Case Review Committee

on Dismissed Cases related to Illegal

Drugs and Heinous Crimes

Conference Room, Camp Capt. Domingo E Leonor

San Pedro Street, Davao City
November 11, 2016/10:00 AM
VERSION OF THE PROSECUTION
PO2 Jefferson Torno claimed that at about 12:35 pm of
April 5, 2004, a Confidential Agent informed him that
there is a drug pusher selling drugs in the area of Toril;
A briefing and PDEA coordination was then held by the
Police Station for a conduct of a buy-bust operation
wherein it was agreed that PO2 Jefferson Torno will
act as the poseur-buyer and PO2 Rogelio Rosete as the
immediate back-up;
At about 2:00 PM of April 5, 2004, a buy bust operation
was conducted which led to the arrest of a certain
Gina Liva Talingting a.k.a. Gina;
VERSION OF THE DEFENSE
The accused claimed that at about 10:00 AM of
April 5, 2004, she was on her way to Bartolosa,
Lubogan, Toril, Davao City onboard a tricycle when
they were blocked by a motorcycle driven by a
certain Nonoy Altamirano and PO3 Catalino Jalalon
as the backrider;
That PO3 Jalalon disembarked and pointed a gun at
her and was brought to Country Homes, Lubogan,
Toril wherein she was arrested for allegedly selling
illegal drugs;
DURING THE TRIAL
PO2 Torno averred that there is no pre-arrange
signal agreed during the briefing but PO2 Rosete
stated that the pre-arranged signal is when PO2
Torno hold the hand of the accused;
PO2 Torno also stated that the show money, Php
1,000.00 bill, was returned to the Chief of Police
and thus was not made part of the exhibit and not
recorded in the blotter;
DURING THE TRIAL
PO2 Torno also testified that they immediately
brought the accused to the police station after the
arrest wherein the tagging and marking of seized
items were also made;
DURING THE TRIAL
Regional Crime Laboratory Office 11 (RCLO 11)
presented Chemistry Reports No. D-129-2004 and
DT-227-2004 showing that the seized two (2)
sachets of crystalline substance and the urine
sample of the accused were both found positive of
methamphetamine hydrochloride.
A demurrer to evidence was filed by the defense
but eventually denied by the court for lack of
merit;
DURING THE TRIAL
Accused averred that after the arrest, she was
made to undress and spread her legs exposing her
vagina as the police officers alleged that she has
shabu hidden therein;
She also claimed that she was detained at Police
Station 8 for more than a year wherein she was
made to give the police officers, most specifically
to PO2 Jalalon, cash money amounting to more or
less Php 200,000.00;
DURING THE TRIAL
That she was detained a Police Station 8 and was
directed to apply for the benefits of Section 33 of
RA 9165 but on April 22, 2005, the said application
was denied thus the court directed her transfer to
Davao City Jail in Maa, Davao City.
The defense presented another witness identified
as Raul C Altamirano who claimed that he was a
former member of the auxiliary police of Toril
Police Station;
DURING THE TRIAL
He testified that at about 10:00 am of April 5,
2004, he was driving motorcycle of PO2 Jalalon
with the latter as the passenger and when they
reached Villarosa Subdivision he saw PO2 Jalalon
disembarked the motorcycle and pointed a gun to
the accused;
He likewise claimed that he did not see the
accused selling drugs and declared in open court
that he only want to tell the truth;
DECISION OF THE COURT
Prosecution fail to prove all the material details of
the buy-bust operation;
PO2 Torno and PO2 Rosete failed to established the
manner by which the accused was initially contacted;
The offer to purchase the drug and the payment the
buy-bust money was not discussed during the buy-
bust briefing;
PO2 Torno declared that a show money of Php
1,000.00 bill was used in the buy-bust operation but
cannot present the same alleging that it was
returned to the chief of police;
DECISION OF THE COURT
Defense witness Altmirano positively stated that he
was the driver of PO2 Jalalon when they blocked the
tricycle ridden by the accused and that he never saw
the accused selling drugs;
The unrebutted testimony of Altamirano points to
the telling that the apprehending officers made it
appear that there was an actual buy-bust operation
that occurred, when in fact there was none;
PSUPT Marvin Manuel Pepino should knew pretty
well that the accused cannot avail Section 33 of RA
9165 because she was already a drug surrenderee;
DECISION OF THE COURT
PO3 Jalalon, in conspiracy with PO2 Torno and PO2
Rosete, caused or executed the unlawful arrest and
detention of the accused on April 5, 2004;
All the fabrications and concoctions were belied by
the straightforward testimony of Raul C Altamirano;
Even assuming there is a legitimate buy-bust
operation, the links in the chain of custody was not
sufficiently and credibly established;
All said, the accused may be a user of illegal drugs
but it was not proven that she sold two (2) sachets
of shabu to PO2 Torno;
DECISION OF THE COURT
The accused, Gina Liva Talingting, is acquitted for
utter lack of evidence and merit;
Sec. of DILG, Vice Chairman of Napolcom, Regional
Director of PRO XI, City Director of DCPO, Deputy
Ombudsman of Mindanao, and the Office of City
Mayor of Davao are hereby directed to conduct
proper investigation, and if probable cause exists,
file the necessary criminal action such as perjury,
serious illegal detention, and planting of evidence
under Section 29, Article II of RA 9165;
MANDATE OF THE ARD PRO XI
Case Review Committee must convene to evaluate
the aforesaid dismissed illegal drug case with
reference to PNP CMC 49/13 and submit action
taken as soon as possible.
Case Review Committee
on Dismissed Cases related to Illegal
Drugs and Heinous Crimes

Conference Room, Camp Capt. Domingo E Leonor

San Pedro Street, Davao City
November 11, 2016/10:00 AM