Cross Examination Questions:

The purpose of these set of questions is to establish that accused in this case were unlawfully arrested and searched consistent with the ruling of the SC in People vs Amminudin There must be a lawful arrest before there can be a valid search incidental to an arrest (Malacat vs CA, 283 SCRA 159, 175 (1997) cited in People vs Chua Ho San 308 SCRA 432, 449 (1999). There was NO valid warrantless arrest since accused has not committed, was not actually committing or attempting to commit an offense in the presence of the arresting officer. If at all, they committed a traffic violation which cannot put them under arrest. For such invalid warrantless arrest, no valid search can be conducted.

I. SEARCH AND ARREST

Defense Counsel: with permission from this court, your honor.

1. Mr. Witness, you’ve been a police officer for at least 5 years?2. You have more than adequate trainings in search and arrest?3. You have attended trainings related to RA 9165?4. You have conducted many Mobile Surveillance Operations?5. I want to talk to you about the night of November 24, 2011..... The Mobile

Surveillance Operation on November 24, 2011 was not the first surveillance operation you ever conducted?

6. That night at around 11:30 in the evening, you and your fellow complainants went to Carmen Ville and Villa Azura? For clarification, your Honor

7. Your purpose in going there is to conduct a Mobile Surveillance Operation for motorcycle thievery? For clarification

8. You used a patrol car for the Mobile Surveillance Operation?9. You used a private vehicle for an official Mobile Surveillance Operation?10. Residents of Villa Azura could not know that the private vehicle you were

using is occupied by police officers?11.They could not because it was a private vehicle?12. Passersby could not know also?

13. You were also not wearing your uniform when you conducted the surveillance?

14. You were wearing civilian clothing at that time?15. So a common resident or let us say a passerby of Villa Azura or Carmenville

could not know that you and your companions are police officers?16. They could only do so if they know you personally?17. At around 12:30 am of November 25, 2011, you and your companions

decided to leave Villa Azura?18.You finished conducting surveillance in Villa Azura already at that time?19.You were about to exit Villa Azura?20.You were not able to completely exit the subdivision?21.You were still in Villa Azura?22. You and your fellow police officers saw a motorcycle?23. It was you who saw the motorcycle first?24. The motorcycle was still traversing the highway from the South Direction

when you saw it?25.Suddenly, the riders parked their motorcycle?26.They parked their motorcycle across the highway?27.They parked it on the curb of the highway?28.On the side of Villa Azura?29. Across Villa Azura?30. They parked their motorcycle across from you?31. You were still inside your private vehicle when you saw the motorcycle?32.You and your companions are near each other when you saw the

motorcycle?33.Did the motorcycle park in a well-lit area?34. All of you could clearly see the motorcycle?35.The motorcycle was far from you?36.The motorcycle was near your vehicle?37. It was less than 2 meters away from you?38.It was less than 5 meters away?....so on39.All of you could see the two(2) men riding on that motorcycle?40. You could see them clearly at that distance?

41.You could see their faces?42. You could recognize them?43.Did you know my clients before the incident that happened between

November 24 and 25, 2011?44. During your police work, have you ever heard of Mr. Marinay and Mr.

Sajulga?45. You could see what they were doing after disembarking?46. You could see what they were wearing?47.Was there anything suspicious about their conduct when you saw them?48.You said in your joint affidavit of apprehension that they sat immediately

upon sensing your vehicle?49.You presumed that they sat immediately on the concrete barrier upon

“sensing” your vehicle?50.You presumed that the reason why they sat immediately was because they

sensed you?

--Your Honor, we would like to present Exhibit__ wherein the police officers said that the two(2) persons sat immediately on the concrete barrier upon sensing their presence.

51. You consider sitting on a concrete barrier as an unusual conduct?52.You consider this as a suspicious conduct?53.It is not a normal conduct of a traveller?54.A normal traveller cannot sit down on a concrete barrier without being

accosted?55. Their act of immediately sitting on the concrete barrier UPON sensing you

is what prompted you to park your vehicle beside their motorcycle?56. While sitting on the concrete barrier beside the road, were they doing

anything else that is considered to be a crime?57. Is sitting on a concrete barrier an overt act indicating that they committed

a crime?58.Is sitting on a concrete barrier an indication that they were committing a

crime?

59. Is sitting on a concrete barrier an indication that they just attempted to commit a crime?

60.So it is normal to sit on the concrete barrier?61.Is it a suspicious conduct?62.Is it an illegal or shall we say criminal conduct?63.So really, they did nothing wrong when you saw them disembark?

No further questions, your Honor.

64. You proceeded to park your vehicle beside their motorcycle?65. So at the time you accosted them, their motor vehicle was not moving

anymore?66. It was already parked?67. It was not in transit?68. You deliberately parked your vehicle near the motorcycle to investigate?69.Did you and your companions disembark from your vehicle after parking

near the motorcycle?70.All of you saw at the same time that the plate number is dilapidated?71.Was it you who saw that the plate number is already dilapidated?72. Was it faded?73. You cannot read the plate numbers clearly anymore?74. Having a dilapidated plate number is a mere traffic violation?75. You did not arrest my clients for the traffic violation?76. You merely accosted them for such traffic violation?77. Such traffic violation only imposes a fine on the violator?78. You cannot arrest someone solely for having a dilapidated plate number?79. You proceeded to look at the Chassis and Engine Number of the vehicle

without a search warrant? 80. You found the pouch while checking the Chassis and Engine Number?81. When you found the pouch, was it already open?82. You found the unopened pouch before arresting the herein accused?83. It was not a kind of pouch wherein you can see what is inside without

opening it?84. It really was not a transparent pouch?

85. You did not know what was inside?86. You wanted to know what was inside?87. Then you opened the pouch?88. You opened it without a search warrant?89. Upon seeing the three(3) pieces heat-sealed transparent plastic sachet

containing white crystalline substance believed to be Shabu, you immediately placed them under arrest?

90. So you obtained the 0.3403 grams of shabu marked Exhibit___ prior to arresting the accused?

91.You arrested them for transporting illegal drugs?92.You arrested them for transporting illegal drugs after you obtained the

alleged shabu without a search warrant?No further questions, Your Honor.

II. CHAIN OF CUSTODY1. Mr. Witness, are you familiar with RA 9165? Particularly Section 21, Art II of

the said law?2. Mr. Witness, did you prepare an inventory of the objects seized?3. Was it prepared before the arrest?4. Was it prepared after the arrest?5. Were you alone when you prepared the inventory?6. Were you with your fellow complainants? 7. Were they within the viewing chu2x? (range or proximity)8. Was the accused with you when it was prepared?9. Am I correct Mr. Witness that the inventory was prepared not in the place

where it was seized?10.Now, you were supposed to require the accused to sign this inventory, did

you have him sign this inventory?11. Was there another person when the inventory was made?12.Did he/they sign the inventory?

- Your Honour, we would like to present to this honourable court a copy of the receipt for property seized. Only three out of four seizing officers

were able to sign Your Honour however, no witness signed the inventory or the accused himself.

III. Handling1.