epebiic of she Philippines
DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
Monaco the Provincial Prosecutor
‘Naval.
{ps Docket No. WINE 1INO-2022- 1-900
IA V MARIA FIELINA M, BACHA,
Compa
vm or, Violation of Sec. 5 tn relation to
‘Sec. 26 [par. B] & See. 11 Art
11 of RA 9168
RODOLFO UMPACAN @ “Toto”
MARIA UMPACAN @ “Mia”,
Respondents
we 1002
Date Assigned : February 1, 2022 Date Promulgated.
Dave Resolved : March 9, 2022
NPS Docket No. VIII-14-INV-20228-000184%
IA V MARIA FELINA M. BACHA,
Complainant,
For: Violation of Sec. 5, in relation to Sec
26 {par. B] & Sec. 11 of Art. 11
sversus-
OFRA 9165
RODOLFO UMPACAN @ “Toto”
MARIA UMPACAN @ “Mia”,
Respondents.
Date Promulgated
Date Assigned : Febresary 10, 2022
Date Resolved : March 9, 2022
pay
JOINT RESOLUTION
5 filed by LA V Maria
consolidates the criminal cases for Violation of RA 916
conducted by the Philippine Drug
This
Felina M. Bacha, Team Leader of the operation
Enforcement Agency, Biliran Provincial Office on January 31, 2022 in the Municipality of
1jPageeer
RODOLFO UMPACAN @
yo, Kawayan, 8
ether, the sates
UMPACAN
x are intertwined withs each
the same, the complaints are heteby
ue that the the
wvitmenses ana the pieces
ittiew as according to the compl
The factual
the Biliran Provineial Office avers
orromeo of PDEA assigned
around 6:50 o'clock in the
tion which was
com his confidential informant that
101 Christopher Be
fe
that prior to the conduct of the buyb
2022, he receives
to and his cohorts were engaged in an illegal drug activity
evening of January 31,
wat tip, he then immediately relayed
a certain Rodolfo Umpacan @
, Biliran, Upon learning,
ry 31, 2022, at around
Thus, on Januat
at the Kawayan
ing LAV
in Bray. Masagaosao, Kawa
jd information to Provincial Officer IAV Bacha.
4a team that would conduct a briefing
the sa
4.00 o'clock, IAV Bacha organized
Municipal Police Station together with their confidential informant. During the br
Bacha informed the joint team of operatives that a certain Rodolfo Umpacan @ Toto and
cohorts were actively selling shabu in his residence located at Brgy. Masagaosao, Kawayan,
Biliran. Further IAV Bacha informed the team that the confidential informant was already
able to gain the trust and confidence of @Toto and that he could imtroduce the designated
poseur-buyer [101 Borromeo] to him. Aside from the being the designated poseut-buyer, the
.d as the evidence custodian at the same time, while PCpl Rocky
latter was also designate
Sabiano was assigned as back-up arresting officer and SOIL Regie Macutay as the
photographer and videographer. The rest of the team were assigned as back-up and perimeter
security. Tasked to call and contact the required insulating witnesses was Patrolman Eddie
Roble, It was agreed during the briefing that the pre-arranged signal to signify that the
transaction had already been consummated would be to drop a call to LAV Bacha, and it will
be the duty of IAV Bacha to signal the rest of the team to inform the other members of the
2|Page——7~we™”™”S—™-—~&.—“Mh Ft—
nt SNE AX326372 which TOL
seam regarding the consummation ofthe ransaction:
acha handed vo 10} Borromeo one-piece S00-pe#0 Pi
initiate "CWB" on the upper HiaNE PO
Av
o orocopied
“Aner about an hoor for de peeparmtion ofthe Way spas operation 1 > Borromes and
sat bourdicl va esomoreycie beaded crane Dewy. MAASAI
team. They arrived near the
the confiensial inform
iran followed by the rest of the members of the
«4.5:40.'ciock in the afternoon. Thereat, the poser buyer WAS
mnsaction at the residence
Kawaya
area of the transaction at arot
arrival near the gate of @Toto,
informant that they would have their tra
pants, together with a certain
informed by the confide
of Toro, thus, they proceeded to the said area. Upon thetr
101 Borromeo saw a man wearing white t-shirt and dark short
Poe eerioe ene rene wits) red jueves) THe counentet ESS then
ter motioned them to go nearer. The
9 as the buyer of the
@Mia who ws
exchanged pleasant
confidential informant then introduced the
“shabu”, Toto asked as to how much he would buy
money at the same time.
pocket of her jacket which she
ies with @Toto and then thi
poseur-buyer to @Toto
‘and when he replied that he was buying
‘Toto right away handed
worth PhP 500.00 only handing him the
the money to Mia and the latter took something from the
{in tun Toto handed to 101 Borromeo, the poscur-buyer. The
sanded to him containing white crystalline
handed to Toto, and which
jiece heat-sealed sachet hi
“shabu. Thus, he dropped the agreed call and.
latter scrutinized the one-
substance which he believed right then to be
declared himself to be PDEA operative and tried to get
ade him lose his grip prompting the said respondent
tried to
« hold of Rodolfo Umpacan but the
latter was able to push him hard which m:
to get inside the house while his wife, Maria Umpacan attempted to lock the gate and
that he used reasonable force to open the gate and chase both.
tried to escape, she accidentally slipped on the floor that
escape. IOI Borromeo claims
sit down on the sofa. He declared arrest while the rest
respondents. While Maria Umpacan
he was able to hold her and made her
of the team chased Rodolfo Umpacan. When the witnesses to the inventory arrived, IOLL
Bernadette Cajara conducted body search on the person of Maria Umpacan and in the course
3] Pagey
Ww
Ee[1 neat sealed transparent
102 cain
{11300 peso bl with SN AX926392 and
ance which resembles "shabu!
> whieh the Tater then
sony Marlon Mecarai, Ms, Reana G. Coles and
heat sealed sachet
thereof she foo
yet containing white £07
plastic aac
aiued in the presence of MIAN
tikewise marked the one piece
ventory, the suspected shabu Were
Hoo. Rayman Halo, Jt
1 was the subject of the sae, Aer the conduct of i
for laboratory examin
101 Mo
jon which results yielded
known as “shaba”
crime: laboratory
stamine hydrochloride tocally
men
positive for the presence of methamphe
Ing of the above-capeioned complaints
he operation, Security Officer TT Regie R
was the one who took the photographs.
‘This th
‘The designated photographer during
Macutay of PDEA Regional Office VIII swore that he
icted the handling of the money to IO1 Christopher
He also took photographs during the conduct of
at the residence
during the briefing conducted which dep!
Borromeo being the assigned poseur-buycr.
ne recovered picees of evidence which took place
he extracted the audio-video recordings
1e respondents, Further,
the physical inventory of
of the respondents. Moreover, he also swore that
from the body-worn camera in a computer data in the presence of th
no data was retained in
502 Regie Macutay certifies that in the extraction of the recording,
their office nor a motion for retention of date was filed before the proper authorities.
On the other side of the spectrum is the version of the respondents which we now ty
to consider,
Sister who works at the Kawayan National High School narrates
‘Maria Umpacan y
that on January 31, 2022, she arrived from work in her house located in Brgy. Masagaosao,
Kawayan, Bilan at around 5:20 o'clock in the afternoon. After changing her clothes, she
wanted to rest early but they had no viand yet in the house so she bought some ampalaya,
onion and cooking oil. When she went back to her house, she then washed and prepared the
ampalaya for cooking, brought the chopping board, knife and ampalaya at the table in the
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