People Vs Marbabies
People Vs Marbabies
On December 10, 2020, the police operatives of Tacloban City Police Station Anti-Illegal Drugs
Special Operation Task Force had arrested a certain Paul Botels for possession of illegal drugs. Upon
investigation, they gathered from Paul Botels that the source of the illegal drugs was Juan Marbabies
who hails from Brgy 110 Utap Zone 1 Tacloban City.
As per this information, Police Chief Inspector Agbon formed a team that would conduct a buy-
bust operation for the apprehension of accused-appellant. The team was composed of himself, SP04 XYZ,
SPO1 ABC, PO3 DEF, PO3 GHI, PO2 Caña, PO1 MNO and PO2 PQR. The marked and boodle money
were given to PO2 Caña who acted as the poseur-buyer.
Before proceeding with the buy-bust operation, the team prepared the pre-operation report
addressed to the Philippine Drug Enforcement Agency (PDEA), the authority to operate and the
coordination paper. They also have invited a representative from the media, a staff from the DOJ and
a barangay official from Utap. On December 15, 2020, at around 4:30 in the afternoon, the team
together with Botels, a media representative, a DOJ representative proceeded to Brgy 110 Utap Zone 1
Tacloban City. Upon reaching the place they made a surveillance and assumed their respective positions.
At the target area, P02 Caña and Botels went to Juan Marbabies’ house. While outside the gate,
Botels summoned accused-appellant and the latter came out after a few minutes. The two men talked with
each other in the Waray dialect. Botels introduced PO2 Caña as his friend to accused-appellant and told
him that PO2 Panopio was interested to buy shabu. PO2 Panopio asked for the price of five (5) grams of
shabu. Accused-appellant replied that the same would cost him ₱8,000.00 and asked him if he has the
money. When PO2 Panopio confirmed that he has the money with him, accused-appellant asked them to
wait and he went inside the house. When he returned after a few minutes, he handed a plastic sachet
containing a substance suspected as shabu to PO2 Caña who in turn gave him the marked and
boodle money. Accused-appellant was about to count the money when PO2 Caña gave the pre-arranged
signal to his team and introduced himself as a police officer.
Accused-appellant resisted arrest and ran inside the house but PO2 Caña was able to catch up
with him. The other members of the team proceeded inside the house and they saw the other accused,
ACCUSED NUMBER 2 gathered around a table re-packing shabu weighing a total of 2.7 grams (9
pieces of small transparent plastic sachet). PO2 Caña confiscated the items from them and placed the
same inside a plastic bag.
At the crime scene, PO2 Caña conducted a physical inventory and photographing of the seized
items immediately after seizure and confiscation. The said inventory was done in the presence of the
accused, media representative, DOJ representative and the brgy official. They were asked to sign the
copies of the inventory and were given a copy thereof.
(Take note: these 3 essential witnesses are physically present at the time of apprehension)
The specimens were then brought to the police crime laboratory for testing. The specimens
yielded positive to the test for methylamphetamine hydrochloride or shabu. Consequently, a case for
Violation of Section 5, Article II of R.A. 9165 was filed against accused-appellant and another for
Violation of Section 11, Article II of R.A. 9165 against him and his co-accused.
Other Members: Help the group (especially Yrna and Ervin) in the evidences required such as the
“marked money and confiscated drugs”
Ablan
Mutia
Palomino
Tabaranza
BRGY OFFICIAL
Briton
MEDIA REPRESENTATIVE
Dacillo
DOJ REPRESENTATIVE
Macayan
PROSECUTORS
Salamida
Abuda
Baqueros
Evidences Needed in Prosecution:
1. Judicial Affidavits of the mentioned people
2. Marked money and drugs - c/o Tabaranza/Palomino/Mutia/Ablan
3. Photographs of the suspect/s and evidence - c/o Tabaranza/Palomino/Mutia/Ablan
POLICE (attachments)
4. Copy of the Spot Report – c/o Tabaranza/Palomino/Mutia/Ablan
5. Copy of the Inventory of Property Seized duly verified under oath – c/o Saavedra
6. Copy of the Request for and Result of Laboratory Examination of seized items - c/o
Tabaranza/Palomino/Mutia/Ablan
7. Copy of the Request for and Result of Physical/Medical Examination and drug test of the
suspects - c/o Tabaranza/Palomino/Mutia/Ablan
8. Copy of the Request for and Result of ultra violet examination on the buy-bust money used and
the suspect - c/o Tabaranza/Palomino/Mutia/Ablan
9. Affidavit of Arrest executed by the arresting officer - c/o Saavedra
10. Affidavit of Poseur buyer to be prepared by the poseur buyer – c/o Yrna
11. Copy of the Initial drug test result – c/o Lastrilla/Obediencia/Golong
12. Copy of the Receipt of Turn-Over of Evidence – c/o Saavedra
13. Copy of the Receipt of Turn-Over of the arrested suspects - c/o Saavedra
14. Duly accomplished Booking sheet and arrest report - c/o Saavedra
15. Photographs of the suspect/s and evidence - c/o Tabaranza / Palomino / Mutia / Ablan