INFORMATION FOR VIOLATION OF SECTION 5, RA 9165

REPUBLIC OF THE PHILIPPINES

IN THE REGIONAL TRIAL COURT OF TANJAY CITY
JUDICIAL REGION VII
BRANCH 43

PEOPLE OF THE PHILIPPINES

Plaintiff,
- versus - Criminal Case No. 123456
Violation of Section 5, R.A. No. 9165
PEDRO DE LOS SANTOS
Defendant
x……………………………………….x
INFORMATION

The undersigned, provincial fiscal, upon sworn complaint originally filed by the offended
party, accuses PEDRO DE LOS SANTOS of the Violation of Section 5, R.A. No. 9165,
committed as follows:
That on September 22, 2005 at about 12:45 in the afternoon at Barangay Jilocon, San
Jose, Negros Oriental, Philippines, and within the jurisdiction of this Honorable Court, the above
named accused, without lawful authority, did then and there willfully, unlawfully and feloniously
SELL and DELIVER to a poseur buyer Methamphetamine Hydrochloride locally known
as Shabu, weighing 0.08 gram, a dangerous drug.
CONTRARY TO LAW.
Dumaguete City, Philippines; September 25, 2005

_____________________________
City Prosecutor
WITNESSES:
______________________
______________________
 Certification
A preliminary investigation has previously been conducted in this case under my
direction, having examined the witnesses in accordance with the provisions of Republic Act No.
5180, as amended by P.D. No. 77, December 6, 1972 and P.D. 911, March 23, 1976 and as
implemented by the Department of Justice Circular No. 74, Series of 1967, and Circular No. 23,
Series of 1975.

______________________________
Assistant Fiscal
SUBSCRIBED AND SWORN to before me this 30 th day of September, 2005, in the City
of Dumaguete, Philippines, by________________ , Assistant Fiscal of Maria Fe L. Dela Zerna,
City Prosecutor.

______________________________
Judge, Regional Trial Court
of Dumaguete City, Branch 31
 REPUBLIC OF THE PHILIPPINES
IN THE REGIONAL TRIAL COURT OF TANJAY CITY
JUDICIAL REGION VII
BRANCH 43

PEOPLE OF THE PHILIPPINES

Plaintiff,
- versus - Criminal Case No. 123456
Violation of Section 5, R.A. No. 9165
PEDRO DE LOS SANTOS
Defendant
x……………………………………….x
PRE-TRIAL BRIEF OF THE PROSECUTION
THE PEOPLE OF THE PHILIPPINES, through the undersigned City Prosecutor,
before this Honorable Court, most respectfully submit the Pre-Trial Brief:
SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION OF FACTS
The following are the admitted facts:
a. That the arresting officer, PO3 Allen June Germodo, is of legal age, single, Filipino
and a resident of Barangay Janay-Janay, San Jose, Negros Oriental, Philippines;
b. That the accused, Pedro De Los Santos, is also of legal age, single, Filipino and a
resident of Barangay Jilocon, San Jose, Negros Oriental, Philippines;
c. That on September 22, 2005, acting upon a tip from a confidential informant, the
Philippine Drug Enforcement Agency and the Provincial Anti- Illegal Drugs Special
Operations Group organized a buy-bust team;
d. That the buy-bust team is composed of PO3 Allen June Germodo (PO3 Germodo)
acting as poseur-buyer and PO2 Glenn Corsame (PO2 Corsame) as immediate back-
up;
e. That the buy-bust team, together with the informant, went to De Los Santos’s house
at Barangay Jilocon, San Jose, Negros Oriental;
f. That PO3 Germodo was introduced as a shabu buyer and gave De Los Santos the two
(2) marked P 500.00 bills, De Los Santos further handed two (2) plastic sachets
containing suspected shabu from his bag;
g. That upon the receipt of the sachets, PO3 Germodo placed De Los Santos under
arrest, with the rest of the buy-bust team;
h. The police officers searched De Los Santos’s bag and discovered seventeen (17) more
sachets containing suspected shabu;
i. De Los Santos was then brought together with the seized items to San Jose Police
Station for the conduct of photography and inventory of the seized items;
j. Since only Barangay Kagawad Jingo A. Camero, was present, the police officers
brought De Los Santos and the seized items to the Dumaguete Police Station wherein
a secondary inventory was conducted;
k. During the secondary inventory in the Dumaguete Police Station, the representative
from the DOJ and the media were present;
l. Thereafter the seized sachets were brought to the crime laboratory, where the contents
were confirmed to be methamphetamine hydrochloride or shabu;
 EVIDENCE FOR MARKINGS
a. Information as Exhibit “A”
Purpose: To prove that a case has been duly files with this court;
b. Joint Affidavit of Poseur Buyer/ Seizing / Arresting Officer as Exhibit “B”
Purpose: To prove that PO3 Germodo as the assigned poseur buyer was able to close
a transaction of buying shabu from the accused, and that the accused sold and handed
the illegal drugs to him with consideration. That PO3 Germodo and PO2 Corsame,
the latter being the assigned arresting officer, upon arresting the accused, recovered
the latter the same evidence presented in court, and further, that they turned over the
seized shabu to the crime laboratory for examination, and that the police officers
positively identified the accused;
c. Chemistry Reports for the seized illegal drugs from accused De Los Santos as
Exhibit “C”
Purpose: To prove that the illegal drugs recovered from the accused and that thee
sold to PO3 Germodo contained methamphetamine hydrochloride or shabu;
d. Chain of Custody (from seizure to laboratory examination) of the illegal drugs
covered from Accused Pedro De Los Santos as Exhibit “D”
Purpose: To prove the illegal drugs recovered from the accused were the same items
subjected to laboratory examination by the chemist;
e. Photographs taken during the operation as Exhibit “E”
Purpose: To prove that the accused were duly arrested, and that the procedure of the
inventory, sealing and labelling were properly observed;
f. Inventory Receipt of Seized Items as Exhibit “F”
Purpose: To prove that the police officers observed the procedure of Inventory as
prescribed in Section 21 of RA 9165, and that the items stated in the document were
the same items from the accused;
g. Certification of PO3 Germodo pertaining to the marked money recovered from
the accused as Exhibit “G”
Purpose: To prove that the P 500.00 bill marked money signed by the poseur buyer
prior to the operation was the same marked money recovered from the accused arrest
ISSUE/S
a. Whether or not De Los Santos is guilty beyond reasonable doubt of violating
Section 5, Article II of RA 9165
WITNESSESS
a. PO3 Allen June Germodo as the Arresting Officer and the Poseur Buyer of the Buy-
Bust Operation;
b. PO2 Glenn Corsame as the immediate back – up of the Arresting Officer of the Buy-
Bust Operation;
c. PSI Honorio Ani as the Forensic Chemist who examined the seized illegal drugs

TRIAL DATES
Specifically, every Tuesday to Friday, except for Wednesdays of the month, with regular
appearance of the undersigned city prosecutor before this Honorable Court.

RESPECTFULLY SUBMITTED.
Dumaguete City, Philippines, October 01, 2005.
 OFFICE OF THE CITY PROSECUTOR
Hall of Justice, Dumaguete
Dumaguete City, Negros Oriental

By:

SHIELA B. RENACIA
Asst. City Prosecutor
Roll No. 5678
IBP No. 6666
MCLE V – 0003407, August 9, 2005

Copy Furnished:

ATTY. JIMMY AVILES

Counsel for the Defense
Barangay Piapi,
Dumaguete City

Received by: __________________

Date: ________________________
 REPUBLIC OF THE PHILIPPINES
IN THE REGIONAL TRIAL COURT OF TANJAY CITY
JUDICIAL REGION VII
BRANCH 43

PEOPLE OF THE PHILIPPINES

Plaintiff,
- versus - Criminal Case No. 123456
Violation of Section 5, R.A. No. 9165
PEDRO DE LOS SANTOS
Defendant
x……………………………………….x
PRE-TRIAL BRIEF OF THE DEFENSE
PEDRO DE LOS SANTOS, through the undersigned Private Defendant, before this
Honorable Court, most respectfully submit the Pre-Trial Brief:
SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION OF FACTS
The following are the admitted facts:
a. The identity of the accused, Pedro De Los Santos;
b. The date and place of arrest.
Furthermore, the defendant respectfully proposes the following facts:
a. That the authorities failed to comply with the required witnesses rule under Section
21, Article II of RA 9165 without justifiable grounds
EVIDENCE FOR MARKINGS
a. Inventory Receipt of the Seized Items as Exhibit “A”
Purpose: To prove that during the inventory conducted in San Jose Police Station,
Barangay Kagawad Jingo A. Camero, signed a single inventory sheet.
b. Photographs taken during the operation as Exhibit “B”
Purpose: To prove that during the first inventory conducted at the San Jose Police
Station only Barangay Kagawad Jingo A. Camero was present and that the second
inventory only the representatives of the DOJ and the media were present.

ISSUE/S
a. Whether or not the authorities completely complied with the procedure under
Section 21, Article II of RA 9165?

WITNESSESS
a. The Defendant himself to testify on the accusations of the prosecution
b. Barangay Kagawad Jingo A. Camero, as the elected official who witnessed the
inventory of the seized items
TRIAL DATES
Specifically, every Tuesday to Friday, except for Wednesdays of the month, with regular
appearance of the undersigned city prosecutor before this Honorable Court.
 RESPECTFULLY SUBMITTED.
Dumaguete City, Philippines, October 10, 2005.

ATTY. JIMMY AVILES

Private Defendant
Roll No. 77790
IBP No. 9999
MCLE V – 0003500, July 14, 2005

Copy furnished:

Office of the City Prosecutor

Hall of Justice, Dumaguete City
Dumaguete City, Negros Oriental

Received by: __________________

Date: ________________________