PP VS MARCOS SABDLAB

GR NO. 186392
FACTS:
This is an appeal assailing the Decision of the Court of Appeals in CA-G.R. CR.-H.C. No.
02690 dated July 31, 2008, which affirmed the Decision of the Regional Trial Court (RTC) of
Makati convicting accused-appellant Marcos Sabadlab y Narciso of violation of Republic Act
No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. On
September 22, 2006, accused-appellant was charged with violation of Sections 5 and 11
of Republic Act No. 9165, as follows:
CRIMINAL CASE NO. 06-1837:
The undersigned Prosecutor accuses MARCOS SABADLAB y NARCISO @ "BONG
PANGO" of the crime of Violation of Section 5 of R.A. 9165, committed as follows:
That on or about the 21st day of September, 2006, in the City of Makati, Philippines
and within the jurisdiction of this Honorable Court, the above-named accused,
without being authorized by law, did then and there willfully, unlawfully and
feloniously sell, distribute and transport Methylamphetamine Hydrochloride, weighing
zero point zero two (0.02) gram, which is a dangerous drug, in consideration of five
hundred [sic] (Php300.00) pesos, in violation of the above-cited law. 3
CRIMINAL CASE NO. 06-1838:
The undersigned Prosecutor accuses MARCOS SABADLAB y NARCISO @ "BONG
PANGO" of the crime of Violation of Section 11 of R.A. 9165, committed as follows:
That on or about the 21st day of September, 2006, in the City of Makati, Philippines
and within the jurisdiction of this Honorable Court, the above-named accused, not
being lawfully authorized to possess or otherwise use any dangerous drug and
without the corresponding license or prescription, did then and there willfully,
unlawfully and feloniously have in his possession, direct custody and control
Methylamphetamine Hydrochloride (Shabu) weighing zero point zero two (0.02)
gram, which is a dangerous drug, in violation of the above-cited law.
ISSUE: W/N the accused-apellant violated Sections 5 and 11 of Republic Act No. 9165
HELD: Yes. It appeared that the guilt of accused MARCOS SABADLAB y NARCISO was
proven beyond reasonable doubt, as principal, with no mitigating or aggravating

circumstances, for violation [of] Section[s] 5 and 11, Article II of Republic Act 9165,
he is hereby sentenced: ISCT
1. In Criminal Case No. 06-1837, to suffer life imprisonment and to pay a fine of
P500,000.00;
2. In Criminal Case No. 06-1838, to suffer imprisonment for an indeterminate term of
twelve [12] years and one [1] day, as minimum, to fourteen [14] years, and eight [8]
months, as maximum, and to pay a fine of P300,000.00; and
3. To pay the costs.

PP VS ARNEL CLARITE
GR NO. 187157
FACTS: That on or about 11 July 2002, in the City of Naga, Philippines and within the
jurisdiction of this Honorable Court, the above-named accused, without authority of
law, did then and there, willfully, unlawfully and feloniously sell, dispense, deliver
and/or distribute four (4) plastic sachets containing white crystalline substance,
tested and found out to be Methamphetamine Hydrochloride or 'shabu', a regulated
drug weighing 45.8712 grams to NBI poseur-buyer, for and in consideration of
P50,000, a marked money bill, Philippine currency. Accused-appellant denied that the
buy-bust operation took place. Instead, he narrated that he was aboard a tricycle at
6:00 a.m. on July 11, 2002, on his way to the Civic Center, when Romano and Jimenez
apprehended him, forced him into their car and blindfolded him. While still
blindfolded, Romano and Jimenez brought him to a hotel. He was told to contact his
employer through a cellular phone and inform her of his arrest and that the arresting
officers needed money to pay for their hotel bills. The NBI operatives were extorting
money equivalent to the value of 50% of the 100 grams of shabu.
ISSUE: W/N accused-appellant violated Sec. 5 Article II of RA 9165
HELD: Yes. In view of the foregoing disquisition, judgment is hereby rendered finding
accused, ARNEL CLARITE y Salazar, guilty beyond reasonable doubt of the offense of

violation of Sec. 5, Article II of RA 9165, and hereby sentences him to suffer the
penalty of life imprisonment.
Considering that the accused has been undergoing preventive detention during the
pendency of the trial in this case, let the same be credited in the service of his
sentence.

PP VS ROSEMARIE MAGUNDAYAO
GR NO. 1887157
That on or about the 14th day of April, 2005, in the City of Taguig, Philippines, and
within the jurisdiction of this Honorable Court, the above-named accused, not being
authorized by law to sell any dangerous drug, did then and there willfully, unlawfully
and knowingly sell, deliver and give away to a poseur-buyer PO1 Rey B. Memoracion
0.08 gram of white crystalline substance contained in one (1) heat-sealed
transparent

sachet,

which

substance

was

found

positive

to

the

test

for

"Methylamphetamine hydrochloride", a dangerous drug, in violation of the abovecited law.

The accusatory portion of the second information pertaining to Criminal Case No. 14062-D
for violation of Section 11, Article II of the same law, states:
That on or about the 14th day of April, 2005, in the City of Taguig, Philippines, and
within the jurisdiction of this Honorable Court, the above-named accused, not being
authorized by law to possess or otherwise use any dangerous drug, did then and
there willfully, unlawfully and knowingly have in her possession, custody and control
0.10 gram of white crystalline substance contained in one (1) heat-sealed
transparent

sachet,

which

substance

was

found

positive

to

the

test

for

"Methylamphetamine hydrochloride" or commonly known as "shabu", a dangerous

drug, in violation of the above-cited law. 6

Upon her arraignment on May 23, 2005, the accused-appellant entered pleas of "not guilty"
to each of the charges.
ISSUE: W/N accused-appellant violated Sec. 5 Article II of RA 9165
HELD: YES. In view of the foregoing considerations, the Court finds accused ROSEMARIE
MAGUNDAYAO y Alejandro alias Rose in Criminal Case No. 14061-D for Violation of Section 5,
1st paragraph, Article II of Republic Act No. 9165, otherwise known as "The Comprehensive
Drugs

Act

of 2002", GUILTY beyond reasonable

doubt.

Hence,

accused

Rosemarie

Magundayao y Alejandro alias Rose is hereby sentenced to suffer LIFE IMPRISONMENT and
ordered to pay a fine of FIVE HUNDRED THOUSAND PESOS (PhP500,000.00).
Moreover, accused ROSEMARIE MAGUNDAYAO y Alejandro alias Rose is also
found GUILTY beyond reasonable doubt in Criminal Case No. 14062-D for Violation of
Section 11, 2nd paragraph, No. 3, Article II of Republic Act No. 9165, otherwise known
as

"The Comprehensive

Drugs

Act

of

2002".

And

since

the

quantity

of

methylamphetamine hydrochloride (shabu) found in the possession of the accused is

only 0.10 gram, accused Rosemarie Magundayao y Alejandro alias Rose is hereby
sentenced to suffer imprisonment ranging from TWELVE (12) YEARS and ONE (1) DAY
as minimum to FOURTEEN (14) YEARS and TWENTY[-]ONE (21) DAYS as
maximum. Accused Rosemarie Magundayao y Alejandro alias Rose is further
penalized to pay a fine in the amount of THREE HUNDRED THOUSAND PESOS
(PhP300,000.00).

PP VS JESUS FIGUEROA
GR NO. 186141
In the evening of June 20, 2004, an informant came to the office of P/Supt. Nelson T.
Yabut (P/SUPT. YABUT), Chief of the Special Operation Unit 1 of PNP Anti-Illegal Drugs
Special Operations Task Force (PNP AIDSOTF) at Camp Crame, Quezon City and
informed him of the drug pushing activities of a certain "Baby," later identified as
accused-appellant FIGUEROA. P/SUPT. YABUT instructed PS/Insp. Pepito Garcia
(PS/INSP. GARCIA), PO3 Josefino Callora (PO3 CALLORA) and PO2 Rogie Pinili (PO2
PINILI) to conduct discreet surveillance operation to verify the information.|||

On July 2, 2004, at about 12:00 noon, the informant called the Desk Officer of the
Special Operation Unit 1 of PNP AIDSOTF, who in turn relayed to P/SUPT. YABUT that
accused-appellant FIGUEROA had informed him that she already had a stock of good
quality shabu and asked how much shabu would be bought by PO3 CALLORA. P/SUPT
YABUT instructed the informant to tell accused-appellant FIGUEROA that P10,000.00
worth of shabu would be bought from her. Later on the same day, the informant
made another telephone call and relayed the information that accused-appellant
FIGUEROA had agreed to deliver the shabu worth [P10,000.00] in front of the 7Eleven Convenience Store at the corner of M. Almeda and M. Conception Avenues,
San Joaquin, Pasig City at about 4:00 p.m. of that day. AaSTIH
At about 4:00 p.m. of July 2, 2004, the team proceeded to the agreed meeting place.
PO3 CALLORA arrived in the vicinity of 7-Eleven on board a car driven by PS/INSP.
GARCIA and met with the informant. PO3 CALLORA and the informant waited for
accused-appellant FIGUEROA, who after a few minutes, arrived driving a Toyota Revo
with Plate No. XPN 433. Seeing the two, accused-appellant FIGUEROA waived at them
and drove towards them. Stopping near them, accused-appellant FIGUEROA rolled
down the window of her car and asked where the money was. On the other hand,
PO3 CALLORA asked for the shabu. At that juncture, accused-appellant FIGUEROA
opened a Chowking plastic bag and showed a plastic sachet containing white
crystalline substance. When PO3 CALLORA was about to hand over the buy-bust
money to accused-appellant FIGUEROA, the latter sensed the presence of police
officers in the area, so she sped away towards the direction of Kalayaan Avenue and
C-5 road. The other occupants of the car were Susan Samson y Figueroa, sister-in-law
of the accused, Margie Sampayan y Garbo, Fe Salceda y Resma and Christian Salceda
y Resma, a nine[-]year[-]old boy.
PO3 CALLORA immediately boarded the car being driven by PS/INSP. GARCIA and
gave chase. PO2 PINILI, who was driving another vehicle, joined the chase.
Accused-appellant FIGUEROA's vehicle was finally blocked at Kalayaan Avenue near
the intersection of C-5 road. At that time, PS/INSP. GARCIA saw Christian Salceda y
Resma alighted from the backdoor of the Toyota Revo and threw the Chowking plastic
bag to the pavement, which was about two steps from the backdoor. PS/INSP. GARCIA

picked it up and saw a heat sealed transparent plastic sachet containing white
crystalline substance inside. PO3 CALLORA and PO2 PINILI introduced themselves as
police officers. The Toyota Revo was checked by PS/INSP. GARCIA and PO2 PINILI,
which was witnessed by PO1 Alvarado and PO3 Basa of the Makati Police PCP No. 7,
MMDA Traffic Enforcers Gonzales and Salvador and a reporter/press photographer of
Manila Star named Eduardo Rosales. Retrieved under the floor matting of the Toyota
Revo were two heat sealed transparent plastic sachets of undetermined quantity of
white crystalline substance.
Accused-appellant FIGUEROA was informed of her violation and was apprised of her
constitutional rights. She was brought to the office of Special Operation Unit 1 of PNP
AIDSOTF for investigation. The items recovered from the crime scene were brought to
the PNP Crime Laboratory, where they were tested positive for Methylamphetamine
Hydrochloride.

ISSUE: W/N the accused violated Sections 5 and 11 of Republic Act No. 9165
HELD: In Criminal Case No. 04-2432[,] the accused Jesusa Figueroa y Coronado is
ACQUITTED of the charge for violation of Sec. 11, Art. II RA No. 9165 for lack of
evidence. The two plastic sachets of containing Methylamphetamine Hydrochloride or
shabu with a combined weight of 9.42 grams are forfeited in favor of the
Government.
2.In Criminal Case No. 04-2433, the accused Jesusa Figueroa y Coronado alias "Baby"
is found guilty beyond reasonable doubt of the offense of violation of Sec. 26, Art.
II, RA 9165 and is sentenced to suffer life imprisonment and to pay a fine of Five
Hundred Thousand (P500,000.00).

PP VS JIMMY VELASQUEZ

GR NO 177224
FACTS: On July 9, 2000, at about 9:00 in the morning, a certain Manuel De Vera
reported to the office of the 14th Regional Criminal Investigation and Detection Group
that accused-appellant Velasquez is engaged in selling shabu and marijuana dried
leaves in his residence at No. 144 Paraan St., Victoria Village, Quezon Hill, Baguio
City. De Vera allegedly came to know of the said activities of accused-appellant
Velasquez when his co-driver, a certain Arnold, whom he claimed as a shabu user,
told him about it.||| On the same day, SPO1 Modesto Carrera instructed De Vera to
buy shabu and gave him P600.00 to verify the truthfulness of the allegations against
accused-appellant Velasquez. De Vera and Arnold were able to buy shabu and
marijuana which they gave later to SPO1 Carrera.
Thereafter, SPO1 Carrera filed with the RTC of Baguio City, Branch 59, an application
for the issuance of a search warrant against accused-appellant Velasquez, which was
eventually granted.
On July 13, 2000, a team composed of P/Sr. Insp. Castil, PO1 Sawad, PO2 Cejas, PO1
Labiasto, SPO1 Carrera, SPO1 Lacangan and PO1 Amangao was formed to implement
the search warrant. They sought the assistance of Barangay Kagawad Jaime Udani
and Barangay Kagawad Lilian Somera of Barangay Victoria Village to witness the
search. The police officers together with Udani and Somera proceeded to the
residence of accused-appellant Velasquez, introduced themselves and presented the
search warrant.
In the course of the search, PO1 Amangao and SPO1 Lacangan found in the bedroom
of accused-appellant Velasquez a plastic bag containing a brick of dried leaves
suspected to be marijuana, which was wrapped in an old newspaper. After informing
accused-appellant Velasquez that they found illegal drugs inside his bedroom, SPO1
Lacangan arrested him and apprised him of his constitutional rights. When accusedappellant Velasquez was frisked, one transparent heat-sealed plastic sachet
containing a white crystalline substance suspected to be shabu was found in his
pocket. The search on accused-appellant Velasquez's residence also yielded 36
pieces of rolling papers, aluminum foil and tooter, among others.

ISSUE: W/N violated Section 8 Article II and Section 16, Article III of Republic Act No.
6425, otherwise known as the Dangerous Drugs Act of 1972
HELD: Yes. A judgement rendered finding the accused Jimmy Velasquez y Biyala
GUILTY beyond reasonable doubt in both cases. In Criminal Case No. 17945-R, the
accused is sentenced to Reclusion Perpetuaand to pay a fine of P500,000.00; in
Criminal Case No. 17946-R, the accused is sentenced to a prison term of six (6)
months of arresto mayor to two (2) years, four (4) months of prision correccional, and
to pay the costs.

PP VS MARICAR BRAINER
GR NO. 188571
At around 6:00 p.m. on June 22, 2004, a confidential informant (CI) apprised PO2
Gatdula of the Western Police District, Sampaloc Police Station 4 (PS4), that a certain
Cacay was looking for a shabu buyer. PO2 Gatdula relayed the information to Police
Inspector Alfredo David (David), Chief of the Station Anti-Illegal Drug-Special
Operation Task Unit (SAID-SOTU), who immediately organized a buy-bust team
composed of himself, PO3 Renaldo Robles (Robles), PO3 Ronaldo Intia (Intia), PO3
Jonathan Dy, PO1 Arnel Pornillosa (Pornillosa), and PO2 Gatdula as the poseur-buyer.
A coordination report was faxed to the Philippine Drug Enforcement Agency stating
that the entrapment would be conducted on June 22-23, 2004.||| On June 23, 2004, at
around 5:30 p.m., the buy-bust team, accompanied by the CI, arrived at the Holy
Trinity Church compound. Only the CI and PO2 Gatdula went inside the gate of the
Church, while the other team members stayed in close proximity. Brainer arrived a
few minutes later and approached the CI. Brainer and the CI talked for a while.
Thereafter, the CI introduced PO2 Gatdula to Brainer as the person in need of and
willing to pay P1,000.00 for shabu.||| After receiving the marked money, Brainer took
a green Safeguard soap box from the right front pocket of her pants and informed
PO2 Gatdula that the shabu was inside the box. PO2 Gatdula opened the soap box
and saw inside one small transparent plastic sachet containing white crystalline
substance, suspected to be shabu. PO2 Gatdula touched his nose, the pre-arranged

signal to indicate that the transaction was completed. Two members of the buy-bust
team came forward and immediately arrested Brainer..
ISSUE: Violation of Section 5, Article II of Republic Act No. 9165, otherwise known as
"The Comprehensive Dangerous Drugs Act of 2002."|||
HELD: From the foregoing finding the accused, Maricar Brainer y Mangulabnan a.k.a
Cacay GUILTY beyond reasonable doubt of the crime charged, is hereby sentenced to
life imprisonment and to pay a fine of P500,000 without subsidiary imprisonment in
case of insolvency and to pay costs. EcAHDT
The specimen is forfeited in favor of the government and the Branch Clerk of Court,
accompanied by the Branch Sheriff, is directed to turn over with dispatch and upon
receipt the said specimen to the Philippine Drug Enforcement Agency (PDEA) for
proper disposal in accordance with the law and rules.

PP VS MERIAM GURU
GR NO. 189808
FACTS: Police Officer (PO) 1 Conrado Juao (POI Juao) testified that on September 23, 2004,
a confidential informant went to the Moriones Police Station 2, Station Anti-Illegal Drug
Special Operations Task Unit (SAID-SOTU) and informed P/Insp. Ricardo Layug, Jr. (P/Insp.
Layug) and the members of SAID-SOTU that a certain "Meriam" was conducting illegal shabu
activities along Isla Puting Bato, Tondo, Manila. P/Insp. Layug instructed Senior Police Officer
(SPO) 3 Rolando del Rosario (SPO3 Del Rosario) to verify the information and, if possible,
carry out a buy-bust operation. On September 24, 2004. SPO3 Del Rosario conducted a
briefing to plan their operation against the subject. PO1 Juao was designated as poseurbuyer, while PO1 Earlkeats Bajarias (PO1 Bajarias) and SPO3 Del Rosario were designated as
perimeter backups. SPO3 Del Rosario handed PO1 Juao a 100-peso bill marked "RR," the
initials of Del Rosario. PO1 Arnel Tubbali (PO1 Tubbali) prepared a Coordination and PreOperation Report 8 which was received by the Philippine Drug Enforcement Agency (PDEA)
on the same day. The buy-bust team and the confidential informant arrived at Isla Puting
Bato at around 4:00 p.m. They found accused-appellant seated in an alley in front of her

house. They approached accused-appellant, who recognized the confidential informant, and
asked, "Kukuha ka ba? Magkano?" The informant replied, "Siya daw kukuha,"pointing to PO1
Juao. PO1 Juao confirmed, "Piso lang" (P100.00), and showed accused-appellant the
money. Accused-appellant took a small plastic sachet from her pants' back pocket and
handed it to PO1 Juao. PO1 Juao introduced himself as a police officer. Accused-appellant
was surprised. PO1 Juao arrested accused-appellant, while SPO3 Del Rosario and PO1
Bajarias rushed to the scene for assistance. The marked P100-bill was recovered from
accused-appellant. Accused-appellant was asked to empty her pocket. Another small
transparent plastic sachet was recovered from accused-appellant. 10The team conveyed
accused-appellant to the station, where the items recovered were marked by the
investigator in front of PO1 Juao.
ISSUE: W/N the accused violated Sections 5 and 11 (3), respectively, of Article II, Republic
Act No. 9165
HELD:
the physical inventory of the subject specimens was made only at the police station and by
an unnamed investigator. This, in itself, evokes to a reasonable mind several questions on
the safekeeping of the specimens from the time accused-appellant was arrested, up to the
time she and the buy-bust team arrived at the police station. The identity of the person who
marked the specimens and his or her competence to distinguish between the item sold by
accused-appellant and the item recovered from her are likewise relevant points of inquiry.
Finally, the conflicting evidence as regards the persons who had custody of the specimens
after the marking casts serious doubts as to whether the identity and integrity of said items
had truly been preserved. We find that these are all substantial gaps in the chain of custody
which inevitably creates a rational uncertainty in the appreciation of the existence of
the corpus delicti. We are, therefore, constrained to acquit accused-appellant in both
Criminal Case No. 04-230545 and Criminal Case No. 04-230546 on account of reasonable
doubt.

PP VS RONALD DEL ROSARIO

GR NO 188107

FACTS: Around 6:00 o'clock in the evening of April 26, 2003, PO2 Jerome Mendoza,
PO2 Virgilio Dolleton and PO3 Herminio Besmonte, while on duty at the Office of the
Drug Enforcement Unit of Las Pias City, received information from a confidential
informant about the illegal drug-selling activities of appellant, then known as a
certain alias"AgingThe team reached the place at about [9 to] 12 9:30 in the evening
of April 26, 2003. After talking with [Del Rosario], PO3 Besmonte handed the marked
money to [Del Rosario] who took it, and, in turn, gave an item to PO3 Besmonte. The
transaction having been consummated, PO3 Besmonte gave a signal by waiving his
hand. PO2 Mendoza and PO2 Dolleton, thus, responded [Del Rosario] was brought to
the Office of the Drug Enforcement Unit [DEU] of Las Pias City and the confiscated
items, including the sachet containing white crystalline substance [Del Rosario]
interposed the defense of denial. He testified that he was in his house with his wife
and his 10-month old child watching television when the three police officers, in
civilian clothes, kicked the door open and forcibly entered his house, searched the
same, and when they found nothing, handcuffed him for a purportedly fabricated
charge of selling shabu. [Del Rosario] further narrated that his father, Rolando Del
Rosario, summoned the officials of the Barangay and came to his rescue but [he] was
still taken by the police officers
ISSUE: W/N Del Rosario's guilty for the illegal sale of shabu, a dangerous drug, was proven
beyond reasonable doubt.
HELD: this Court resolves to acquit Del Rosario for the prosecution's failure to prove his guilt
beyond reasonable doubt. This Court finds that the prosecution failed to satisfactorily
establish that the plastic sachet of shabu presented in court was the same one confiscated
from Del Rosario. As Del Rosario asserts, 26 the Constitution 27 demands that an accused
like him be presumed innocent until otherwise proven beyond reasonable doubt. 28 Section
2, Rule 133 of the Rules of Court likewise requires proof beyond reasonable doubt to justify a
conviction in a criminal case; otherwise, the accused is entitled to an acquittal.

PP VS MANALAO ALAUYA
GR NO. 187496

FACTS: PO1 Solarta said that their office had received reports of Manalao's drug pushing and
using activities in the area of Poblacion, Tubod, Lanao del Norte. Thus, upon instructions of
their Officer-in-Charge, 10 Police Inspector (P/Insp.) Renato Salazar, they prepared to
conduct an entrapment or buy-bust operation against Manalao. At around seven in the
evening, the team, together with a civilian agent who was to act as the poseur-buyer,
proceeded to the carenderia of Josephine Tamarong, located along the national highway,
Poblacion, Tubod, Lanao del Norte. At the carenderia, the team pretended to be customers
and had some coffee while waiting for Manalao, who arrived at around 8:00 p.m. PO1
Solarta, who claimed to have been only around three to four meters away from the scene,
testified that when Manalao arrived, the civilian agent immediately established contact with
him. Following a brief conversation, the civilian agent handed Manalao the buy-bust money
and in turn, Manalao "got something from his pocket, opened it, and gave something" to the
civilian agent. After the "give and take" transaction, the civilian agent approached the buybust team, who without delay arrested Manalao. Thereafter, P/Insp. Salazar marked the
seized items in front of the other apprehending officers and Manalao. PO1 Solarta, aside
from narrating his account of the entrapment operation, also identified the certificate of
inventory of the items seized from Manalao, which he enumerated to be one deck of shabu,
three decks of shabu, two P100.00 bills, and one small, black and white, lady's purse. He
likewise identified the shabu presented in court to be the same one recovered from Manalao
and examined by Forensic Chemist Mag-abo.
ISSUE: W/N Manalao Alauya is guilty for the illegal sale of shabu, a dangerous drug, was
proven beyond reasonable doubt.
HELD: Manalao was charged and convicted for the sale and possession of dangerous drugs
in violation of Sections 5 and 11, Article II of Republic Act No. 9165 or the Dangerous Drugs
Act of 2002.

PP VS RENATO LAPASARAN
GR NO 198820
FACTS: Accused was arrested after a buy bust operation was conducted against him at
around 5:30 in the afternoon of 12 September 2006 in front of his residence at Block 51, Lot
25 Purok 2, San Felipe Street, Upper Bicutan, Taguig City, Metro Manila after receiving

reports from an informant on his supposed illegal drug activities. The accused was then
arrested by PO2 Maglana and recovered by PO1 Saez from him were the marked bills as well
as another plastic sachet containing suspected shabu. As such [appellant] Lapasaran was
then brought to the police headquarters for investigation wherein the arresting officers
executed a joint affidavit regarding the incident.
ISSUE: W/N the accused is guilty beyond reasonable doubt of illegal possession and sale of
methamphetamine hydrochloride, in violation of Section 11 (3) and Section 5 (1), Article II
of Republic Act No. 9165.
HELD: The RTC found that the prosecution established the essential requisites of the crimes
charged. It found appellant guilty beyond reasonable doubt of the crimes charged.

PP VS ALVIZ& DE LA VEGA
GR NO. 177158
FACTS: At about 4:00 o'clock in the afternoon of February 4, 2003, a confidential
informant arrived at Police Station 1, La Loma, Quezon City and talked to the Officerin-Charge. Thereafter, the Officer-in-Charge formed a team to conduct surveillance
and buy-bust operations at Isarog Street, Sta. Teresita, Quezon City. PO2 Edsel Ibasco
was designated as the poseur-buyer with SPO4 Edgardo Rebu[r]iano and other
policemen as back-up.
Upon arrival at Isarog Street, PO2 Ibasco and the confidential informant approached
Linda Alviz outside her house. The confidential informant told Linda that PO2 Ibasco
was deeply in need of shabu. Linda asked for the money and PO2 Ibasco gave a
P100.00 bill on which he earlier placed his initials "EI." Linda called for Elizabeth dela
Vega, who was inside the house, and the two talked. Elizabeth then went inside the
house. After a while, Elizabeth came out and handed a plastic sachet to Linda. Linda
gave the P100.00 bill to Elizabeth and the plastic sachet to PO2 Ibasco. PO2 Ibasco
then gave the pre-arranged signal by scratching his head. SPO4 Rebu[r]iano, who
was only two (2) meters away, rushed to the group, arrested Elizabeth and recovered
from the latter the buy-bust money, while PO2 Ibasco arrested Linda. The police
officers brought Linda and Elizabeth to the police station. PO2 [Ibasco] placed the
letters "EV-LA" on the plastic sachet containing white crystalline substance.

ISSUE: W/N the accused are guilty for violating Section 5, Article II, R.A. 9165
HELD: ACCORDINGLY, judgment is hereby rendered finding both accused Linda Alviz
y Yatco and Elizabeth dela Vega y Bautista GUILTY beyond reasonable doubt for drug
pushing penalized under Section 5, Article II, R.A. 9165 and each is hereby sentenced
to suffer LIFE IMPRISONMENT and to pay a fine of Five Hundred Thousand
(P500,000.00)Pesos

PP VS VICTOR DE JESUS
GR NO 198794
|On March 28, 2003, a report reached the office of the [Bulacan PDEG] about the
alleged drug selling activities of one alias Vic, herein appellant Victor De Jesus y
Garcia, along Mabini St., Barangay Poblacion, Baliuag, Bulacan. Upon instructions of
the chief of the PDEG, a surveillance was conducted in the area by SPO2 Violago, as
the team leader, together with PO1 Quizon, PO1 Dimla, and PO2 Carlito Bernardo[,]
as members.||| Around 1:00 p.m., PO2 Carlito Bernardo and the confidential agent
proceeded to the house of [De Jesus] in the guise of buying sachets of shabu. Upon
arrival thereat, the confidential agent introduced PO2 Carlito Bernardo to [De Jesus].
[De Jesus] then asked about the money. After asking [De Jesus] to bring out the
contents of his pocket, a sachet of marijuana was likewise recovered. [De Jesus] was
then informed of his constitutional rights.P[De Jesus] was immediately taken to the
police station for proper investigation.
ISSUE: W/N the accused is guilty of violating Sections 5 and 11, Article II of Republic
Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002
HELD: The RTC found that the prosecution established the essential requisites of the
crimes charged. It found appellant guilty beyond reasonable doubt of violating
Sections 5 and 11, Article II of Republic Act No. 9165 or the Comprehensive
Dangerous Drugs Act of 2002

PP VS LOLITA QUESIDO
GR NO 189351
FACTS: he District Anti-Illegal Drugs Special Operation Task Force, Manila Police
District (DAID-SOTG) received a report from an anonymous caller, regarding the
rampant use and selling of dangerous drugs of one alias "Len-Len" at Muslim and

Quinta Market areas in Quiapo, Manila.||| The informant then talked to "Baby" and
said, "kukuha kami". She then replied, "asan ang pera?". Afterward, SPO1 Chua
handed the two (2) pre-marked P100.00 bills to "Baby". Upon receipt of the said
money, "Baby" pulled out three (3) pieces of plastic sachets with white crystalline
substance from her pocket, out of which only one (1) was given to the poseur-buyer.
When the same was handed to SPO1 Chua, he made a miss call to his companions,
which was the pre-arranged signal that the sale was consummated. At the time when
accused-appellant was being arrested, she became hysterical and started shouting as
if she wanted to free herself. The accused-appellant threw the other plastic sachets
which were in her possession. Unfortunately, the police officers failed to recover them
because accused-appellant started shouting which attracted a lot of people. Accusedappellant was then brought to the DAID office on board a private jeep. She was
turned over, together with the confiscated item, to the investigator. Meanwhile, the
confiscated item was submitted to the crime laboratory with the corresponding
request for laboratory examination.
ISSUE: W/N the acussed is guilty for the illegal sale of shabu, a dangerous drug, was
proven beyond reasonable doubt.
HELD: The acussed was charged and convicted for the sale and possession of
dangerous drugs in violation of Sections 5 and 11, Article II of Republic Act No.
9165 or the Dangerous Drugs Act of 2002

PP VS Dante Dumalag
GR NO. 180514
Facts: At around 2:00 o'clock in the afternoon of January 5, 2005, a female police
informant from Pasuquin, Ilocos Norte went to the office of the Special Operations
Group (now Provincial Anti-Illegal Drugs Special Operations Team or PAID-SOT)
located at Camp Juan, Laoag City and reported that a certain Dato Dumalag, a known
drug personality of Brgy. 2, Pasuquin, Ilocos Norte was at Sexy Beach Resort owned
by Bebot Ferrer selling shabu to customers. ||| The suspect then went to the dresser
located on the southern part of the room and west of the door and took one small
plastic sachet and handed the same to PO3 Albano who immediately handed the two

marked P100 bills. After the suspect had pocketed the money on his right front
pocket, he told them, "Rumaman kay pay ngarud tig-P50.00" (Taste first, P50 worth
for each of you). At that instance, PO3 Albano gave the pre-arranged signal to the
members of the back up security that the sale was already consummated by pressing
the button of his cellphone to retrieve and call the last dialed number which was the
cell number of PO2 Valdez. After making the signal, PO3 Albano grabbed the right
hand of the suspect and informed him of his authority. The suspect scuffled with the
police officer who was however able to subdue him.
Issue: W/N the accused violated Article II, Sections 5 and 11 of Republic Act No. 9165,
otherwise known as the Dangerous Drugs Act of 2002
Held: guilty beyond reasonable doubt of violating Article II, Sections 5 and 11
of Republic Act No. 9165, otherwise known as the Dangerous Drugs Act of 2002.