Criminal Case No.

2017-170217
Accused: Jenna Rose Instik Chua
Violation of Sec.5 of Dangerous Drugs Act of 2002
(Selling)

INTRODUCTION
Clerk of Court: ALL RISE. Court is now in session. *prayer* Hon. Judge Graciela May Pelagio.

Judge: the court is now is session. CALL THE CASE

Interpreter: Crim. Case No. 07232017. Pp. of the Phil. vs Jenna Rose Chua

For violation of art. II sec. 5 of P.D 9165 also known as the DANGEROUS DRUGS ACT OF 2002.

ARRAIGNMENT
Clerk of Court:

(READ THE INFORMATION IN FRONT OF ACCUSED)

That on or about the 23rd day of July, 2017, in the City of Manila, Philippines, and
within the jurisdiction of this Honorable Court, the above-named accused, did, then
and there, willfully, unlawfully and feloniously sell and/or deliver to a poseur buyer six
(2) two see-through medium size plastic with a crystalline-like substance weighing FIFTY
TWO GRAMS (52) which is a dangerous drug, without authority whatsoever.

CONTRARY TO LAW

Clerk of Court: what language do you understand?

Accused: I understand English

Clerk of Court: What do you plead accused?

Accused: I plead NOT GUILTY your honor

Judge: The accused plead not guilty.

Pre-trial is set on August 15, 2017. Prosecution and defense, are you amenable on the said
date?

Prosecution- Yes your Honor.

Defense: Yes Your Honor.

Judge: Pre-trial is set on the15th of August.

PRE-TRIAL
Clerk of court:

That on or about the 23rd day of July, 2017, in the City of Manila, Philippines, and
within the jurisdiction of this Honorable Court, the above-named accused, did, then and
there, willfully, unlawfully and feloniously sell and/or deliver to a poseur buyer six (2) two see-
through medium size plastic with a crystalline-like substance weighing FIFTY TWO GRAMS (52)
which is a dangerous drug, without authority whatsoever.

CONTRARY TO LAW

*appearances of the counsels*

Prosecution first.

Prosecution 1: Im Atty. Kenan Lisaca, appearing in behalf of the prosecution.

Prosecution 2: Im Atty. Jessa Brilliantes appearing for the prosecution your honor.

Prosecution 3: Appearing in behalf of the prosecution, Atty. Gretel Abog Your Honor

Then Defense.

Defense 1: Appearing in behalf of the defense, Atty. Sheena Lopez

Defense 2: Appearing in behalf of the prosecution, Atty. Krystal Asino

Defense 3: Appearing in behalf of the prosecution, Atty. Monica Gonzales

Judge: Counsels now present your evidence. Prosecution what will you be presenting as
evidence?

Prosecution 2: I present the following documentary evidence your honor.

(1)Joint Affidavit of Arrest,

(2) Custodial Investigation Report,
(3) Photocopy of the marked money,
(4) Brown envelope containing the subject illegal drugs,
(5) Inventory of Property Seized,
(6) Laboratory Examination Request, and
(7) Chemistry Report No. D-0518-2002.

Prosecution 1: *state the documents and marked as A, B, C, AND SO ON

Defense:
Defense 2: The defense presents the ff. documentary evidence MARKED AS 1,2,3 AND SO ON

a) Judicial affidavit of accused

b) Chain of custody form
c) Judicial affidavit of tricycle driver
d) Pre-trial brief
e) Certification
f) Inquest report

Defense 1: We also would like to present the alleged shabu your honor.

Judge: All pieces of evidence not presented in the pre-trial cannot be introduced and
cannot be appreciated as evidence.

We proceed on the admission. Prosecution do you have admission, if any?

Prosecution 3: The prosecution admits

*details on the judicial affidavit, place of the crime, name and circumstances of the
accused*

Defense 3: We admit it the place, and personal circumstances of the accused. We also
admits the *judicial Affidavit by the accused*

Judge: All admissions are now part of the records. Proceed with the issues. Prosecution, what
are your issues?

Prosecution 2: your honor, the following are the issues the prosecution would like to raise:

a. Whether or not the accused violated the dangerous drugs acts having caught, in the act,
of selling 52 grams of shabu?

b. WON the chain of custody was correctly followed?

Judge: Defense, present your issues of the case

Defense 2: The following are the issues raised by the defense your honor:

a. whether or not the alleged seized drugs did not came from the accused.

Clerk of Court: Presentation of the witnesses of each party. Prosecution who are your
witnesses?
Prosecution 1: Your honor, the prosecutions witnesses are

SPO1 SALINAS
SPO1 CABIL

*ALSO MAY USE THE CHEMIST RESULT, BUT CHEMISTS NEED NOT BE PRESENTED*

Defense 1: The defense, your honor would like to present, the accused herself as witness, and
the tricycle driverMr. Alfredo Masangkay.

Judge: The prosecution admitted the following: The prosecution admits

*details on the judicial affidavit, place of the crime, name and circumstances of the
accused*

While the Defense, admitted We admit it the place, and personal circumstances of the
accused. We also admits the *judicial Affidavit by the accused*.

The issues raised by the Prosecution are:

a. Whether or not the accused violated the dangerous drugs acts having caught, in the act,
of selling 52 grams of shabu?

And the issues raised by the Defense are:

a. whether or not the chain of custody was complied with under Section 21 of R.A. No. 9165
(Chain of Custody)

b. whether or not the alleged seized drugs did not came from the accused.

Clerk of Court: Presentation of the witnesses of each party. Prosecution who are your
witnesses.

TRIAL
*assist the accused in the court room by the jail guard*

Clerk of Court: The accused is present your Honor.

Clerk of Court: Read the information in the presence of the accused.

That on or about the 23rd day of July, 2017, in the City of Manila, Philippines, and
within the jurisdiction of this Honorable Court, the above-named accused, did, then and
there, willfully, unlawfully and feloniously sell and/or deliver to a poseur buyer six (2) two see-
through medium size plastic with a crystalline-like substance weighing FIFTY TWO GRAMS (52)
which is a dangerous drug, without authority whatsoever.

CONTRARY TO LAW
Prosecution1,2, and 3: appear in behalf of the state.

Defense1,2, and 3: appear in behaf of the accused jenna rose chua a.k.a INSTIK

Judge: Prosecution please present your witnesses: MR. CABIL AND MR SALINAS

PRESENTATION OF WITNESSES.

Clerk of Court: calls prosecutions witness

SSPO1 CABIL

*UNDER OATH*
*LET SP02 CABIL STATE HIS PERSONAL CIRCUMSTANCES*

PROSECUTION

DIRECT EXAMINATION

Prosecution calls SPO1 LOUIERY CABIL on the witness stand

Clerk of Court: *put the witness under oath*

I do solemnly swear to say the truth and nothing but the truth. So help me God

P01 Louiery Cabil: I do solemnly swear to say the truth and nothing but the truth. So help me

CABIL: Sit first and state name and department assigned at

Prosecution 3: Where were you last July 23, 2017?

Witness: I was at the Binondo police station your honor.

Prosecution 3: What were you doing there, if any?

Witness: Ako po ay nasa presinto para maghanda sagagawin naming buybust, maam.

Prosecution 3: Where would you have the said buy-bust operation?

Witness: Malapit po sa Binondo Church maam.

Prosecution 3: Can you tell this Honorable court who is the target of the buy bust?

Witness: Isang alias instik your maam

Prosecution 3: Will you be able to point out the accused in this court?
Witness: Yes your honor. *points at the accused*

Prosecution 3: Okay. In the buy bust operation organized for a certain Intsik, what was your
role?

Witness: Ako po ung back-up maam.

Prosecution: Back-up? What does that mean?

Witness: Ako po yung magbibigay ng timbre o signal na nakabili na ung poseur buyer ng
droga maam

Prosecution 3: During the operation, did the selling between the alias instik and the polie
poseur buyer transpired?

Witness: Opo maam.

Prosecution 3: Who was the poseur buyer at that time? You said that you were the back-up?

Witness: The police poseur po ay si SPO1 Salinas your honor.

Prosecution 3: How did you know that the deal between SPO1 Salinas and Alias instik
transpired?

Witness: Nakita ko po na tinggal ni SPO1 Salinas yung cap nya.

Prosecution: After the said signal was given, what did you do to effect the entrance of your
team?

DEFENSE: OBJECTION, YOUR HONOR! LEADING QUESTION!

JUDGE: GRANTED. Counsel, rephrase your question.

Prosecution 3: Upon noticing the signal given by SPO1 Salinas what did you do, if any?

Witness: I also notified the other members of the buy bust team to enter the house of alias
instik.
 CROSS
Defense3: you said Mr. Cabil that during the buy-bust operation, you are the back up?

Witness: Yes your honor.

Defense 3: Alright. Where were you during the alleged sale of the illegal drugs?

Witness: Nasa labas po ako. Sa tapat po ng sari sari store sa gilid po ng Binondo Church
maam

Defense 3: In the said location, how did you see the said consummation of the sale?

PROSECUTION: OBJECTION YOUR HONOR! IRRELEVANT.

Judge: OBJECTION OVERRULED. CONTINUE

Witness: I noticed the removal of SPO1 Salinas cap which signals the consummation of the
sale your honor.

Defense 3: Upon entering the house of the accused. What did you do, if any?

Witness: Doon na po naming inaresto si Instik

Defense 3: How did you know that the person you arrested was the accused?

Witness: sya po yung dinescribed ng informant maam tska nakita ko po na hawak nya yung
marked money na ginamit sa pagbili ng droga

Defense 3: So when you arrested her, the only basis was the marked money that she was
holding?

Witness: Yes honor.

Defense: No further questions your honor

RE-DIRECT
Prosecution 2: From the area where youre standing, did you clearly see the signal from SPO1
Salinas?

Witness: Yes your honor, it was clear since SP02 Salinas was inside the well-lighted house and
the removal of his cap was very obvious.

Prosecution 2: Upon entering the premises, how did you identify the accused?

Witness: Nakita ko po na hawak nya yung marked money tska po ung plastic na see
through.
Prosecution 2: What transpired next after the said arrest?

Witness: Pagkatapos po naming arestuhin si Instik, dinala po naming sya sa presinto

Prosecution 2: No more questions your honor.

RE-CROSS
Defense 2: Mr. Cabil, you said earlier that you saw the marked money in the accused
hands?

Witness: Yes maam

Defense 2: You also added that shes still holding the see-through plastic in her hand with
cyrtalline substance. Correct?

Witness: Yes maam

Defense 2: How did you see clearly that the plastic contains crystalline like substance when
the accused was still holding the plastic?

Witness: nakita ko po ung plastic na hawak ni instik na may laman na parang tawas. Nkitako
poi yon habang kinukuha ni SPO1 Salinas ung pera kasama ng plastic

Defense 2: SO you only notice the plastic when P02 Salinas is already holding the marked
money and the plastic?

PROSECUTION 2: OBJECTION. LEADING!

JUDGE: GRANTED. RE-PHASE YOUR QUESTION.

Defense 2: You only had a clear view of the said plastic when SPO1 Salinas was already
holding the same?

Witness: Yes your maam

Defense 2: How did you clearly see the said signal when you were outside the said house,
not even near the house?

Witness: Maliwanag naman po sa pwesto ko tska po kitang kita po ang bahay ni instik mula
sa labas maam.

Defense: No further questions your honor.

 DIRECT EXAMINATION
Prosecution 1:

2nd witness of the prosecution SPO1 Ricky Salinas.

Clerk of Court: I do solemnly swear to say the truth and nothing but the truth. So help me God

*put the accused under oath*

Witness Salinas: I do solemnly swear to say the truth and nothing but the truth. So help me
God .*state name and department assigned at*

Prosecution 1: What documents did you ask Kgd. Krystal to sign?

Witness: The inventory of the property seized, sir.

Prosecutor 1: And did she sign that?

Witness: Yes, sir.

Prosecutor 1: Where was he when she signed that?

Witness: In our office, sir.

Prosecutor 1: Already in your office?

Witness: Yes, sir.

Prosecutor 1: Who prepared the inventory of the property seized?

Witness Our investigator, sir. SPO3 Andy Pangilinan

Prosecutor 1: And that was prepared while you were already at your office?

Witness: Yes, sir, because we did not bring with us the material or equipment for the
preparation of the documents so, we invited him to our office.

DEFENSE

CROSS EXAMINATION

Defense 1:After you arrested CHUA, did you conduct the inventory of the alleged seized items?

Witness Yes, sir (sic).

Defense 1: Where did you conduct the inventory?

Witness: In our office, maam

Defense 1: Were pictures taken on the alleged seized items together with JENNA CHUA

Witness: Hindi po maam.

Defense 1: After you conducted the alleged buy-bust operation, did you conduct an
inventory of the alleged seized items?

Witness: Yes, maam.

Defense 1: Were the accused assisted by counsel at the time you conduct the inventory?

Witness: No, maam.

Defense 1: Were pictures taken on them including the alleged seized items?

Witness: Opo. Kumuha po kami ng picture sa akusado kasama ng mga ebidensya, maam.

PROSECUTION
RE-DIRECT EXAMINATION
Prosecution 1: Based on the executed Joint affidavit by you and P01 Salinas, what other
documents, if any, did you prepare?

Witness: Hinanda din po namin yung booking sheet at chain of custody form maam

Prosecution 1: In the Chain of Custody form, who handled the alleged drugs from the buy-
bust operation until the laboratory testing?

Witness: Si SPO1 Salinas po ang nagdala ng mga nakuhang droga sa presinto. Matpaos po
non ay dinala po naming ito sa NBI para maipacheck.

Prosecution 1: The said individuals who handled the evidence complied with rule chain of
custody, as evidenced by the chain of custody form?

Witness: Yes maam. Sinunod po naming mabuti ung chain ofcustody dahil alam po naming
na ito ay mahalaga

Prosecution 1: No further questions your honor.

DEFENSE

RE-CROSS EXAMINATION

Defense 1: So, after recovering all those drugs bricks and plastic sachets of drugs and the
marked money from the accused, what else did you do?

Witness: Dinala po namin si instik at yung mga nakuha sa kanyang droga sa presinto
Defense 1: So, in your office, what happened there?

Witness: Our investigator prepared the necessary documents, sir, the request for crime lab
examination, joint affidavit of arrest, booking sheet, and all other documents necessary for
the filing of the case against the suspect

Defense 1: What about the shabu, subject of the deal, and the one which you confiscated
from the accused, what did you do with those?

Witness: Before sending them to Olivas, we placed our markings, sir.3

Defense 1How about the alleged SHABU, you stated that the same was brought to the crime
laboratory, who brought the same to the crime lab?

Witness: ako po tska yung mga back-up, maam.

Defense 1: When did you bring the drugs to the crime lab for examination?

Witness: 2 araw matapos po ung buy bust, maam.

Defense 1: When did you bring the said drugs to the NBI to be precise?

Witness: July 25 po maam.

Defense 1: You said earlier, and I quote sinusunod nyo ang chain of custody dahil ito ay
mahalaga, why is it that you only had the drugs tested 2 days after the said buy bust.

Witness: Yes maam. Pero sinunod pa rin po naming ang chain of custody.

Defense 1: No more questions your honor.

DEFENSE PRESENTATION OF WITNESSES

DIRECT EXAMINATION

DEFENSE FIRST WITNESS

First witness: Alfredo Masangkay-tricycle driver

Clerk of Court: I do solemnly swear to say the truth and nothing but the truth. So help me
God

MASANGKAY AS WITNESS: I do solemnly swear to say the truth and nothing but the truth. So
help me God. Ako po si alfredo masangkay. Isang tricycle driver. Nakatira po sa 5839
Ronquillo St. Binondo ,Manila

Defense 2: Mr. Masangkay, you executed an affidavit last july 24, where were you in the
vening of july 23, 2017?
Translator (Salazar): Mr. masangkay, ikaw ay nagbigayng isang affidavit noong july 24, ayon
dito, nasanka noong gabi ng juy 23, 2017

Witness: ako po nasa harap ng binondo church pauwi nang aming bahay matapos
pumasada.

Defense 2: When you was about to go home, what happened, if any?

Translator: noong ikaw ay pauwina, meron ka bang kakaibang naganap?

Witness: Opo. May 2 lalaki po na lumapit sakin. Tinatanong si kung alam ko daw ang bahay
ni maam Jenna

Defense 2: What did you answer, if any?

Translator: Ano ang iyong sinabi, kung meron man

Witness: Sabi ko po na kilala ko nga si maam jenna. Itinuro ko rin po ang bahay ni maam
Jenna.

Defense 2: Mr. Masangkay, how did you know jenna and her residence?

Translator: Mr. masangkay, paano mo nakilala si jenna at nalaman kung saan sya nakatira?

Witness: Malapit po ang bahay nila sa amin at kilala po sila sa aming lugar dahil sa kanilapo
ung compound na may magagandang bahay.

Defense 2: After that, what happened net if any?

Translator: Matapos magtanong ng 2 lalali sayo tungkol kay jenna, meron pa bang
nangyari?

Witness: Opo. Habang malapit na po ako sa eskinita kung saan ao nakatira nakita ko po si
mam jenna.

Defense 2: What happened next if any?

Translator: Matapos mongmakita si jenna, meron pa bang nangyari?

Witness: Nilapitan ko sya, sinabi ko pona merong 2 lalaki na naghahanap sa kanya. Tapos
umuwi na po ako

Defense 2: No further questions your honor

 CROSS EXAMINATION BY THE PROSECUTION

Prosecution 2: Mr. Witness, according to your previous statement, you said that while you
were about to go home, you met 2 men looking for the accused

Translator: Mr. witness, sinabi mo kanina, na noong ikaw ay pauwi na, meron kang
nakasalubong ng 2 lalaki.

Witness: Opo maam

Prosecution 2: These 2 men, have you seen them before?

Translator: ung 2 lalaki na iyong sinasabi,nakita mo ba sila noon?

Witness: Hindi pa po maam.Noon ko pa lamang po sila nakita

Prosecution 2: Will you be able to recognize these men, if youre are ask to point them out?

Translator: makikilala mob a ang 2 lalaki na itokung ipapaturo sila sayo?

Witness: opo.

Prosecution 2: Will you please point them out, if they are here in the court?

Translator: maari mo ba silang ituro,kung sila man ay naririto sakorteng ito

Witness: opo. Ayun po sya *point at Salinas*. Wala po dito ung kasama nya noong araw na
yun

Prosecution 2: When they approached you, what did they say,if any?

Translator: Noong lumapit ang 2sayo, meron ba silang sinabi?

Witness: Opo. Tinanong po nila kung kilala ko daw po si maam jenna at tinanong kung alam
ko daw po ang kanyang bahay

Prosecution 2: What did you say, if any?

Translator: may isinagot k aba sa kanila? Kung meron, ano yon?

Witness: Opo. Sabi kop o na kilala ko si maam jenna, tapos tinuroko po ung bahay ni maam
dunsa 2 lalaki

Prosecution 2: No further questions your honor

 PRESENTATION OF THE 2ND DEFENSE WITNESS

*Direct*

ACCUSED HERSELF: JENNA ROSE CHUA

JUDGE: Defense, present your witnesses

Defense 3: Defense would like to present accused herself, your honor.

Clerk of Court: I do solemnly swear to say the truth and nothing but the truth. So help me God

Witness (accused): repeat. Im Jenna Roe Chua also known as instik, residing at Rizal Ave. Cor
Ronquillo St. Binondo, Manila.

Defense 3: MS. CHUA, on the 8th evening of July 23, where were you?

CHUA: I was about to walk home from divisoria, maam.

Defense 3: And then what happened ,if any?

Witness: Si kuya fredo po,ung tricycle driver sa lugar naming,sabi may naghahanap daw
sakin

Defense 3: Did Mr.Fredo told you who were looking for you?

Witness: Opo. Sabi ni kuya Fredo, 2 lalaki daw naghahanap sakin.

Defense 3: What happened next, if any?

Witness: Papasok na po ako sa compound naming nung may lumapit na 2 lalaki.

Defense 3: Do you know those men?

Witness: Hindi po. Noon ko lang po sila nakita maam.

Defense 3: What transpired then, if any?

Witness: Nagsabi po ung 2 lalaki na meron lamang silang itatanong sakin na mahalagang
bagay. Tapos pumasok po kami sa loob ng bahay.

Defense 3: While you were inside your house, what happened next, if any?

Witness: Doon na po biglang naglabas ng baril ung isang lalaki at sinasabi nya nailabas ko
daw po ung mga droga na nasa akin

Defense 3: Do you recognize this man who took out the gun?

Witness: Opo maam

Defense 3: If he/ she is here in this court, will you able to point at him?

Witness: opo. *TURO KAY SIR SALINAS*

Defense 3: What happened next if any?

Witness: Tinanong ko po sila kung anong bagay yung tinutukoy nila

Defense 3: And then, what transpired next if any?

Witness: Bigla na pong pumasok ung ibang lalaki na pulis tapos dinala po ako sa presinto

Defense 3: How did you recognized this men as policemen?

Witness: Nung lumapit po sila sakin, sinabi po nila na mga pulis sila maam. Ung iba po sa
kanila naka uniporme po ng pulis

Defense 3: When they brought you to the precint, what happened, if any?

Witness: Doon po nila ako pinilit na sabihin ko po na sa akin ung nakuha nila tska po na
binentahan kop o sila

Defense 3: what did you do if any?

Witness: Nagsabi po ako na wala akong nalalaman sa mga nakuha nila sa akin.

Defense 3: what transpired next if any?

Witness: Doon na po ako nagsabi na gusto kong makausap ang aking abogado maam

Defense 3: No further questions your honor.

CROSS EXAMINATION BY THE PROSECUTION

PROSECUTION 3 Ms. Chua, according to your judicial affidavit, you said SPO1 Salinas
together with other policemen was brought you to the police station

CHUA: yes maam.

PROSECUTION 3: While in the police station, what did you do if any?

CHUA: I said I wanted to call my lawyer. Because the policemen forced me to admit that the
plastic they got was from me.

Prosecution 3: What did you do then, if any?

CHUA: I didnt admit that maam because the plastic is not mine. I know nothing about
those plastic.
Prosecution 3: *present the drugs*

Your honor, May I be allowed to present exhibit __ which is the alleged seized drugs?

Judge: Granted. You may present it.

Prosecution 3: This alleged seized drug, according to you was no yours, is that correct?

CHUA: yes maam. I know nothing about those plastic.

Prosecution 3: When did the policemen notified you of these drugs?

CHUA: They only showed me those while we were in the police station. Like what I said
maam, when we were in my house, Policemen entered my house and arrested me.

Prosecution 3: No further questions your honor.