Direct+Examination+of+Arresting+Officer+on+Illegal+Possession+of+Drugs

Direct Examination of Arresting Officer on Illegal Possession of Drugs Name of Witness: PO2 Frederick Valiente Philippine National Police, Makati City

Purpose : The witness will testify on the arrest made to accused Antonio Mendoza for having possessed illegal drugs; the testimony of PO2 Valiente is being presented and offered to prove the following: (1) (2) (3) (4)

(5)

That he is a member of the Philippine National Police by profession That he will testify as one of the witnesses for the Prosecution That he is presently a member of the Philippine National Police Criminal Investigation and Detention Group That he was the one who effected the arrest of accused Antonio Mendoza And to prove such relevant matters.

Main testimony of the witness

Q : Mr. Witness, how are you employed? In other words, what is your profession? A

: I am a bona fide member of the Philippine National Police.

Q

: What is your rank as a member of the Philippine National Police?

A

: PO2 sir.

Q

: How long have you been in the service as a police officer?

A

: I have been in service for almost 11 years now. I started since 1998.

Q

: Where are you designated, Mr. Witness?

A

: I am currently designated at the Precinct 9 Guadalupe Viejo, Makati.

Q : You mentioned in your affidavit of arrest that you are a member of the Philippine National Police Criminal Investigation and Detention Group, is that right? A

: Yes, you Honor.

Q

: Since when have you been serving as a member of that group?

A

: I have been a member of the PNP CID since 2006.

Q

: On the 29th of May 2009, were you working?

A

: Yes, your Honor.

Q

: Were you assigned any task on that day?

A : I was assigned to go to JP Rizal as there was a scheduled anti government rally that day. We were tasked to oversee the peace and order situation on that scheduled event.

Q : Can you describe to us what you saw when you arrived at JP Rizal Extension? A

: At around 7 pm, I saw a group of men in a corner, one of whom was

sitting and holding a barbeque stick with a plastic inserted at one of its end which I suspected to contain shabu.

Q

: Can you describe further what the man was holding?

A

: That was roughly around 5 x ¾ plastic, your honor.

Q

: During that time, did you know what was contained in the plastic?

A : I suspected it to contain “shabu” your honor due to the familiarity of the usual paraphernalia for the use of such prohibited drug.

Q : What did you do next when you suspected that the content of the plastic was shabu? A : I approached him and identified myself as a policeman and confiscated the plastic sachet and proved that my suspicion was correct.

Q : When you proved that the content of the plastic was in fact shabu, was the arrest of the man effected? A

: Yes, your honor.

Q : The man holding a barbeque stick, do you see him in the courtroom today? A

: Yes, your honor.

Q : Would you point him out please and mention an article of his clothing? A : (witness points the accused Antonio Mendoza) The accused is wearing a sleeveless yellow tight-fitting shirt and a pair of skinny leather jeans.

Prosecutor: your honor, may the record reflect the identification of the accused, Antonio Mendoza.

Q

: What transpired when you arrested him?

A : He identified himself as Antonio Mendoza. Thereafter, i informed him of his constitutional rights.

Q

: Did he make any response regarding his constitutional rights?

A

: None, your Honor.

Q

: Which police station did you bring the accused to?

A

: I brought him to the Makati Police Station.

Q : Upon arrival at the Makati Police Station, what happened to the confiscated items? A : I submitted it to the desk officer on duty who then submitted the same to the laboratory for analysis.

Q : Mr. witness, do you remember having executed any statement regarding this case? A

: Yes, your honor.

Q : I am showing you an Affidavit of Arrest executed by PO2 Frederick Valiente which was previously marked as Exhibit “B” during the pre-trial. Will you go over this and tell if that is the statement of yours? A

: Yes, your honor.

Q : And above the name PO3 Frederick Valiente is a signature. Whose signature is that? A

: My signature, sir.

Prosecutor: May we pray, Your Honor, that the name Frederick Valiente and his signature in the affidavit be bracketed and marked as Exhibit “B-1”? (Court: ________)

Prosecutor: No further questions, your honor.