404 Phil. 443
DE LEON, JR., J.:
At about 7 p.m. on May 16, 1996, members of the PARAC led by P/Sr. Insp. Lucio Margallo, IV effected the arrest of SPO1 VERGEL DE DIOS, ROBERTO ANOBLING and RESTITUTO ARELLANO during an entrapment operation. This trio then called on their cohorts to bring in additional batch of shabu. After four (4) hours, or at about 11 p.m. of May 16, 1996, PIO REDENTOR TECH and JOSEPH JUNIO arrived to deliver 150 grams of shabu. Tech and Junio were likewise arrested at 11 p.m. while they were delivering the shabu to de Dios and company. When interrogated Tech and Junio disclosed that a big transaction of shabu was about to be made at an apartment along Maria Orosa St., Malate, Manila. They also admitted that they worked for Lawrence Wang. Accordingly, the PARAC immediately proceeded to said place and conducted surveillance or stake-out operations. After three (3) hours, or about 2:10 a.m. of the following day, May 17, 1996, the PARAC agents saw a man, previously described by TECH as Wang and identified by a police asset, coming out of the aforesaid apartment and walking towards a parked BMW car. After Wang had opened the trunk compartment of the car, the PARAC agents approached Wang and confronted him to ascertain his identity. P/Sr. Insp. Margallo also prevented Wang from closing the trunk. They then saw the bags of shabu inside the trunk. A further search yielded cash amount of P650,000.00 in small denominations, one (1) mechanical scale and one (1) electronic scale and two (2) unlicensed firearms, namely: (1) AMT automatic pistol, cal. 380/9mm and (2) Daewoo automatic pistol, cal. 9mm. Accordingly, the accused was arrested. In all, three (3) arrests were effected, one after the other, during the late hours of May 16 and the wee hours of May 17, 1996, a time span of only seven (7) hours.Three (3) related informations[7] were then filed against Wang, which were consolidated in Branch 18 of the Regional Trial Court (RTC, for brevity) of Manila, presided by the respondent judge. The charges were docketed as Criminal Case No. 96-149990 (for violation of section 16, Article III of Republic Act No. 6425, otherwise known as the Dangerous Drugs Act, as amended), Criminal Case No. 96-149991(for violation of Presidential Decree No. 1866 [Illegal Possession of Firearms]), and Criminal Case No. 96-149992 (for violation of COMELEC Resolution 2828 in relation to Republic Act No. 7166 [COMELEC Gun Ban]).
The threshold issue raised by accused in his Demurrer to Evidence is whether his warrantless arrest and search were lawful as argued by the prosecution, or unlawful as asserted by the defense.
Under Section 5, Rule 113 of the New Rules of Court, a peace officer may arrest a person without a warrant: (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 in fact just been committed, and he has personal knowledge of facts indicating 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 temporarily confined while being transferred from one confinement to another. None of these circumstances were present when the accused was arrested. The accused was merely walking from the Maria Orosa apartment and was about to enter the parked BMW car when the police officers arrested and frisked him and searched his car. The accused was not committing any visible offense at the time of his arrest. Neither was there an indication that he was about to commit a crime or that he had just committed an offense. The unlicensed AMT Cal. 380 9mm Automatic Back-up Pistol [sic] that the accused had in his possession was concealed inside the right front pocket of his pants. And the handgun was bantam and slim in size that it would not give an outward indication of a concealed gun if placed inside the pants' side pocket as was done by the accused. The arresting officers had no information and knowledge that the accused was carrying an unlicensed handgun, nor did they see him in possession thereof immediately prior to his arrest.
Ditto on the 32 bags of shabu and the other unlicensed Daewoo Cal. 9mm Pistol with magazine that were found and seized from the car. The contraband items in the car were not in plain view. The 32 bags of shabu were in the trunk compartment, and the Daewoo handgun was underneath the driver's seat of the car. The police officers had no information, or knowledge that the banned articles were inside the car, or that the accused had placed them there. The police officers searched the car on mere suspicion that there was shabu therein.
The conduct of respondent, given the peculiar facts prevailing in this case, leaves much to be desired vis-à-vis these legal yardsticks. The abruptness and inordinate haste in which he dismissed the charges against the accused gave rise to the suspicion that he railroaded the proceedings to favor the accused.
The records show that two members of the team which arrested Lawrence Wang, namely P/Insp. Cielito Coronel and SPO3 Reynaldo Cristobal were the only witnesses who testified on the facts regarding the warrantless arrest and seizure. The principal witness and leader of the team, P/Sr. Insp. Lucio Margallo IV, who more than anybody else has the personal knowledge of the circumstances surrounding the arrest of Wang was never presented as a witness. It must be pointed out in this regard that Margallo, as leader of the arresting team could have clarified the circumstances surrounding the arrest of Wang and the seizure of the drugs, firearms and cash found in the car especially the highly contentious issue of whether or not the trunk of the car which contained the "shabu" was already open with said prohibited drug in plain view when he and his team members approached. The record, however, discloses that after the prosecutor handling the cases conferred with respondent, thereafter, Margallo's testimony was dispensed with on the dubious ground that it would merely be corroborative. xxx
The record also reveals that Margallo received only one subpoena to appear in Crim. Case No. 96-149990 (Violation of Dangerous Drugs Act) on December 6, 1996 xxx. Unfortunately, he was not able to attend because he was on leave at the time xxx and only learned about the hearing after December 6, 1996 xxx. Curiously, no other summons were served on him to testify despite his instructions to SPO3 Cristobal to manifest in Court that he be subpoenaed to testify xxx. As in Crim. Case No. 96-149990, he also received only one (1) subpoena in the other cases but the reason therefor was for the Evidence Custodian namely, SPO3 Cristobal who was under him, to bring the confiscated items in court xxx. The only other time he received a subpoena was when he was required to attend the scheduled hearing on March 20, 1997 and he was not aware that said notice requiring his presence on said date was already for the promulgation of the order granting the demurrer to evidence xxx.
The Resolution granting the demurrer to evidence dismissing all three (3) cases against Wang is likewise anchored on infirm legal moorings.
Section 15, Rule 119 of the Revised Rules of Criminal Procedure provides that:"Sec. 15. Demurrer to evidence. - After the prosecution has rested its case, the court may dismiss the case on the ground of insufficiency of evidence: (1) on its own initiate (sic) after giving the prosecution an opportunity to be heard; or (2) on motion of the accused with prior leave of court.The rule is not applicable if the prosecution has not yet rested its case xxx.
If the court denies the motion for dismissal, the accused may adduce evidence in his defense. When the accused files such motion without the express leave of court, he waives the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution."
In this case, despite the statement in the resolution in question as well as respondent's claims to the contrary, there is ample evidence on record that the prosecution had not yet rested its case in Criminal Cases Nos. 96-149991 and 96-149992 xxx. Particularly revealing on this point is the "Manifestation With Motion to Set Above-Entitled Cases for Further Hearing and For Issuance of Subpoena to Prosecution Witnesses" xxx which avers that:"THE PEOPLE THRU THE UNDERSIGNED TRIAL PROSECUTOR, to this Honorable Court most respectfully manifests that he rested his case only in so far (sic) as the case of R.A. 6425 is concerned, and not as regards the charge for violation of P.D. L866 (sic) (Crim. Case No. 96-149991) and the case of COMELEC Resolution No. 2828 (Crim. Case No. 96-149992);
WHEREFORE, the prosecution respectfully moves this Honorable Court:
- To set Crim. Case Nos. 96-149991-92, for violation of P.D. 1866 and COMELEC Resolution 2828, respectively for further hearing to enable the prosecution to present its evidence;
xxx xxx xxx
A circumspect scrutiny of the demurrer to evidence itself xxx will show that the same can only pertain to Criminal Case No. 96-149990 for violation of the Dangerous Drugs Act considering that it was filed on January 9, 1997 and the prosecution had not yet rested in Criminal Cases Nos. 96-149991 and 96-149992. In fact, in an Order dated January 14, 1997 xxx, respondent set hearings for the two (2) cases on January 21, February 5, 11 and 12, 1997. It is interesting to note in this regard that no demurrer to evidence was filed after the prosecution had rested its case in Criminal Cases Nos. 96-149991 and 96-149992. Neither was the prior demurrer filed on January 9, 1997 subsequently amended to include these two cases. Despite all these facts, respondent judge still proceeded to dismiss all three (3) charges against the accused.xxx xxx xxx
Furthermore, the factual events surrounding the turnover of the confiscated articles which oddly enough, with the exception of the firearms, were not marked in evidence xxx only increases the dubiousness of the proceedings. As has been stated earlier, complainants were unaware, upon being served with notice to appear on March 20, 1996 that a Resolution dismissing all three (3) cases on the basis of the undated demurrer to evidence would be promulgated xxx. Indeed, the document served by the process server made no mention of the fact that the cases were already submitted for resolution and that the same would be promulgated on said date xxx. In fact, SPO3 Cristobal who was Evidence Custodian of the PARAC-DILG was not served a subpoena commanding his presence on March 20, 1997. xxx Instead, he received a telephone call on March 19, 1997 from a person who identified herself as the Branch Clerk of respondent judge's sala instructing him to bring the confiscated money to court the next day xxx. Thus, upon appearing the next day, he was surprised to learn that there would be a promulgation. xxx
During the proceedings held March 20, 1997, SPO3 Cristobal was handed a Special Power of Attorney xxx dated February 12, 1997 executed by the accused authorizing his counsel to receive the confiscated money in his behalf xxx. As a precaution, Cristobal made a handwritten receipt on the said document which he required said counsel to sign xxx. The date of the execution of the Special Power of Attorney which was more than a month prior to the promulgation of the resolution only fueled Cristobal's suspicion that the proceedings were already rigged in Wang's favor xxx.xxx xxx xxx
The factual finding of respondent judge that the "shabu" was not in plain view when the accused was arrested becomes open to question in the light of the evidence on record that the compartment of the car containing the "shabu" was actually already open and the accused attempted to close the same but was prevented from doing so by the arresting officers xxx much more so taking into consideration the fact that P/Sr. Insp. Margallo, the principal witness for the prosecution who could have shed light on the circumstances of the arrest and seizure, was not given the change (sic) to testify. Considering that the accused is a highly controversial character on account of his notoriety as a big-time drug lord not to mention the widespread media attention attracted by the case, respondent judge should have proceeded with more caution and circumspection in the handling thereof.
As everyone knows, the law provides ample judicial remedies against errors or irregularities being committed by a Trial Court in the exercise of its jurisdiction. The ordinary remedies against errors or irregularities which may be regarded as normal in nature (i.e., error in appreciation or admission of evidence, or in construction or application of procedural or substantive law or legal principle) include a motion for reconsideration (or after rendition of a judgment or final order, a motion for new trial), and appeal. The extraordinary remedies against error or irregularities which may be deemed extraordinary in character (i.e., whimsical, capricious, despotic exercise of power or neglect of duty, etc.) are inter alia the special civil actions of certiorari, prohibition or mandamus, or a motion for inhibition, a petition for change of venue, as the case may be.The administrative case at bar involves an acquittal on an accused by the respondent judge in three (3) closely related criminal cases which were earlier consolidated in the court presided by respondent judge. As a rule, acquittal is immediately final and executory. Consequently, in view of the pendency in this Court (First Division) of the petition for review on certiorari (G.R. No. 128587), supra, we may not, ordinarily, review here the said judgment of acquittal in those three (3) criminal cases, the inquiry in this administrative case being limited to the issue of whether the respondent judge is liable for the charges brought against him.[15] However, to resolve those charges in the administrative case, it is indispensable that we consider the respondent Judge's subject Resolution dated March 13, 1997 granting accused Wang's Demurrer to Evidence and acquitting the latter in the closely related Criminal Cases Nos. 96-149990, 96-149991 and 96-149992.
Now, the established doctrine and policy is that disciplinary proceedings and criminal actions against Judges are not complementary or suppletory of, nor a substitute for, these judicial remedies, whether ordinary or extraordinary. Resort to and exhaustion of these judicial remedies, as well as the entry of judgment in the corresponding action or proceeding, are pre-requisites for the taking of other measures against the persons of the judges concerned, whether of civil, administrative, or criminal nature. It is only after the available judicial remedies have been exhausted and the appellate tribunals have spoken with finality, that the door to an inquiry into his criminal, civil or administrative liability may be said to have opened, or closed.
xxxx Indeed, since judges must be free to judge, without pressure or influence from external forces or factors, they should not be subject to intimidation, the fear of civil, criminal or administrative sanctions for acts they may do and disposition they may make in the performance of their duties and functions; and it is sound rule, which must be recognized independently of statute, that judges are not generally liable for acts done within the scope of their jurisdiction and in good faith; and that exceptionally, prosecution of a judge can be had only if "there be a final declaration by a competent court in some appropriate proceeding of the manifestly unjust character of the challenged judgment or order, and also evidence of malice or bad faith, ignorance of inexcusable negligence, on the part of the judge in rendering said judgment or order" or under the stringent circumstances set out in Article 32 of the Civil Code. xxxx[14]
Corrupt practices of public officers.--In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:xxx xxx xxx
(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official, administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.
Norms of Conduct of Public Officials and Employees. (A) Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties:xxx xxx xxx
(b) Professionalism.--Public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with utmost devotion and dedication to duty. They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue advantage.
(c) Justness and sincerity.--Public officials and employees shall remain true to the people at all times. They must act with justness and sincerity and shall not discriminate against anyone, especially the poor and the underprivileged. They shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest. They shall not dispense or extend undue favors on account of their office to their relatives whether by consanguinity or affinity except with respect to appointments of such relatives to positions considered strictly confidential or as members of their personal staff whose terms are coterminous with theirs.
Demurrer to evidence.--After the prosecution has rested its case, the court may dismiss the case on the ground of insufficiency of evidence (1) on its own initiative after giving the prosecution an opportunity to be heard; or (2) on motion of the accused filed with prior leave of court.During the hearing held on December 6, 1996, Assistant City Prosecutor Winnie M. Edad stated that he was resting the People's case.[20] It was at this time that the defense asked for, and was given, leave of court to file a Demurrer to Evidence. Perhaps belatedly realizing that it had rested prematurely, the prosecution filed a "Manifestation with Motion to Set Above-Entitled Cases for Further Hearing and For the Issuance of Subpoenas to Prosecution Witnesses"[21] on December 19, 1996. Respondent judge, in an Order dated January 14, 1997[22] granted that motion and set the two (2) remaining cases (Criminal Case Nos. 96-149991 and 96-149992) for further hearings. This fact belies the petitioners' claim that they were denied their day in court. Significantly, during the hearing held on February 11, 1997, the prosecution rested in all the three (3) cases for the second time,[23] including Criminal Case Nos. 96-149991 and 96-149992. The prosecution was even able to file an opposition to the Demurrer to Evidence. The record shows that the proceedings were astened when the defense filed a Manifestation on February 10, 1997 that it was admitting the existence of the firearms and the lack of license therefor. Hence, there was not even a need to amend the Demurrer to Evidence inasmuch as the Demurrer to Evidence, as worded, clearly prayed for the dismissal of all the three (3) cases, namely, Criminal Case Nos. 96-149990, 96-149991 and 96-149992.
If the court denies the motion for dismissal, the accused may adduce evidence in his defense. When the accused files such motion to dismiss without express leave of court, he waives the right to present evidence and submits the case for judgment on the basis of the evidence of the prosecution. (Underscoring supplied)
The first assignment of error has its basis in the claim of counsel that the trial judge went to unjustifiable lengths in examining some of the witnesses called for the defense. It is very clear, however, from a review of the whole proceedings that the only object of the trial judge in propounding these questions was to endeavor as far as possible to get at the truth as to the facts which the witnesses were testifying. The right of a trial judge to question the witnesses with a view to satisfying his mind upon any material point which presents itself during the trial of a case over which he presides is too well established to need discussion. The trial judges in this jurisdiction are judges of both the law and the facts, and they would be negligent in the performance of their duties if they permitted a miscarriage of justice as a result of a failure to propound a proper question to a witness which might develop some material fact upon which the judgment in the case should turn. So in a case where a trial judge sees that the degree of credit which he is to give the testimony of a given witness may have an important bearing upon the outcome, there can be no question that in the exercise of a sound discretion he may put such questions to the witness as will enable him to formulate a sound opinion as to the ability or the willingness of the witness to tell the truth. The questions asked by the trial judge in the case at bar were in our opinion entirely proper, their only purpose being to clarify certain obscure phases of the case; and while we are inclined to agree with counsel that some of the observations of the trial judge in the course of his examination might well have been omitted, there is no reason whatever to believe that the substantial rights of the defendants were in anywise prejudiced thereby.The transcript of the clarificatory hearing held on February 26, 1997 is reproduced below to show that the tenor of respondent judge's clarificatory questions, though numerous did not really create the impression that respondent judge was biased or that he has practically taken the cudgels for the defense.
The above-quoted questions propounded by respondent judge were necessary for the purpose of determining and clarifying the basis for resolving the all important issue of the legality or illegality of the warrantless arrest of Wang and the warrantless search of the latter's car. Herein respondent judge's aforequoted questions contrast favorably against instances in other cases wherein it was clearly shown that the judges therein displayed bias against a party litigant. Thus, there is a case where the questions asked of a witness by the judge therein were adversarial, malicious and hostile in character.[31] There is another case where the sheer volume of questions asked by the judge therein tended to be leading, misleading, if not baseless and hypothetical.[32] It has also been held that clarificatory questions asked by the trial court must not amount to confrontation, probing and insinuation, which are characteristics of a cross-examination.[33]
xxx xxx xxxTHE COURT TO THE WITNESS: Q: You, SPO3 Cristobal, were a member of the police operatives that effected the arrest of the accused in this case?A: Yes, sir. Q: From your testimony and that of Police Inspector Cielito Coronel, this Court has gathered that prior to the arrest of the accused there were three 3) men that your team arrested. One of whom is a police officer?A: Yes, sir. Q: SPO2 Vergel De Dios, Rogelio Anoble and a certain Arellano? A: Yes, sir. Q: When were they arrested? A; May 16 on or about 7:00 (interrupted) Q: P.M.? A: P.M., your Honor. Q: And on the occasion of the arrest of these three men shabu were confiscated from them? A: Yes, sir. Q: And in the course of the investigation of these three men you were able to discover that Redentor Tech and Joseph Junio were the source of the regulated drug that were confiscated from the three men that you have arrested?A: Yes, sir. Q: Now, thru entrapment [based] in your testimony you were able to apprehend also these two men, Redentor Tech and Joseph Junio?A: Yes, sir. Q: And that was on the evening of what date? A: May 16. The same (interrupted) Q: The same date? The same evening? A: Same evening. About 11:00 p.m. Q: These two men, Redentor and Joseph they were also investigated by your team? A: Yes, sir. Q: You were present when they were investigated? A: I was the one who investigated them. Q: This Redentor, he claimed that he was the talent manager of Glenmore Modelling Agency? A: Yes, sir. Q: And you also stated that the agency was own (sic) by the accused in this case? A: Yes, sir.
Q: How about the other man, Joseph? Did he also say that he was an employee of the accused? A: He told me that he is a gym instructor. Q: So he was not working for the accused? A: He is also working for the accused. Q: As a gym instructor? A: Yes. Q: You mean to say that the gym is also own (sic) by the accused? A: He teaches aerobic. Q: In what establishment? A: In Glenmore. Q: In Glenmore? A: Yes. sir. Q: These two, Redentor and Joseph at the time of the arrest they were in the xxx A: Yes, sir. Q: In fact they were in xxx to you the three men which were previously arrested?
A: Yes, sir. Q: Did you ask Redentor and Joseph the source of shabu that you confiscated from them at the time of the arrest? A: Yes, sir. They refuse (sic) to say the source, however, they told me that they were working for the accused. Q: You also testified that Redentor informed you that there was another delivery of shabu scheduled that morning of (stop) was it May 16 or May 17? The other delivery that is scheduled on?A: On the 17th. Q: So it was on the following morning? A: Yes, sir. Q: Did he tell you where the delivery of the shabu was to be made? A: No, sir. Q: Did he tell you who was to make the delivery?
A: No, sir.
Q: You said that your team decided to see the accused to ask him to shed light regarding the drug trafficking activities of Redentor and Joseph?A: Yes, Your Honor. That is our initial purpose. Q: To ask him to shed light? A: Yes, sir. Q: At that time when you decided to look for the accused to ask him to shed light on the matter concerning the arrest of these two employees in possession of shabu. Did you and did your team suspect the accused as being involved in the transaction that led to the arrest of Redentor and Joseph?A: Yes, sir. We suspected that he was the source of the shabu. Q: So you were suspecting the accused as being involved? A: Yes, sir. Q: In the drug transaction? A: Yes, sir. Q: You also testified that you and your team proceeded to Maria Orosa apartment somewhere in Ermita? A: Yes, sir. Q: And that apartment was pinpointed to you by Redentor as the place where the accused could be found? A: Yes, sir. Q: And when you arrived at the apartment you did not enter the apartment? A: We conducted a stake out. Q: You waited outside? A: Yes, sir. Q: Why? You were expecting the accused to come out from the apartment? A: Because of the parked BMW which was described by Redentor as the one used by the accused. Q: So there was a BMW car parked in front (sic) of the apartment? A: Yes, sir. Q: And that was described as the car being used by the accused? A: Yes, sir. Q: Was (sic) Redentor and Joseph with your team when you proceeded to the apartment? A: Initially they were with us but the rest of the members of the team brought them to our office. Q: So when the accused came out from the apartment, Redentor and Joseph were no longer with your team? A: No, sir.
Q: Now, you stated or testified that when the accused came out from the apartment, he was identified by your team. Who identified the accused?A: We have in our company an asset who knows the accused. Q: When the accused was identified to your team as the employer mentioned by Redentor you immediately held him surrounded?A: Not immediately. We watched what they were about to do. Q: And what was the accused doing when you saw him coming out from the apartment? A: They were two. One is supposed to be the driver. Q: So he has a male companion? A: Yes, sir. Q: The accused? A: Yes, sir.
Q: They were walking together when they came out from the apartment? A: The driver, sir, is already beside the car. Q: I see. So the driver was waiting inside the car? A: Not inside. Outside. Q: Outside of the car? A: Yes, sir. Q: But near the car? A: Yes, sir. Q: You narrated to this court when you saw the accused coming out from the apartment walking where was the bound? To what direction was he walking? Towards the car?A: Towards the car. Q: Alright. From the apartment where he came out to the place where the car was parked, what was the distance? How many meters?A: A distance of more or less 15 to 20 meters. Q: What did you observe while the accused was walking from the apartment to his car which has a distance of about 15 to 20 meters? What did you observe in the nature of the accused while he was walking towards his car?A: The accused stopped beside the car. He talked with the driver, supposed to be the driver and they talked for a while.Q: So he walked on the left side of the car. Where (stop) in what portion of the car did he approached the driver? A: Left side, sir. Q: Left side? A: Yes, Your Honor. Q: And you saw him talked with the driver? A: Yes, sir.
Q: Then what happened? A: After they talked, we saw them open the compartment of the car. Q: At this time your team were observing at the distance? A: Yes, sir. Q: What was the distance? A: More or less 15 to 20 meters. We were in a concealed place. Q: And you were concealed. You could not be seen by the accused? A: Yes, sir. Q: What happened when you saw the accused and his driver open the trunk of the car? A: It was Capt. Margallo and Police Inspector Colonel approached them and upon seeing them I also went out of my hiding place and the accused was accosted.Q: So that was the time when you and your team accosted the accused when the trunk of his car was open? A: Yes, sir. Q: And after you accosted the accused, what did you do? A: It was Capt. Margallo and I who prevented them from closing the compartment. Q: The trunk? A: Yes, sir. Q: What transpired when you approached the accused at that point? When you and your (stop) what is the rank of this Coronel?A: Capt. Margallo. Sr. Inspector Lucio Margallo. Q: No. No. Yes. He was the one that approached the accused? A: And Lt. Coronel. Q: And Police Inspector Coronel? A: Yes, sir. Q: But you were also nearby? A: Yes, sir. Q: Who talked with the accused? A: It was Capt. Margallo. Q: What did he tell to the accused? A: I was not able to get what they are talking because I immediately told them that there were shabu at the compartment.Q: Who made that statement? A: I was the one who told them that there were shabu in the compartment. Q: You told the accused? A: No. I told Capt. Margallo that there were shabu inside the compartment of the car. Q: Now, in your declaration and from that of the Coronel the accused was frisked? A: Yes, sir. Q: And from the pocket of the pants of the accused was taken a back-up pistol? A: No, sir. I believe it was a Daewoo caliber pistol. Q: Daewoo? The one that was taken from the possession of the accused? A: The AMT back up pistol was handed to me by Capt. Margallo. Q: Yes. From whom it was taken? A: It was taken from the accused. Q: Correct. So when the accused was frisked what gun was taken from him and it was discovered inside the pocket of his pants?A: Yes, sir. Q: Which one occurred first? The bodily search of the accused or the search of the trunk or (sic) the car? A: I could say it was simultaneously being conducted (sic). Q: At the same time? A: Yes, Your Honor because they were here while I was at the back. Q: So while you and your othermembers (sic) of the team were searching the trunk of the car, Police Inspector Coronel and another officer, Capt. Margallo were subjecting the accused to bodily searched?A: Yes, sir. Q: And you immediately discovered the shabu inside the trunk? A: Yes, sir. Q: And there was another gun that was taken from the car and that is underneath the driver's seat? A: Yes, sir. Q: When you saw the accused walking towards his car, did you know whether he was carrying a gun? A: No, sir. It cannot be seen. Q: It was concealed? A: Yes, sir. Q: So the only time that you and your team learned that he was in possession of the gun is when he was bodily searched? A: Yes, sir. That is the only time that I came to know about when Capt. Margallo handed to me the gun. Q: Other than walking towards the car, the accused was not doing anything else? A: None, sir. Q: That would invite your suspicion or give indication that he was intending to do something unlawful or illegal? A: No, sir. Q: When you searched the car, did the accused protest or try to prevent your team from searching his car? A: No, sir.[30] xxx xxx xxx