at the dead end of the road such that when the red car was parked, those inside it were facing the taxi parked around 20 meters away.

Soon after he parked his taxi, accused Cuison alighted and talked to some persons. When he returned, he informed Juanata that they have to wait because the sellers of marijuana were not around yet. After about five minutes, two persons walked towards the taxi. Accused Cuison went out of the taxi to meet them. And they talked. After which Juanata was introduced by Cuison to the two as a marijuana buyer. Juanata introduced himself as Jojo while the two introduced themselves as Diolo, later identified as Diolo Barita and Denver, later identified as Denver Golsing. Juanata ordered three kilos of marijuana and was told by accused Golsing that a kilo costs P800.00. Then accused Barita and Golsing told them to wait as they will get the marijuana.

After about 5 minutes, accused Golsing and Barita returned. Accused Barita was carrying a transparent plastic bag which he handed to Juanata. After examining the contents of the plastic bag (Exh. G), consisting of three bundles (Exhs. H, I, J), two wrapped in a brown paper (Exhs. H and I) and the third wrapped in a newspaper page (Exh. J), and determining the contents thereof as marijuana, Juanata handed the boodle money to accused Golsing and immediately gave the pre-arranged signal by removing his cap.

"WHEREFORE the Court finds the accused Diolo Barita y Sacpa, Denver Golsing y Delfin and Dionisio Cuison y Fontanilla Guilty beyond reasonable doubt as principals by direct participation and/or by indispensable cooperation of the offense of Violation of Section 4, Article II of Republic Act 6425 as amended by Section 13 of Republic Act 7659 (Sale of 2.8 kilos of marijuana, a prohibited drug) as charged in the Information and hereby sentences each of them to suffer the penalty of Reclusion Perpetua and to pay a fine of P500,000.00 without subsidiary imprisonment in case of insolvency and to pay the proportionate costs.

The marijuana confiscated from the accuses (Exhs. G, H, I, J) being the subject and instrument of the crime is declared confiscated and forfeited in favor of the state and referred to the Dangerous Drugs Board for immediate destruction.

The accused Diolo Barita, Denver Golsing and Dionisio Cuison, being detention prisoners are entitled to be credited in the service of their sentence 4/5 of their preventive imprisonment in accordance with Article 29 of the Revised Penal Code.

2.) None of the accused-appellants reside or are from Justice Village, the place where the alleged sale took place and could not have committed the crime.

3.) There is a reasonable doubt as to the existence of the civilian informer for if there really was one, the NARCOM agents would not have taken his report without question.

4.) The events leading to the buy-bust are contrary to human experience and opposed to common sense inasmuch as the alleged sale of marijuana was not definite to happen and that Jun supposedly knew the sellers of marijuana yet upon arrival at Justice Village, he had to inquire about them thereat.

5.) The prosecution witnesses’ accounts differ with respect to whether or not Jun alighted from the taxicab at the time when the alleged pushers neared the taxicab. .

6.) PO3 Juanata’s testimony is doubtful since he could not testify as to where his companions were at the time of the sale, which negates the existence of a buy-bust plan.

7.) There is a divergence of testimony as to where the sale took place.

8.) The prosecution witnesses gave different versions as to where the alleged sellers proceeded after they went to get the marijuana.

9.) The testimonies given with respect to the buy-bust money is shrouded with contradictions.

10.) There is a divergence of testimony as to the ownership of the red car used in the buy-bust operation.

11.) There is a divergence of testimony as to the existence of a safehouse.

12.) There is a divergence of testimony as to the participation of PO3 Gamit in the arrest of the accused-appellants.

13.) The taxicab was released without an order from the trial court and such release was never exlained.

14.) The joint affidavit of arrest does not contain the name of P/Insp. Virgilio Pelaez, the team leader, as one of the affiants.

"PROS: CENTENO:

Q: Who was your companion in going to the Nel Bosco Terminal after the briefing was conducted by Felix Cadalig?

A: Our Civilian Informer, sir.

Q: Do you know the name of this Civilian Informer?

A: No, sir.

Q: Until now?

A: No, sir, it was my first time to see him.

Q: Were you able to reach the Nel Bosco Terminal?

A: Yes, sir.

Q: How about the group of Pelaes, Gamit and Sison, do you know where they went?

A: They proceeded to Justice Village, Marcos Hightway, Baguio City, sir.

Q: Now, what time did you reach the Nel Bosco terminal located at Otek St., Baguio City on June 9, 1994?

A: 4 p.m., sir.

Q: And what was your purpose in going to the Nel Bosco Terminal on that day?

A: To look for alias Jun, sir.

Q: Were you able to locate alias Jun at Nel Bosco Terminal?

A: Yes, sir, he was there because he is a taxi driver.

Q: What happened when you saw alias Jun at the Nel Bosco Terminal which happened to be a taxi driver?

A: I was introduced by the civilian informer as a prospective marijuana buyer, sir.

Q: And what happened after this civilian informer introduced to you to alias Jun to be a prospective buyer of marijuana?

A: Jun answered that he knows somebody who sells marijuana at Justice Vil., Marcos Highway, sir.

Q: If this alias Jun will be seen again by you, will you be able to identify him?

A: Yes, sir.

Q: Will you please look inside the courtroom and tell us if this alias Jun present?

A: (Witness pointing to a person in blue t-shirt who identified himself as Dionisio Cuison)

xxx xxx xxx

PROS:CENTENO:

Q: Now, after alias Jun left you and the civilian informer inside the taxi cab, what happened next Mr. Juanata?

A: He returned, sir.

Q: How many times lapsed when you noticed that alias June just returned to the place after he left you?

A: About five minutes, sir.

Q: Was he alone when he returned to your place?

A: Yes, sir, he was not able to see the person selling marijuana.

Q: So what happened when you saw alias Jun returned alone because he was not able to locate the person selling marijuana?

A: We waited for a while, sir.

Q: At that time when you were already at Justice Village waiting for a while as you said, did you know the other members of the buy bust team?

A: I was not able to see them but I know they were their positioned, sir.

Q: How long did you wait at Justice Village after alias Jun returned without having located the seller of marijuana as you said?

A: About 5 minutes, sir.

Q: And what happened after the lapse of five minutes?

A: Two male persons arrived, sir.

Q: Will you tell us the appearance of these two male persons walking?

A: They look like bachelors, sir.

Q: Aside from walking toward your place, what else did you observe if any?

A: Alias Jun alighted from the taxi cab and met the two male persons sr.

Q: How about you, what did you do when you saw that alias Jun alighted from the taxi cab and met these two persons?

A: I remained inside the taxi, sir.

Q: Was alias Jun able to meet these two persons?

A: Yes, sir, they talked, sir.

Q: How far was that place where you saw alias Jun and the two male persons talking from the place where you were seated inside the taxi cab?

A: More or less five minutes, sir.

Q: After you saw alias Jun and the two male persons talking as you said, what happened next?

A: Alias Jun introduced me to that two male persons, sir.

Q: How far were you from these two male persons when alias June introduced you to them?

A: They approached the taxi, sir and I was introduced as a marijuana buyer.

Q: After you were introduced by alias Jun to these two male persons that you were a marijuana buyer, what happened next?

A: Denver said that a kilo of marijuana cost P800.00, sir.

Q: By the way, what was the name you gave to these two male persons when you were introduced by alias Jun to them?

A: I introduced myself as Jojo, sir.

Q: And how did the two male persons introduced themselves to you?

A: Diolo and Denver, sir.

Q: If this Denver would be seen again by you, would you be able to identify him?

A: Yes, sir.

Q: If Denver is in the courtroom, will you please point to him?

A: (Witness pointed to a person inside the courtroom who identified himself as Denver Golsing)

Q: How about this other person who introduced himself to you as Diolo, if you will see him again, will you be able to identify him?

A: Yes, sir.

Q: Will you please point to him?

A: (Witness pointed to a person inside the courtroom who identified himself as Diolo Barita)

Q: You said a while ago that after you were introduced to these two male persons by this Jun, Denver told you that a price of a kilo of marijuana is P800.00, so what did you tell Denver when he told you that a price of a kilo of marijuana is P800?

A: I told them that I will buy three kilos, sir.

Q: At the time Denver was telling you that the cost of a kilo of marijuana is P800, where was Diolo?

A: At this side, sir.

Q: What was he doing at the time Denver was telling you that the cost of a kilo of marijuana was P800.00?

A: He was there listening, sir.

Q: After you told Denver that you wanted to buy 3 kilos of marijuana after you were told that the cost of a kilo is P800, what happened next?

A: The two of them left, sir.

Q: How about alias Jun, where did he go?

A: He was left there, sir.

Q: So the person who left were Denver and Diolo?

A: Yes sir.

Q: How about your civilian informer, where was he during all the time that you were ordering 3 kilos of marijuana?

A: He was near inside the taxi cab, sir.

Q: do you know where Denver and Diolo went after they left the place where you were told that a cost of a kilo of marijuana is P800?

A: I don’t know, sir.

Q: What happened after Denver and Diolo left the place where you were with Jun and the civilian informer?

A: They returned after five minutes, sir.

Q: I am just curious Mr. Juanata, everytime you answer a question regarding the time element, you have been uniformed in saying that the interval is always five minutes.

A: Denver and Diolo, sir.

Q: Did you see these two persons approach the place where you were with Jun at that time?

A: I saw them, sir.

Q: Will you tell us the appearance at that time they were returning to your place?

A: Diolo was carrying a plastic bag, sir.

Q: Could you tell us the size of this plastic bag being carried by Diolo at that time?

A: (Witness demonstrating a with the size of about 2 feet in height)

Q: How about the bulk?

A: Two feet by ½ feed in width.

Q: How about Denver, what was the appearance at that time?

A: He was not carrying anything, it was only Diolo who was carrying something, sir.

Q: If you see that plastic bag again which was carried by Diolo on June 9, 1994 at Justice Village, Baguio City, will you be able to identify the same?

A: Yes, sir.

Q: Were these two persons, Diolo and Denver able to reach the place where you were on June 9, 1994?

A: Yes, sir.

Q: What happened when they reached the place where you were?

A: I alighted from the taxi cab and then Diolo handed to me the plastic bag, sir.

Q: After Diolo handed to you the plastic bag, what did you do?

A: I opened the contents of the object wrapped in a newspaper, sir.

COURT:

A: Yes, sir.

COURT:

PROS. CENTENO:

Q: Now, this plastic bag, is it transparent or not?

A: Yes, sir, transparent.

Q: What happened after you opened these items wrapped in a newspaper page found inside the transparent bag?

A: I saw a marijuana wrapped inside the newspaper and then I gave the money to Denver and also, I gave my pre-arrange signal to the back up team, sir.

Q: By the way, what was supposed to be the pre-arrange signal to be given to the back up team?

A: by removing my yellow cap, sir.

Q: And after you have delivered the money to Denver at the same time giving your signal by removing your yellow cap as you said, what happened?

A: I introduced myself as a Narcom Agent and gave my name as PO3 Teofilo Juanata,Jr.

Q: What happened after you gave your pre-arrange signal and at the same time you introduced yourself as a Narcom Agent to the persons?

A: The back up team arrived and we apprehended them, sir.

Q: Who were the persons whom you apprehended upon arrival of the back up team?

A: Jun, Denver and Diolo, sir.

Q: The persons you earlier identified in Court?

"Apparently, only Barita, Golsing and Cuison were caught in the actual act of the selling the marijuana along the road in Justice Village. Sibayan and Bindadan were not caught on the road as they were in their houses. Sibayan and Bindadan were invited and taken into custody afterwards when implicated by Barita when the latter was asked to point to the house of his companions where thy got the marijuana.

This explains why Dr. Villaseñor examined five persons instead of only the three accused. This also explains why Juanata, Sison and Gamit insisted only three accused as they really arrested only the three accused in the actual act of selling marijuana.

This is supported by the fact that only Barita, Gosling and Cuison have booking sheet and arrest reports (Exh. B, C and D). There were no booking sheet and arrest reports of Sibayan and Bindadan presented by both the prosecution and the defense.

If there were any booking sheet and arrest reports of Sibayan and Bindadan, the defense would have demanded their production in court by Subpeona duces tecum. Why did not defendants do so?

Further, the two requests for physical examination (Exhs. 1 and 2) would show that Barita, Golsing and Cuison were arrested together as they were lumped together in one request for physical examination (Exh. 1 for defense). And that Sibayan and Bindadan were not taken together with the aforesaid 3 accused as the request for their physical examination was in a separate paper (Exh. 2 for defense).

In any event, a close scrutiny of the physical examination papers signed by Barita, Cuison, Golsing, Sibayan and Bindadan (Exh. 8 to 12) would show that the alleged case against them is ‘suspected drug pushers’ or ‘Violation of Section 4 Article II RA 6425.’