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!" $" %&" '()(** +,-. //0 /**)

123%3456 7 42$86395 :" ;<5;=< 5> 6?< ;?3=3;;3%<@

lalnLlffs: Cwyn CulnlcoL y CuraLlvo

uefendanL: eople of Lhe hlllpplnes

CASL: eLlLloner ls accused of havlng sold and possessed shabu, and was
caughL Lhrough a buy-busL operaLlon on SepLember 21, 2000. C1
Marchan was Lhe poseur-buyer who was lnLroduced as uondon, by an
lnformanL who called Lhe peLlLloner. 1he buy-busL operaLlon was
conducLed aL around noon ln Chln Loong 8esLauranL where peLlLloner
was arresLed rlghL afLer selllng shabu Lo C1 Marchan.

eLlLloner on Lhe oLher hand clalms LhaL he was framed by narvlc. Pe
clalms LhaL on Lhe sald day, he was aL Chln Loong 8esLauranL Lo order
lunch, buL lefL Lo plck up hls son whom he dropped off aL Lhe house of
hls parenLs-ln-law. 1hereafLer, he reLurned Lo Lhe resLauranL and was
arresLed whlle eaLlng slopao and Coke. AL Lhe pollce sLaLlon, narvlc Lold
hlm Lo [usL seLLle by paylng 30k, buL peLlLloner refused. Pls parenLs
laLer arrlved and aL around 3:00pm ALLy. Lrames arrlved for peLlLloner.
An lnquesL proceedlng was made aL around 6:00pm.

1he Supreme CourL ruled Lhe credlblllLy of Lhe prosecuLlon's wlLnesses
havlng been accepLed by Lhe lower courLs are accorded respecL absenL
any glarlng errors. Also, Lhe CourL upheld Lhe buy-busL operaLlon saylng
LhaL Lhe absence of prlor survelllance, LesL-buy and shorLness of Lhe
perlod of plannlng do noL affecL lLs legallLy as Lhere ls noL flxed formula
for such operaLlons. 1he CourL also decllned Lo uphold peLlLloner's
argumenLs LhaL lL was lmposslble for hlm Lo sell shabu Lo someone he
has never meL llke C1 Marchan, and LhaL no one would sell shabu so
publlcly aL noonLlme. 1he CourL ruled LhaL Lhese are lnslgnlflcanL for
Lhose who wanL Lo make money. 1he CourL also noLed LhaL Lhe
peLlLloner falled Lo prove LhaL he had been lnsLlgaLed Lo sell shabu. 1he
presenLaLlon of Lhe lnformanL ln Lhls case was noL necessary because
Lhe poseur-buyer had LesLlfled and Lhere were no maLerlal
lnconslsLencles LhaL made lL necessary for Lhe lnformanL Lo be
presenLed. 1he CourL re[ecLed peLlLloner's conLenLlon LhaL Lhe lnquesL
proceedlng was lnvalld noLlng LhaL a prellmlnary lnvesLlgaLlon had been
granLed Lo Lhe peLlLloner aL hls requesL, and hls counsel had acLlvely
parLlclpaLed Lhereln.

A84B!$52%CD
! SepLember 21, 2000 ! 1wo crlmlnal cases were rlled ln Lhe 81C
of negros CccldenLal. 1hese were Lhen Lrled [olnLly.
o Crlmlnal Case: no. 14833 ! Case for Lhe possesslon of
Lwo (2) LransparenL plasLlc sacheLs conLalnlng
MeLhampheLamlne Pydrochlorlde also known as shabu
welghlng more or less 3.1 grams
o Crlmlnal Case: no. 14836 ! Case for selllng and
dellverlng Lo a poseur buyer (1) small LransparenL
plasLlc sacheL conLalnlng suspecLed MeLhampheLamlne
hydrochlorlde also known as shabu welghlng more or
less 0.2 grams.
9.EFG&- &H IJ. ;E&F.K,IG&-
SepLember 21, 2000, aL around 11:20pm ! A confldenLlal
lnformanL/agenL called Lhe peLlLloner by phone. C1 uomlngo
Marchan Lalked Lo peLlLloner and lnformed Lhe laLLer LhaL he
was buylng 300.00 worLh of shabu. C1 Marchan was casually
lnLroduced Lo Lhe peLlLloner as uondon.
o A Leam was formed by ollce Senlor lnspecLor (Sl)
Crlsaleo 1olenLlno Lo conducL a buy-busL operaLlon.
o C1 Marchan was deslgnaLed as Lhe poseur-buyer,
whlle Lhe oLher members who served as back-ups were
C3 Manuel Sanchez, ollce lnspecLor 8olando !"#"
and C2 Allen !une Cermodo.
o Sl 1olenLlno gave C1 Marchan Lhree one- hundred
peso bllls whlch he marked wlLh hls lnlLlals.
AL around 12:20pm ! 1he Leam wenL Lo Chln Loong 8esLauranL
!"#$#%&' )"*!+,-"+ ,#.+/0/ 12345 6 23478 &009: 0"&%;-#' /&'<&,*"


"&!=+''+ &%%+ .-0#+""+>
o C2 Cermodo was poslLloned ln fronL of Lhe resLauranL,
flve Lo 10m away from C1 Marchan and peLlLloner.
o C1 Marchan saw peLlLloner and a woman slLLlng on a
sLool ln Lhe bar. C1 Marchan approached peLlLloner
and asked hlm lf he had shabu worLh 300.00.
eLlLloner answered ln Lhe afflrmaLlve. C1 Marchan
gave Lhe 300.00 marked money, and ln reLurn,
peLlLloner gave hlm a plasLlc sacheL conLalnlng a whlLe
crysLalllne subsLance.
o C1 Marchan execuLed Lhe slgnal - Louchlng hls haL -
C2 Cermodo rushed Lowards peLlLloner and C1
Marchan and ldenLlfled Lhemselves as pollce offlcers.
eLlLloner was lnformed he vlolaLed Lhe law on selllng
shabu.
o C2 Cermodo bodlly searched peLlLloner and recovered
Lwo plasLlc sacheLs from Lhe brown belL purse of Lhe
laLLer. Pe also recovered Lhe marked money, a
dlsposable llghLer, and a LooLer. 1he peLlLloner was
broughL Lo Lhe pollce sLaLlon. C1 Marchan lssued a
recelpL for Lhe lLems recovered from Lhe hlm.
1he plasLlc sacheLs were senL Lo negros CrlenLal rovlnclal
Crlme LaboraLory for forenslc laboraLory examlnaLlon where
ollce lnspecLor (/lnsp.) !osephlne S. Llena conducLed an
examlnaLlon and conflrmed LhaL Lhe subsLances were shabu.
C1 Marchan dlsclosed LhaL on SepLember 19 aL around 3:00
p.m., he flrsL saw peLlLloner aL Muslc 8ox and offered Lo buy
from Lhe laLLer shabu wlLhouL speclfylng Lhe amounL and
quanLlLy. eLlLloner dld noL glve hlm shabu, so C1 Marchan lefL
Lhe place, as he was only lnsLrucLed Lo famlllarlze hlmself wlLh
peLlLloner's physlcal feaLures and volce. Pe added he could noL
reveal Lhe ldenLlLy of Lhe lnformanL ln courL, because lL would
endanger Lhe llfe of Lhe laLLer.
9.EFG&- &H IJ. C.H.-F.
SepLember 21, 2000 aL around 10:00am ! eLlLloner wenL Lo
Chln Loong 8esLauranL Lo order panslL and buLLered chlcken
LhaL he would Lake ouL for lunch.
o Whlle walLlng for hls order, he saw a cerLaln narvlc
lelder and one Crlyn Laklng Lhelr snacks. Crlyn
approached peLlLloner and offered Lo pawn a dlver's
waLch Lo hlm whlch Lhe laLLer decllned, saylng he had
no money.
o When peLlLloner was lnformed by Lhe walLer LhaL hls
order would sLlll Lake some Llme Lo prepare, he rode hls
moLorcycle and wenL Lo SL. aul Lo feLch hls son. Pe
broughL hls son Lo Lhe house of hls parenLs-ln-law aL
urok kalublhan, uaro, uumagueLe ClLy.
AL 11:43am ! eLlLloner wenL back Lo Lhe 8esLauranL. Pe
ordered slopao and Coke and asked for Lhe chlL. Pe saL aL Lhe
ouLdoor bar and saw !oel aLola Laklng hls snack.
o When Lhe walLer served Lhe slopao, Crlyn, LogeLher
wlLh Lwo oLher men, approached hlm. Crlyn asked hlm
lf he knew someone who was selllng shabu, and he
replled LhaL he dld noL know anyone, and LhaL he had
no Llme because he was ln a hurry.
o 1he men, who Lurned ouL Lo be pollce offlcers ln clvlllan
aLLlre, forced hlm Lo go wlLh Lhem. no warranL of arresL
or search warranL was presenLed. Pe was forced Lo rlde
a pedlcab and was boughL Lo Lhe pollce sLaLlon.
AL Lhe pollce sLaLlon ! eLlLloner was broughL Lo Lhe Cfflce of
Lhe CenLral lnLelllgence and ueLecLlon Croup, and was made Lo
slL on a chalr wlLh narvlc, C1 Marchan and C2 Cermodo
surroundlng hlm. Whlle Lhe Lwo pollce offlcers were ln Lhe
offlce of Sl 1olenLlno, narvlc Lold hlm Lo seLLle Lhe maLLer for
30,000.00.
AL 1:30pm ! eLlLloner's parenLs arrlved afLer peLlLloner called
Lhem. Pe lnformed hls faLher of whaL happened Lo hlm and
whaL narvlc Lold hlm regardlng Lhe seLLlemenL. Pls faLher goL
mad, because he knew narvlc as Lhe one who framed hlm ln a
!"#$#%&' )"*!+,-"+ ,#.+/0/ 12345 6 23478 &009: 0"&%;-#' /&'<&,*"


"&!=+''+ &%%+ .-0#+""+>
prlor case. Pls faLher was approached by narvlc, who Lalked
abouL Lhe seLLlemenL. Pls faLher goL angry and lefL. When hls
parenLs were gone, narvlc asked hlm lf Lhey would seLLle before
3:00 p.m., oLherwlse, a case would be flled agalnsL hlm.
o eLlLloner clalmed LhaL Crlyn was Lhe besL frlend of hls
slsLer.
o eLlLloner alleged LhaL narvlc once gave hlm money Lo
buy shabu from a cerLaln Ampll, and for LhaL he was
arresLed on 19 March 1999 aL Callndagan for selllng
shabu. Pe sald he was acqulLLed for lack of evldence.
AL 3:00 p.m. ! eLlLloner's parenLs came back wlLh ALLy.
8ommel Lrames, who Lold Lhem Lo leL Lhe pollce flle Lhe case.
AL 6:00 p.m. ! An lnquesL proceedlng was conducLed before
Lhe Cfflce of Lhe ClLy rosecuLor. eLlLloner denled possesslon
of Lhe shabu and ownershlp of Lhe walleL. Pe llkewlse denled
selllng shabu Lo narvlc or Lo Crlyn.
+&.L ;MI&LM ! narraLed LhaL aL noon of 21 SepLember 2000, he
was aL Lhe Chln Loong 8esLauranL eaLlng snacks aL Lhe ouLdoor
bar. Pe saw peLlLloner arrlve and slL one and a half meLers away
from hlm. Pe saw a woman approach peLlLloner, and Lhe Lwo
conversed. 1wo men saL beslde Lhe woman. AfLer Lhree Lo flve
mlnuLes of conversaLlon, peLlLloner was arresLed. aLola sald he
wondered why peLlLloner was arresLed when he was [usL slLLlng
and eaLlng. Pe dld noL see peLlLloner glve anyLhlng Lo Lhe lady.
o Pe even saw hls former classmaLe, Sl 1olenLlno, who
[olned Lhe Lwo pollcemen ln halllng a pedlcab.
eLlLloner was forced Lo rlde ln Lhe pedlcab wlLh Lhe
Lwo pollcemen.
o Pe clalmed he LesLlfled volunLarlly and no one
requesLed hlm Lo do so. aLola clalmed LhaL when he
was on hls way Lo hls offlce, he saw peLlLloner ln courL
and Lold hlm he would LesLlfy.
+,NO.P.-I
AugusL 6, 2003 ! 1rlal CourL found peLlLloner gullLy. ln
convlcLlng peLlLloner, Lhe Lrlal courL gave more credence Lo Lhe
LesLlmonles of Lhe prosecuLlon wlLnesses and upheld Lhe buy-
busL operaLlon conducLed agalnsL peLlLloner. 1he defense of
frame-up lnvoked by peLlLloner was noL belleved by Lhe Lrlal
courL.
CcLober 26, 2006 ! CourL of Appeals afflrmed ln LoLo.

3@@2<@ 65 A< $<@5=9<CD
1. WheLher or noL Lhe LesLlmonles of C1 Marchan and C2
Cermodo are credlble and LrusLworLhy.
2. WheLher or noL Lhe presumpLlon of regularlLy ln Lhe
performance of offlclal duLles sLands.
3. WheLher or noL Lhe presenLaLlon of an lnformanL ls a requlslLe
for Lhe prosecuLlon of drug cases.
4. WheLher or noL Lhe lnformaLlon charged agalnsL Lhe peLlLloner
ls vold because he was noL asslsLed by a counsel durlng Lhe
lnquesL proceedlng.

$<@5=2635%@ 8%C 8$!2Q<%6@
3@@2< ' ! WheLher or noL Lhe LesLlmonles of C1 Marchan and C2
Cermodo are credlble and LrusLhworLhy. ! ?LS.
lL ls a fundamenLal rule LhaL Lhe Lrlal courL's flndlngs LhaL are
facLual ln naLure and LhaL lnvolve credlblllLy are accorded
respecL when no glarlng errors, Lhe Lrlal courL's flndlngs LhaL are
facLual ln naLure and LhaL lnvolve credlblllLy are accorded
respecL when no glarlng errors, gross mlsapprehenslon of facLs,
or speculaLlve, arblLrary and unsupporLed concluslons can be
gaLhered from such flndlngs. 1he reason for Lhls ls LhaL Lhe Lrlal
courL was ln a beLLer poslLlon Lo declde Lhe credlblllLy of
wlLnesses, havlng heard Lhelr LesLlmonles and observed Lhelr
deporLmenL and manner of LesLlfylng durlng Lhe Lrlal. 1he rule
flnds an even more sLrlngenL appllcaLlon where sald flndlngs are
susLalned by Lhe CourL of Appeals.

3@@2< / ! WheLher or noL Lhe presumpLlon of regularlLy ln Lhe
performance of offlclal duLles sLands. ! ?LS. 1here was no evldence
!"#$#%&' )"*!+,-"+ ,#.+/0/ 12345 6 23478 &009: 0"&%;-#' /&'<&,*"


"&!=+''+ &%%+ .-0#+""+>
showlng LhaL Lhe Lwo pollce offlcers were lmpelled by lmproper moLlve.
eLlLloner even admlLLed LhaL, prlor Lo 21 SepLember 2000, he nelLher
knew nor had any quarrel or mlsundersLandlng wlLh any or boLh of Lhe
afore-named pollcemen.

QMR&E ;&G-I 'D SeLLled ls Lhe rule LhaL Lhe absence of a prlor survelllance
or LesL buy and Lhe hurrled plannlng of Lhe operaLlon does noL affecL
Lhe legallLy of Lhe buy-busL operaLlon.
1here ls no LexLbook meLhod of conducLlng buy-busL
operaLlons. 1he CourL has lefL Lo Lhe dlscreLlon of pollce
auLhorlLles Lhe selecLlon of effecLlve means Lo apprehend drug
dealers.
A prlor survelllance, much less a lengLhy one, ls noL necessary,
especlally where Lhe pollce operaLlves are accompanled by Lhelr
lnformanL durlng Lhe enLrapmenL. llexlblllLy ls a LralL of good
pollce work.
o ln Lhe lnsLanL case, havlng been accompanled by Lhe
lnformanL Lo Lhe person who was peddllng Lhe
dangerous drugs, Lhe pollcemen need noL have
conducLed any prlor survelllance before Lhey underLook
Lhe buy- busL operaLlon.
A buy-busL operaLlon can be carrled ouL afLer a long perlod of
plannlng or, as ln Lhe case on hand, abrupLly or forLhwlLh,
wlLhouL much preparaLlon. 1he conducL Lhereof depends on Lhe
opporLunlLy LhaL may arlse under Lhe clrcumsLances. 1hus, Lhe
perlod of plannlng for such operaLlon cannoL be dlcLaLed Lo Lhe
pollce auLhorlLles who are Lo underLake such operaLlon.
o 1he accused clalms LhaL Lhere was no buy-busL
operaLlon because Lhe same was hurrledly planned, and
Lhe brleflng of Lhe back-up (C2 Cermodo) was done
for only Lwo Lo Lhree mlnuLes.
o ln Lhe case aL bar, Lhe buy-busL operaLlon was planned
ln less Lhan an hour prlor Lo Lhe buy-busL operaLlon,
afLer Lhe lnformanL conLacLed peLlLloner and Lold hlm
LhaL Lhere was a buyer. under Lhe slLuaLlon, Lhe brleflng
of a Leam member for only a few mlnuLes cannoL be
Laken agalnsL Lhe buy-busL Leam, for Lhe Leam had Lo
cope wlLh whaL lL had aL LhaL lnsLanL.

QMR&E ;&G-I /D 1hls CourL flnds LhaL lL was noL lmprobable for peLlLloner
Lo sell shabu Lo a LoLal sLranger llke C1 Marchan.
eLlLloner conLends LhaL lL was unllkely for hlm Lo sell shabu Lo
a LoLal sLranger.
WhaL maLLers ln drug relaLed cases ls noL Lhe exlsLlng famlllarlLy
beLween Lhe seller and Lhe buyer, buL Lhelr agreemenL and Lhe
acLs consLlLuLlng Lhe sale and dellvery of Lhe dangerous drug.
8esldes, drug pushers, especlally small quanLlLy or reLall
pushers, sell Lhelr prohlblLed wares Lo anyone who can pay for
Lhe same, be Lhey sLrangers or noL

QMR&E ;&G-I SD lL ls also noL surprlslng LhaL Lhe buy-busL operaLlon was
conducLed aL noonLlme.
As we have ruled, drug-pushlng when done on a small scale, as
ln Lhls case, belongs Lo LhaL class of crlmes LhaL may be
commlLLed aL any Llme and aL any place. AfLer Lhe offer Lo buy ls
accepLed and Lhe exchange ls made, Lhe lllegal LransacLlon ls
compleLed ln a few mlnuLes. 1he facL LhaL Lhe parLles are ln a
publlc place and ln Lhe presence of oLher people may noL always
dlscourage Lhem from pursulng Lhelr lllegal Lrade, as Lhese
facLors may even serve Lo camouflage Lhe same.

QMR&E ;&G-I TD WheLher or noL Lhe recelpL of properLy selzed lssued by
C1 Marchan was valldly made. ! ?LS. lL enumeraLed Lhe lLems - Lhree
plasLlc sacheLs conLalnlng whlLe crysLalllne subsLance, and oLher
paraphernalla - recovered from peLlLloner's body afLer he was arresLed
for selllng shabu Lo Lhe poseur-buyer.
1he lack of wlLnesses slgnlng Lhe same, peLlLloner clalms, ls
evldence of a frame-up.
1he Lwo wlLnesses were noL requlred Lo slgn Lhe recelpL. 1hls
Lwo-wlLness rule applles only Lo searches - made under
!"#$#%&' )"*!+,-"+ ,#.+/0/ 12345 6 23478 &009: 0"&%;-#' /&'<&,*"


"&!=+''+ &%%+ .-0#+""+>
auLhorlLy of a search warranL - of a house, room, or any oLher
premlses ln Lhe absence of Lhe lawful occupanL Lhereof or any
member of hls famlly.
o ln Lhe case aL bar, Lhere was no search warranL lssued
and no house, room or premlses searched.

QMR&E ;&G-I UD WheLher or noL peLlLloner was lnsLlgaLed Lo sell shabu.
! nC. 1he pollce offlcers are presumed Lo have performed Lhelr duLles
ln accord wlLh law. Whlle such presumpLlon ls noL concluslve, peLlLloner
was, however, burdened Lo dlspuLe Lhe same by clear and convlnclng
evldence. ln Lhls case, Lhe evldence of Lhe peLlLloner was uLLerly
lnsufflclenL and unconvlnclng.
1he esLabllshed rule ls LhaL when an accused ls charged wlLh Lhe
sale of llllclL drugs, he cannoL seL up Lhe followlng defenses, vlz:
1. 1haL faclllLles for Lhe commlsslon of Lhe crlme were
lnLenLlonally placed ln hls way, or
2. 1haL Lhe crlmlnal acL was done aL Lhe sollclLaLlon of Lhe
decoy or poseur-buyer seeklng Lo expose hls crlmlnal acL,
or
3. 1haL pollce auLhorlLles felgnlng compllclLy ln Lhe acL were
presenL and apparenLly asslsLed ln lLs commlsslon. 1he sale
of conLraband ls a klnd of offense hablLually commlLLed,
and Lhe sollclLaLlon slmply furnlshes evldence of Lhe
crlmlnal's course of conducL.
ln Lhe case aL bar, afLer Lhe lnformanL called peLlLloner
lnformlng Lhe laLLer LhaL Lhere was a buyer of shabu, a plan of
enLrapmenL was made by Lhe pollcemen. 1he buy-busL
operaLlon was organlzed speclflcally Lo LesL Lhe veraclLy of Lhe
lnformanL's Llp and Lo arresL Lhe malefacLor lf Lhe reporL proved
Lo be Lrue. 1he prosecuLlon evldence poslLlvely showed LhaL Lhe
peLlLloner agreed Lo sell 300.00 worLh of shabu Lo Lhe poseur-
buyer and was caughL ln flagranLe dellcLo.

3@@2< S ! WheLher or noL Lhe presenLaLlon of an lnformanL ls a
requlslLe for Lhe prosecuLlon of drug cases. ! nC. ollce auLhorlLles
rarely, lf ever, remove Lhe cloak of confldenLlallLy wlLh whlch Lhey
surround Lhelr poseur-buyers and lnformers, slnce Lhelr usefulness wlll
be over Lhe momenL Lhey are presenLed ln courL. Moreover, drug
dealers do noL look klndly upon squealers and lnformanLs. lL ls
undersLandable why, as much as permlLLed, Lhelr ldenLlLles are kepL
secreL.

QMR&E ;&G-I 'D 1he presenLaLlon of an lnformanL ls noL a requlslLe for
Lhe prosecuLlon of drug cases.
lL ls well-seLLled LhaL excepL when Lhe peLlLloner vehemenLly
denles selllng prohlblLed drugs and Lhere are maLerlal
lnconslsLencles ln Lhe LesLlmonles of Lhe arresLlng offlcers, or
Lhere are reasons Lo belleve LhaL Lhe arresLlng offlcers had
moLlves Lo LesLlfy falsely agalnsL Lhe peLlLloner, or LhaL only Lhe
lnformanL was Lhe poseur-buyer who acLually wlLnessed Lhe
enLlre LransacLlon, Lhe LesLlmony of Lhe lnformanL may be
dlspensed wlLh as lL wlll merely be corroboraLlve of Lhe
apprehendlng offlcers' eyewlLness LesLlmonles. 1here ls no need
Lo presenL Lhe lnformanL ln courL where Lhe sale was acLually
wlLnessed and adequaLely proved by prosecuLlon wlLnesses.
ln Lhe case before us, lL ls noL lndlspensable for Lhe confldenLlal
lnformanL Lo Lake Lhe wlLness sLand, conslderlng LhaL Lhe
poseur-buyer LesLlfled regardlng Lhe lllegal sale made by
peLlLloner. Whlle peLlLloner denles selllng shabu, Lhere are no
maLerlal lnconslsLencles ln Lhe LesLlmonles of Lhe arresLlng
offlcers. eLlLloner falled Lo show LhaL Lhe Lwo pollce offlcers
had moLlves Lo LesLlfy falsely agalnsL hlm.
lurLhermore, all Lhe requlslLes for Lhe crlme of whlch peLlLloner
ls accused of has been proven. (See lssue 3)

3@@2< T ! WheLher or noL Lhe lnformaLlon charged agalnsL Lhe
peLlLloner ls vold because he was noL asslsLed by a counsel durlng Lhe
lnquesL proceedlng. ! nC. lrom Lhe records, lL ls clear LhaL Lhe prayer
of peLlLloner for a regular prellmlnary lnvesLlgaLlon was sLlll granLed by
Lhe Lrlal courL. ln Lhe prellmlnary lnvesLlgaLlon conducLed, peLlLloner
!"#$#%&' )"*!+,-"+ ,#.+/0/ 12345 6 23478 &009: 0"&%;-#' /&'<&,*"


"&!=+''+ &%%+ .-0#+""+>
was duly asslsLed by counsel. unforLunaLely for peLlLloner, Lhe
prosecuLor dld noL flnd any reason Lo alLer or amend Lhe lnformaLlons
flled.

3@@2< U ! WheLher or noL Lhe crlme was sufflclenLly proved. ! ?LS.

8" 3LL.OML @ML.
1he elemenLs necessary for Lhe prosecuLlon of lllegal sale of drugs are:
(1) Lhe ldenLlLles of Lhe buyer and Lhe seller, Lhe ob[ecL, and
conslderaLlon, and (2) Lhe dellvery of Lhe Lhlng sold and Lhe paymenL
Lherefor.
WhaL ls maLerlal Lo Lhe prosecuLlon for lllegal sale of dangerous
drugs ls Lhe proof LhaL Lhe LransacLlon Look place, coupled wlLh
Lhe presenLaLlon ln courL of evldence of corpus dellcLl.
1he evldence for Lhe prosecuLlon showed Lhe presence of all
Lhese elemenLs. 1he poseur-buyer and hls back-up descrlbed
how Lhe buy-busL happened, and Lhe shabu sold was presenLed
and ldenLlfled ln courL. 1he poseur-buyer, C1 uomlngo
Marchan, ldenLlfled peLlLloner as Lhe seller of Lhe shabu. Pls
LesLlmony was corroboraLed by C2 Allen !une Cermodo. 1he
whlLe crysLalllne subsLance welghlng 0.119 gram, whlch was
boughL from peLlLloner for 300.00, was found Lo conLaln shabu
per ChemlsLry 8eporL no. u-146-2000.

A" ;&FF.FFG&-
ln lllegal possesslon of dangerous drugs, Lhe elemenLs are: (1) Lhe
accused ls ln possesslon of an lLem or ob[ecL LhaL ls ldenLlfled Lo be a
prohlblLed drug, (2) such possesslon ls noL auLhorlzed by law, and (3)
Lhe accused freely and consclously possesses Lhe sald drug. All Lhese
elemenLs have been esLabllshed.
C2 Allen !une Cermodo recounLed how he recovered Lhe Lwo
plasLlc sacheLs conLalnlng a whlLe crysLalllne subsLance, and
oLher drug paraphernalla from peLlLloner afLer conducLlng a
body search on Lhe laLLer afLer hls arresL for selllng a sacheL
conLalnlng a whlLe crysLalllne subsLance Lo Lhe poseur-buyer.
1he subsLance ln Lhe plasLlc sacheLs was shabu as conflrmed by
ChemlsLry 8eporL no. u-146-2000. 8ecause peLlLloner had been
caughL ln flagranLe dellcLo, Lhe arresLlng offlcers were duLy-
bound Lo apprehend Lhe culprlL lmmedlaLely and Lo search hlm
for anyLhlng LhaL may be used as proof of Lhe commlsslon of Lhe
crlme. 1he search, belng an lncldenL of a lawful arresL, needed
no warranL for lLs valldlLy.

>3%8= 9<$C346D eLlLloner ls found gullLy of

%5 @<;8$86< 5;3%35%@