CROSS EXAM QUESTIONS FOR POLICE OFFICERS WHO ARE OPERATIVES IN ANANTI-ILLEGAL DRUGS BUY-BUST OPERATION Witness: __________________________ Task: _____________________________ Date/Time/Place of the Alleged Operation: _____________________________________ PRIOR TO BUY-BUST Ask #1 & 2, If the Police Officer is not a member of Anti-illegal Drugs Special Task Group: 1. Is it not your procedure Police Officer that only personnel assigned with the Anti-Illegal Drugs Unit are the only authorized personnel allowed to conduct Anti-Illegal Drugs Operation? (YES as per PNP Manual) 2. You are not assigned to the Anti-Illegal Drugs Unit, Police Officer, am I correct? (YES/NO) -----------------3. You testified that on __________ at around _____, your CI reported to you at your office regarding an illegal drug pushing activity, is it not? (YES) 4. And this involved a certain __________, correct? (Yes) 5. You also testified that upon receipt of this info from your CI, you looked into your Illegal Drugs Order of Battle list and found out that the name _____ listed there, correct? May I know how a name may be listed in that Illegal Drugs Order of Battle list that you are referring to? 6. Do you have proof that indeed this incident transpired? 7. You did not submit as part of your evidence that Illegal Drugs Order of Battle list you are referring to where the name of ____________ is listed correct? 8. You did not prepare any incident or spot report about what transpired between you and your CI, correct? 9. Isn’t that when someone comes to your office and reports something particularly the occurrence of a crime, such is recorded in the police blotter, correct? 10. There was no compliance with this correct? 11. And such was not submitted to this Honorable Court as evidence to prove your contention, correct? 12. Your are a police officer, correct? 13. And as police officers, you were trained to follow procedures and orders, correct? 14. But in this simple procedure, you failed to do so, correct? 15. Is it not correct Police Officer that you are required to conduct proper and adequate planning and preparation before conducting a buy-bust operation? (YES) 16. This is to ensure the successful prosecution of cases and the observance of the rights of the accused, am I correct? 17. The truth is that you did not conduct one in this case, am I correct Police Officer? (YES) 18. Because if you really did then this should have been part of the evidence to be presented to justify your claim, correct? 19. And that you should not have complied even with your internal procedure, correct? 20. You testified that you conducted briefing – initial and final? (YES) 21. And in that briefing those involved in the operation were assigned tasks, am I correct? (YES) 22. You were assigned as POSEUR-BUYER/IMMEDIATE BACK-UP only, correct? 23. __________ was assigned as POSEUR-BUYER/IMMEDIATE BACK-UP, correct? 24. And the rest as perimeter security, correct? Who else were assigned task if there be any? 25. But you did not have a Team Leader, who will man the operation, correct? 26. No one was assigned an Arresting Officer, correct? 27. No one was assigned as Investigator, correct? 28. No one was assigned as Seizing/Inventory Officer, correct? 29. No one was assigned as Recorder, correct? 30. No one was assigned as Photographer, correct? 31. Again this is part of your standard operating procedure, correct? 32. And again, there was no compliance with such? 33. As Police Officers then, you are trained to go away with established rules of procedure, correct? (NO) Page 1 of 4 Is it not that a POSUER-BUYER is an undercover Police Officer who acts as a buyer of illegal drugs for purposes of effecting the arrest of the offender.34.) a. am I correct? (NO) If answer is NO: What is your evidence that you coordinated? You do not have a coordination report. The marked money? (YES) b. I believe these were all discussed in your briefing right Police Officer? (YES) g. you did not? (YES but surely the Police Officer will say NO) 4. am I correct Police Officer? (Surely. But in this case you disregarded this. You are police officer and you were trained to follow instructions to the letter. is it not that you performed the task of _____________ which is not your responsibility. Is it not that the IMMEIDATE BACKUP/ARRESTING OFFICER is a Police Officer tasked to apprehend the suspect/s.. am I correct Police Officer? (YES) i. correct? 36. correct Police Officer? (YES) a.) 5. am I correct? (YES) f. Despite such. In this case.. You do not have any certification to that effect from the TelCo Provider that said call indeed really happened or made on said date and time as you have alleged. you do not know where other members of your team were positioned? 3. if there’s none: Is it not that you are required to coordinate your AID operation with PDEA? (YES) And you did not do so. am I correct Police Officer? (Surely. You all proceeded to the area of transaction at the same time. This was clearly laid down by your team leader to ensure the successful operation.. Check if there is a coordination with PDEA. In this case. am I correct Police Officer? (Surely. Did you know where the other members of your team positioned themselves? (Most often I don’t know) b.. correct? b. correct? (YES) h.) c. correct Police Officer? 7. correct? 35.. Which you prepared and marked? (YES) c. You mentioned earlier that you were the _______________. There is no evidence on record that would say you that the sale transaction was consummated. am I correct? (YES) e. am I correct Police Officer? (Surely. There is no evidence on record that would say you did. am I correct? ACTUAL BUY-BUST 1. Is it not the seizing officer is designated to confiscate and inventory all evidences taken from the arrested person and not to make the arrest. Upon arrival thereat. Was it not part of your planning/briefing session? (It is. PO will say it did happen. safety of operating elements. Which you did not subject to finger print analysis to determine whether it really did pass to the seller. Which you have allegedly handed to the seller? (YES) d. Isn’t that this procedure were established to protect your rights more so the accused from abuse of authority by law enforcers. members of you team prepositioned themselves. PO will say I did.. PO will say there is. You are the [POSUER-BUYER / IMMEDIATE BACK-UP/ARRESTING OFFICER] correct? a. am I correct? (YES) d. correct? c. PO will say there is. how many vehicles used? 2. am I correct? (YES) Page 2 of 4 . you went beyond your scope. am I correct? (YES) a. the security and integrity of seized items/evidence while observing the rights of suspects..) 8. You did not perform the pre-arranged signal as you have discussed in your briefing. The sale transaction as you claimed it to be did not happen. If NO: ask who went first..) If the pre-arranged signal is a missed call: 6. 20. And that such should be done in the presence of the required witnesses . And such did not happen in this case. am I correct? (YES) 15.e. isn’t that you are tasked to prepare a list of inventory receipt of confiscation/ seizure. Is it not the duty of the Seizing Officer to mark and photograph the seized/recovered evidence in accordance with Sec 21 of RA 9165? (YES/NO) c.. am I correct? (YES) h. correct Police Officer? AFTER BUY-BUST 10. there is possibility of movement or alteration of the evidence seized. am I right? (NO) a.. Is it not that is part of your procedure that the officer receiving the buy-bust money shall issue a receipt for the said purpose. Ask the following if the photographer is the Poseur-Buyer or the Immediate Back-up: b. You received it. am I correct Police Officer? (YES) 18. After the alleged sale transaction was consummated. There were no photographs taken immediately after the discovery/seizure of confiscated items. As Seizing/ Inventory Officer. You did not follow your procedure/protocol regarding this one. correct? Were you the one who prepared the inventory Police Officer? Page 3 of 4 . you went beyond your scope/assigned task. am I correct? (YES) 21. It is not your duty to do so as you were assigned as Seizing/Inventory Officer.. That during that time of waiting. Is it not that the inventory and photographing of the pieces of evidence seized must be done immediately after the discovery/seizure of confiscated items.. Who acted as photographer? PO may refer to another person. You did not have a photographer. And again. correct Police Officer? (YES) a. am I correct? (Yes) j. you declared the arrest correct Police Officer? (YES) 11.) 14. And you have withdrawn the buy bust money from the said fund. am I correct? (YES) i. am I correct Police Officer? (NO) 27. am I correct Police Officer? (YES but surely the PO will contradict it and will say NO. There was no receipt issued for that purpose.an elected official and a representative from either the DOJ or media. correct? 9. You earlier mentioned that the (Elected Barangay Official/DOJ or Media Rep) arrived ___ minutes later after you declared arrest and have seized the evidence. am I correct? (YES but the PO will say NO) 12. That at that point in time. am I correct Police Officer? 25. correct? g. am I correct Police Officer? 24. Who were again your witnesses? Determine when did the witnesses arrived and who called for then and when were they called.) 19. But such did not happen in this case correct? (PO will surely say NO. That when the witnesses arrived. the accused was closely guarded and was restrained from movement by members of your team.. Were you the photographer of your team then? (NO) 28. correct? 23. But earlier you made mention that you were only tasked as Poseur-buyer and seizing officer. am I right Police Officer? 17.. he/she is out-numbered by your team who are fully armed. Is it not that your office has a fund from which buy-bust money will be drawn for such purpose? f. am I correct Police Officer? (YES) 16. am I correct? (YES) 22. That during the time of waiting. So you are now saying that the inventory and photographing is not immediate because you still have to wait for ___ minutes for the witnesses to arrive. Again such did not happen in this case. am I correct? 26. Is it not that it is the duty of the arresting officer to search the body of the suspect for any deadly weapon and for the recovery of the buy-bust money? (YES) 13. all they were made to do is to sign the inventory receipt/certification of inventory. So there is no evidence to bolster your claim that indeed the sale transaction was consummated. And again there was no compliance with this procedure. And that this turn-over of evidence must have corresponding receipts to show continuance of chain of custody. And again this did not happen in this case. Is it not that the Seizing Officer is also tasked to properly accomplish the Chain of Custody Form and turn it over including the evidence to the Investigator-On-Case. Verify turn-over of evidence from officer to another. Page 4 of 4 . correct? 30. And that this should also be prepared at the place of inventory/seizure of the confiscated items correct to establish the start of the preservation of the chain of custody of the seized items correct? 34. correct? 32. And again there was no compliance with this procedure. correct? 33. the arresting/seizing officer shall turn-over the arrested persons and the seized evidence to the investigator who shall issue an acknowledgment receipt thereof.29. There was no acknowledgment receipt on record correct Police Officer? (YES) 38. And again this did not happen in this case correct? 35. There was no referral in this case made by the investigator correct Police Officer? (YES) 42. Is it not that it is part of your SOP that after the inventory and taking of photographs. shall prepare the referral of the case to the Prosecutor’s Office for inquest proceedings for Violation of RA 9165? (YES) 39. correct Police Officer? (Surely the PO will say NO) 41. am I correct? 36. Isn’t that the investigator. Break the chain of custody. correct Police Officer? (Surely the PO will say NO) 37. Attaching the following correct? (a) Copy of the Spot Report (b) Copy of the Inventory of Property Seized duly verified under oath (c) Copy of the Request for and Result of Laboratory Examination/ Chemical Analysis of seized items (d) Copy of the Request for and Result of Physical/Medical Examination and Laboratory Screening Test of the suspects (e) Copy of the Request for and Result of Ultra Violet Examination on the buy-bust money used and the suspect (f) Affidavit of Arrest executed by the Arresting Officer (g) Affidavit of Poseur Buyer (h) Affidavit of the Investigator on Case (i) Accomplished Chain of Custody Form (j) Copy of the initial laboratory screening test result (k) Copy of the Receipt of Turn-Over of Evidence (l) Copy of the Receipt of Turn-Over of arrested suspect/s (m) Duly accomplished Booking Sheet and Arrest Report (n) Photographs of the suspect/s and evidence 40. Is it not that according to your procedure. correct Police Officer? 31. all pieces of drug evidence shall be turned over by the Seizing Officer to the Investigator-On-Case who shall submit the same to either the PDEA Laboratory Service or PNP Crime Laboratory for examination. after the buy-bust.