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CALSADO, LOURDES ANTONETTE V.

151662

PEOPLE OF THE PHILIPPINES, appellee vs. ALDRIN BERDADERO y ARMAMENTO,


appellant
G.R. no. 179710, June 29, 2010
Del Castillo, J.
FACTS:
Aldrin Berdadero was sentenced to life imprisonment and a fine of 500,000.00 pesos after he was
caught in a buy-bust operation by PO3 Balmes and PO2 Villas after an informant told them that
Berdadero was wilfully and unlawfully selling shabu in Arrieta Subdivision, in Batangas City.
During the buy-bust operation, Berdadero handed two sachets of shabu to the informant and when
the sale was consummated, the policemen came and arrested Berdadero for violating Section 5,
Article II of R.A. 9165. During the trial, the facts presented by the prosecution and the defendant
differed. According to the defendant, he was arrested without explanation but the court still ruled
in favor of the prosecution. Berdadero appealed the decision of the RTC in the CA but CA affirmed
the lower court’s decision, hence this appeal where Berdadero alleges that the trial court failed to
establish guilt beyond reasonable doubt.
ISSUE/S:
Whether or not the evidence against Berdadero was obtained in violation of Section 86 of RA
9165? NO
RULING:
WHEREFORE, the appeal is DENIED. The Decision of the Court of Appeals in CA-G.R. CR-
HC No. 01774 sustaining in all respects the Decision of the Regional Trial Court of Batangas City,
Branch 4, convicting appellant Aldrin Berdadero y Armamento for violation of Section 5, Article
II of Republic Act No. 9165, and sentencing him to suffer the penalty of life imprisonment and a
fine of P500,000.00 is AFFIRMED.
RATIO DECIDENDI:
The buy-bust operation was valid because the law enforcers had authority despite PDEA not
deputizing them to conduct it. Section 86 of R.A. 9165 merely states that PDEA is the lead agency
in the investigation and prosecution of drug-related cases. Other law enforcement bodies still
possess authority to perform similar function as long as the cases are transferred to PDEA after.
The provision does not punish law enforcers who fail to seek PDEA’s authority before conducting
a buy-bust operation nor does it render an arrest illegal or evidence inadmissible by lack of
participation on the part of PDEA. The police officers had the authority to carry out a buy-bust
operation and all evidence they collected from the scene of the crime is enough to prove
Berdadero’s guilt beyond reasonable doubt.

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