Facts:Prosecution ViewPO3 Duran with P01 Cunanan and Laxa were at Concha Street, San Andres Bukid, Manila[footnoteRef:1]. At 1:45am April 13, 2009, they saw NORMAN BUENAFE DIMAIN, accused, with two other companions holding cigarette pipe[footnoteRef:2]. They were five meters away from the accused when they smelled the pungent smell of marijuana[footnoteRef:3]. The officers immediately arrested the suspect while the other two run away from them[footnoteRef:4]. PO3 was able to recover an improvised pipe from the accused[footnoteRef:5]. [1: Transcript page 3] [2: Joint Affidavit of Apprehension] [3: Transcript page 4] [4: Transcript page 4] [5: Transcript page 4]

On the police report, Norman was subjected to search and the police officers recovered improvised piped with some marijuana[footnoteRef:6]. They marked it NDB. The police officers brought the accused to the Ospital ng Maynila for Medical/Physical Examination[footnoteRef:7]. Then they brought the accused and pieces of evidences in the police station for investigation and disposition[footnoteRef:8]. The evidence was brought to SOCO, MPD for examination to determine if the specimen submitted is positive for dangerous drug[footnoteRef:9]. The results yielded positive for dangerous drug.[footnoteRef:10] [6: Joint Affidavit of Apprehension] [7: Joint Affidavit of Apprehension] [8: Joint Affidavit of Apprehension] [9: Joint Affidavit of Apprehension] [10: Joint Affidavit of Apprehension]

On trial, P03 told the court that he made the marking with use of ball pen NDB on the pipe based on Norman Dimain Buenafe[footnoteRef:11]. Then he turned over the said pipe when the investigation started[footnoteRef:12]. He also identified the said pipe as the same pipe found on the scene[footnoteRef:13]. [11: Transcript page 4, page 8] [12: Transcript page 6] [13: Transcript page 6]

Defense ViewThe accused was drinking alone at 2173 Concha Street on April 13, 2009[footnoteRef:14]. When he was about to buy two cigarettes, he saw two men running and bumped him[footnoteRef:15]. After he was thrown down by the bump, he was arrested by police officers[footnoteRef:16]. [14: Transcript page 14] [15: Transcript page 14] [16: Transcript page 15]

The police officers told him that the accused made their life hard because he was running from them[footnoteRef:17]. However, he asked them what he did wrong[footnoteRef:18]. Then they brought him to the police station[footnoteRef:19]. He was arrested for illegal drugs[footnoteRef:20]. He said that the drugs came from police officer Duran and they just implanted it to him[footnoteRef:21]. [17: Transcript page 15] [18: Transcript page 15] [19: Transcript page 15] [20: Transcript page 16 ] [21: Transcript page 16]

It was revealed on trial that there was an encounter with the arresting officer before the incident[footnoteRef:22]. He bumped their vehicle[footnoteRef:23]. [22: Transcript page 17] [23: Transcript page 17]

At April 13, 2009, Ryan Bilbao was at computer shop located along Concha Street[footnoteRef:24]. He saw Norman eating junk foods and smoking and drinking at that time[footnoteRef:25]. He saw the police officers going to Normans place and arrested him[footnoteRef:26]. He also saw the companions of Norman running away from the police officers[footnoteRef:27]. [24: Transcript page 21] [25: Transcript page 22] [26: Transcript page 22] [27: Transcript page 22]

The witness said that the police officers search the body of Norman however they did not find any illegal item like marijuana from the accused[footnoteRef:28]. [28: Transcript page 23]