CRIMINAL LAW 2

PEOPLE vs ANGELES

218 SCRA 352 FEBRUARY 02, 1993

FACTS:

The 11th NARCOM is DAVAO CITY received an information that there was a peddling marijuana
den at the house of a certain “Jun Juawago”. They prepared for a buy-bust operation where Sgt. Guillen
was designated to act as the poseur- buyer

And was given P20 to be used as payment. When they reached the house, Guillen already positioned
himself as a would be buyer. When the accused came out, Guillen asked “Pare meron ba tayo dyan?”
the accused reached a cellophane pack of marijuana and handed it to Guillen, in turn the former
received the 20 pesos from the latter. Then, Guillen signaled the team who immediately responded.
Accused was able to run by then after was caught by the NARCOM operatives. They proceeded to frisk
the accused and found him additional 3 packs of Marijuana.

The Accused/ defense was that the team arbitrarily entered his house, collared him and pointed
a gun on him and then searched his house. He contended that he was framed up.

Issues:

WON the accused is guilty of sale or pushing of dangerous drugs

WON the accused is guilty of possession of dangerous drugs.

RULING:

Yes. The accused is guilty of possession of dangerous drug.

What is material in prosecutions for illegal sale of marijuana is the submission of proof that the
sale of the illicit drug transpired between the poseur-buyer and the seller thereof, and the presentation
further of the marijuana as evidence in court.

Yes. He is guilty of illegal possession of dangerous drug and convicted of the same.

As a general rule, possession is absorbed in the crime of sale or trade of marijuana. Exception
thereto is where, aside from his sale and delivery of Marijuana to the buyer pursuant to the sales
transaction, the seller is further apprehended in possession of another quality of the prohibited drugs
not covered by or include in the sale and which are probably intended for some future dealings or use
by the seller. Accordingly, in the cases at bar, appellant was properly charged with, and correctly
convicted of the separate crimes of illegal sale and illegal possession marijuana.