Facts:

Prosecution View
PO3 Duran with P01 Cunanan and Laxa were at Concha Street, San Andres Bukid,
Manila1. At 1:45am April 13, 2009, they saw NORMAN BUENAFE DIMAIN, accused,
with two other companions holding cigarette pipe 2. They were five meters away
from the accused when they smelled the pungent smell of marijuana 3. The officers
immediately arrested the suspect while the other two run away from them 4. PO3
was able to recover an improvised pipe from the accused 5.
On the police report, Norman was subjected to search and the police officers
recovered improvised piped with some marijuana6. They marked it NDB. The police
officers brought the accused to the Ospital ng Maynila for Medical/Physical
Examination7. Then they brought the accused and pieces of evidences in the police
station for investigation and disposition8. The evidence was brought to SOCO, MPD
for examination to determine if the specimen submitted is positive for dangerous
drug9. The results yielded positive for dangerous drug. 10
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 11. Then he turned over the said pipe

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when the investigation started12. He also identified the said pipe as the same pipe
found on the scene13.

Defense View
The accused was drinking alone at 2173 Concha Street on April 13, 2009 14. When he
was about to buy two cigarettes, he saw two men running and bumped him 15. After
he was thrown down by the bump, he was arrested by police officers 16.
The police officers told him that the accused made their life hard because he was
running from them17. However, he asked them what he did wrong 18. Then they

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brought him to the police station 19. He was arrested for illegal drugs 20. He said that
the drugs came from police officer Duran and they just implanted it to him 21.
It was revealed on trial that there was an encounter with the arresting officer before
the incident22. He bumped their vehicle23.
At April 13, 2009, Ryan Bilbao was at computer shop located along Concha Street 24.
He saw Norman eating junk foods and smoking and drinking at that time 25. He saw
the police officers going to Normans place and arrested him 26. He also saw the
companions of Norman running away from the police officers 27.
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 28.

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