SAN JOSE POLICE STATION

June 2, 2016

HON. PROVINCIAL PROSECUTOR

HALL OF JUSTICE
DUMAGUETE CITY

SIR:

I am filing a Criminal Complaint for Violation of Section 5, ART. 2 of R.A. 9165 otherwise known as
“Comprehensive Dangerous Drugs Act of 2002” or any other crime you may deem fit and proper against
IAN VAN MAMUGAY, 44 years old, married and a resident of Jilocon, San Jose, Negros Oriental.

In support thereof, enclosed herewith are affidavit of Arresting Persons, photographs and other
supporting documents vital for prosecution of this case.

1. Joint Affidavit of Arrest of PO2 JAY E. BACUAC and PO2 TOMMY B. SOBREVIGA-PNP San Jose
2. PDEA Coordination (Machine Copies)
3. SPOT Report
4. Receipt of the inventory of the items seized/confiscated (Machine copies)
5. Request for and Results of Drug Test and Laboratory Examination on the drug specimen
(Machine Copies)
6. Booking Sheet and Arrest Report (Machine Copies)
7. Photographs on Evidences/ Items Confiscated I the presence of Appropriate Witnesses
8. Photographs of Suspects

Further request conduct Inquest Proceedings of this case and if evidence may warrant please file the
necessary information in court.

Respectfully yours,

PO2 JAY ELMENZO BACUAC

Complainant

SUBSCRIBED AND SWORN TO before me this ___ day of June, 2016 at Dumaguete City
 Republic of the Philippines
Department of Justice
OFFICE OF THE PROVINCIAL PROSECUTOR
Province of Negros Oriental
Hall of Justice, E.J. Blanco Drive
Dumaguete City

PO2 JAY ELMENXO BACUAC NPA DOCKET NO. VILL-04-INQ-16F-0026

Complainant, For: Violation of Section 5, Article II of R.A. NO 9165

-versus-

IAN VAN MAMUGAY

Respondents.
x-------------------------------

RESOLUTION

This case was initially for inquest proceedings, however, respondent assisted by Atty. Gary
Guido Q. Tabios of the Public Attorney’s Office—Dumaguete City North District, executed a written
request for preliminary investigation and signed a waiver of his rights under Article 125 of the Revised
Penal Code. Thus, regular preliminary investigation and clarificaory hearing was onducted by the
undersigned on June 7, 2016.

The arresting officers PO2 JAY ELMENZO BACUAC and PO2 TOMMY BAMA SOBREVIGA narrate
that they are members of MAIDSTOG of San Jose Police Station, assigned to enforce R.A. No. 9165
within their territorial jurisdiction, in coordination with PDEA. They claim that respondent Ian Van
Mamugay is one of their targeted drug personalities. They asseverate that on June 1, 2016 around 7:00
PM, their office received an information from heir confidential agent that respondent was spotted
selling shabu at Jilocon, San Jose, Negros Oriental. After verifying such report through surveillance, their
team leader Police Inspector Elpidio Remorca Tago-an Jr. conducted a briefeing for an entrapment
operation through a buy bust against respondent. Buy bust money in the amount pf Php 100.00 in
denomination of Php 100.00 with serial nos. EE906211 and XD067883 were prepared. PO2 Bacuac was
designated as the poseur-buyer, and the other members of the team were designated as back-up.
P/Insp. Tago-an coordinated with PDEA.

At around 8:00 of the same date, the team proceeded to the designated area at Jilocon, San
Jose, Negros Oriental. The other members who were designated as back-up positioned themselves in a
strategic location. PO2 BACUAC and PO2 SOBREVIGA met the respondent who was then waiting for his
customers. They pretended to be buyers and inquired if the shabu was worth Php 200.00. respondent
then affirmed and asked the two whether they are interested to buy. After they affirmed, respondent
then pulled out from his right front pocket one (1) small transparent heat-sealed sachet containing
white granules containing white granules suspected to be “shabu”, and showed the same to the two
officers. PO2 Bacuac gave the respondent two (2) 100-peso bills marked money which were received by
the latter. Respondent then handed to PO2 Bacuac the sachet of suspected shabu. After examining and
verifying the same to be shabu, PO2 Bacuac and PO2 Sobreviga identified themselves and police officers
and placed respondent under arrest for violation of Section 5 of R.A. No. 9165. Simultaneously, PO2
Sobreviga made the pre-arranged signal. Instantly, the back-up members rushed to their location and
assisted them in such arrest. Upon arrest, PO2 Sobreviga apprised respondent of his constitutional rights
in Cebuano dialect which is known to him. The buy-bust money bills were recovered from the
respondent. As the seizing officer, PO2 Bacuac took hiold of all seized items. For security reasons and
because the place was too dark, the inventory of the buy-bust money and the sachet of the suspected
shabu was conducted at San Jose Police Station, which was witnessed by the respondent, a Brgy. Official
and a media representative. The seized sachet of suspected shabu was thereafter submitted to Crime
Laboratory for forensic examination, which yielded positive for “shabu”.

DISPOSITION

The primary purpose of an Inquest Proceeding I to determine the validity of the warrantless arrest and
whether or not the arrested person should remain under custody and correspondingly be charged in
court. It inquires into whether the warrantless arrest of a person was valid and whether the same was
probably based on probable cause.

The respondent in this case was arrested without a warrant after a successful buy-bust
operation was conducted against him. Under Section 5 (a), Rule 113 of the rules of Court, a person may
be arrested without a warrant if he “has committed, is actually committing, or is attempting to commit
an offense1.” When an accused ids apprehended in flagrante delicto as a result of a buy-bust operation,
the police officers are not only authorized but duty-bound to arrest him even without a warrant. 2 An
arrest made after an entrapment operation does not require a warrant inasmuch as it is considered a
valid “warrantless arrest.”3 A buy-bust operation is a form of entrapment which in recent years has been
accepted as a valid and effective mode of apprehending drug pushers. In a buy-bust operation, the idea
to commit a crime originates from the offender, without anybody inducing him to commit offense. If
carried out with the due regard for constitutional and legal safeguards, a buy-bust operation deserves
judicial sanction.4 Based on the foregoing, the warrantless arrest of the respondent is herein valid.

The first paragraph of Sec. 5 of R.A. 9165 punishes the act of selling dangerous drugs. It
provides:

1
Rules of Court, Rule 113, Section 5 provides:
Sec 5. Arrest without warrant; when lawful. — A peace officer or a private person may, without a warrant, arrest a
person:
(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to
commit an offense;
(b) When an offense has just been committed, and he has probable cause to believe based on personal knowledge
of facts or circumstances that the person to be arrested has committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is
serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred
from one confinement to another.

2
People v. Manlangt, GR No. 189806, 12 January 2011, 639 SCRA 455, citing People v. Doria, 361 Ohil. 595 (1999).
3
Id. Citing People v. Agulay, G.R. No. 181747, 26 September 29008, 566 SCRA 571.
4
People v. Agulay, G.R. No. 181747, September 26 , 2008, 566 SCRA 571, 593-594.
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or
transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved,
or shall act as a broker in any of such transactions

The case of People v. Macatigag5 prescribed the requirements for the successful prosecution of the
crime of illegal sale of drugs, as follows:

The elements necessary for the prosecution of illegal sale of drugs are (1) the identity of the buyer and the seller, the object,
and consideration; and (2) the delivery of the thing sold and the payment therefor. What is material to the prosecution of
illegal sale of dangerous drugs is the proof that the transaction or sale actually took place, coupled with the presentation in
court of evidence corpus delicti.

The pieces of evidence adduced by the complainant and his witness amply demonstrate that all
the elements of the crimes charged were satisfied. Bot statements of PO2 Bacuac and PO2 Sobreviga
positively identified PO2 Bacuac as the poseur-buyer and the respondent as the seller of one (1) sachet
containing white crystalline substance for Php 200.00. PO2 Bacuac positively stated that the said sachet
was the same sachet given by the accused and that tow (2) marked 100-peso bills were given by PO2
Bacuac containing 0.16 gram, was brought to the crime laboratory for forensic examination, where a
chemical analysis on the substance confirmed that the same was shabu, a dangerous drug. Moreover,
the chain of custody of the seized items were established and legal procedures were properly observed
in the seizure and custody of the subject drug, with due regard to constitutional and legal safeguards.

On the other hand, respondent did not submit counter-affidavit and other evidence to
controvert the allegations of the complainant and his witnesses.

WHEREFORE, it is hereby found that there is sufficient ground to engender a well-founded belief
that the crime of Violation of Section 5, Article II of RA 9165 has been committed, and that respondent is
probably guilty thereof, and hence shall face trial. Let an appropriate information be filed against
respondent IAN VAN MAMUGAY before the appropriate court, with no bail recommended.

June 10, 2016. Dumaguete City, Philippines.

GAIL BORROMEO
Prosecutor I
MCLE Complance No. V-0015008
Until 04/14/2019

APPROVED:
KRIZEA MARIE K. DURON
Provincial Prosecutor
Copy furnished:
-PO2 Jay Elemenzo Bacuac-PNP, San Jose, Negros Oriental
-Ian Van Mamugay - Jilocan, San Jose, Negros Oriental

5
G.R. No. 181037, January 19, 2009, 576 SCRA 354, 361-362
-Atty. Rommel Erames- Dumaguete City