TESTIMONY OF PROSECUTION WITNESS, JAIL OFFICER 1 ALBERT CARLOS

Jail Officer 1 Albert Carlos, a bonafide member of Bureau of Jail Management and Penology
currently assigned at Batangas City Jail of Batangas Province, testified that during the course of
his duties as searcher at the Mandaluyong City Jail-Male Dormitory, he happened to catch the
accused, Bainey Santos, bringing into the city jail the subject drugs and other matters related to
this case.

On April 20, 2017 at about 1:00 in the afternoon, Bainey Santos went inside the visiting premises
and upon Jail Officer 1 Carlos’ inspection of her belongings, he found sandals placed inside an
ecobag. There was an unusual bulge in the sandals so he became suspicious and inspected it further.
From there, he obtained two (2) objects. One (1) was a plastic sachet containing suspected shabu
and another one (1) was a strip of aluminum foil.

Jail Officer 1 Carlos brought the accused to their investigation unit and when asked for her identity,
they learned that the accused was visiting an inmate in the name of Jonas Lee who was arrested
and detained for drug-related crimes as well. A colleague of Jail Officer 1 Carlos took photographs
of the sandals and the items obtained from them. The witness stated that the sandals are now in the
possession of a certain PO1 Francisco. On the same date in the office of SDEU, Jail Officer 1
Carlos saw two (2) sets of photographs of the sandals and the items obtained from them. He also
placed markings on the plastic sachet and the aluminum foil to remind him that these are the same
sachets and foil he found during that time he discovered it. A document containing the object
evidence that he surrendered in the office of SDEU was signed by him in the presence of a public
officer, Kagawad Erwin Vargas.

After being inventoried at the SDEU, the items were brought to PO2 Barias of SOCO. Jail Officer
1 Carlos recalled having signed the inventory and chain of custody receipt as well as an arrest
statement.

TESTIMONY OF DEFENSE WITNESS/ACCUSED, BAINEY SANTOS

Bainey Santos, 33 years old, single, residing at Block 333 Mandaluyong, is accused of attempting
to deliver inside the BJMP of Mandaluyong City a 0.72 gram of shabu.

On April 20, 2017, around 11 o’clock in the morning, Santos left the house to go to the jail to visit her
live-in partner, Jonas Lee, because it was his birthday. Together with a certain Jovi Ann Lee, they were
bringing rice, viand, pancit, chocolate, bread, cake and softdrinks. Santos was bringing
(2) bags containing the food while Lee was bringing (2) bags containing the softdrinks. Both
Santos and Lee packed all four (4) bags before they left to go to the jail.

When both were already near the City Hall gate, they saw a man who then approached them. The man
was Henry, who is a friend of Jonas Lee. Henry gave them a pair of slippers but they said “hindi namin
tatanggapin yan”. He suddenly grabbed Santos’ hand and placed the slippers inside the ecobag she was
carrying. Santos was not able to examine the slippers because they were already
rushing. Santos and Lee went upstairs to fall in line and when they were already in the entrance of
the city jail, they and their belongings were searched by the jail officers. When the ecobag Santos
was carrying was inspected, the jail officer took out the slippers from it and then saw a big
Toblerone. She was then asked by the jail guard to transfer to another table and remove the foil
from the Toblerone as it should not be brought inside. The jail guard, after searching the slippers,
asked them what the contents of it were. Nothing was shown to them.

Shocked, Santos was not able to answer. After that they were asked to enter a room where they
were asked to remove their clothes for inspection and search. Nothing resulted from that search.
Afterwards, they were asked to enter the office and were asked how many times “they have done
it.” Santos replied, “kahit isa hindi ko ginawa yun.”

Santos have visited “Jonas” at least once a week prior to April 20, 2017. During those times that
she made prior visits to “Jonas”, she was searched by the jail guards. There was not any prior
incident during those visits when something illegal was found in her body or belongings.

ISSUES BASED ON FACTS

PROSECUTION:

• Bringing of alleged illegal drugs suspected to be shabu hidden in a pair of sandals and a
strip of aluminum foil that were discovered inside one of the bags brought by Bainey
Santos into the city jail resulting to the violation of Sec. 5 of RA 9165.

DEFENSE:

• If non showing to the accused of the alleged illegal drugs found in her belongings on
the moment that she was arrested is a violation of the due process clause of the
constitution.

• If Bainey Santos or the man called Henry is liable for the crime because based in Santos’
alibi, Henry was the one who put the sandals in the ecobag and that she had no knowledge
that the sandals was containing illegal drugs.

PRINCIPAL/MAIN ISSUE

Whether or not Bainey Santos deliberately and intently brought drugs and drug paraphernalia into
the city jail which results to the violation of Sec. 5 of Republic Act No. 9165.