REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
BRANCH 57
Angeles City


THE PEOPLE OF THE
PHILIPPINES,


-versus-

CRIM. CASE Nos. 08-1192 & 1193
ALDRINE LINGBAWAN y TUA,
CRISTY DAVID- LAYSON,
BRYAN GOMEZ y SEVILLA&
NOEL GOMEZ y SEVILLA
Accused.

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D E C I S I O N


The accused NOEL GOMEZ stands charged for Violation of Section 5, Article II of RA
9165 in information committed as follows:

CRIM. CASE No. 08-1193

That on or about the 11
th
day of March 2008, at Brgy. San Joaquin,
Municipality of Mabalacat, Province of Pampanga, Philippines and within the
jurisdiction of the honorable Court, the above mentioned accused, not having
been lawfully authorized, conspiring, confederating together and mutually helping
each other, did then and there willfully, unlawfully and feloniously sell and
deliver to a poseur buyer for and in consideration of the sum of Php 500.00,
Philippine Currency, one (1) pc. Of small size plastic sachet of Methyl
Amphetamine Hydrochloride weighing Nine Hundred Eighty Seven Ten
Thousands of a gram (0.0987 g.) a dangerous drug.

CONTRARY TO LAW.

Upon the hearing and arraignment on October 28, 2008 of the accused Noel Gomez y
Sevilla said accused appeared, together with Atty. Anselma Medina, appointed counsel de
officio, upon reading the information in Pampango, a dialect known and spoken by him, accused
Noel Gomez y Sevilla entered a plea Not Guilty for Viol. Of Sec. 5, Art. II of RA 9165, in Crim.
Case No. 08-1193

During the pre-trial conference, Public Prosecutor Jaime Mateo Umlas asked some
stipulations as to the testimony of PO2 Marlon Dingal to wit:

1. That PO2 Marlon Dingal is a member of the Philippine National Police assigned in
Mabalacat Municipal Police Station as an intel-operative;

2. That his duties and responsibilities are to conduct surveillance and buy-bust
operations and casing;

3. That at around 4:00 oclock in the afternoon of March 11, 2008 Police Officer 3
Agustin was instructed by Chief Insp. Jovencio Flores to re-group at Mabalacat
Police Station;

4. That as part of the aforementioned duties and responsibilities, he was assigned to act
as poseur buyer in a buy-bust operation to be conducted;

5. That he received the soon to be mark money and then marked it with MJD which is
his initials (Marlon de Jesus Dingal);

6. That he was informed about the target persons who are Aldrine Lingbawan and Noel
Gomez;

7. That they conducted a buy-bust operation at Brgy. San Joaquin, Daang Bakal,
Mabalacat, Pampanga;

8. That upon meeting Noel Gomez, PO2 Dingal was introduced as a kumpadre of the
civilian informant. Soon, Gomez asked how much PO2 Dingal gave the Php500
mark money but Gomez directed his assistant to receive it.Gomez gave a small plastic
sachet to PO2 Dingal. Shortly, ________ miscalled __________ to alert the backup.
During the operation 8 persons were taken but Noel Gomez was able to evade from
the buy-bust operation;

9. That upon reporting to their Chief of Police, Maj. Jovencio Flores, they were told to
coordinate with the Barangay Official.