G.R. No. 186141 - People vs. Figueroa y Coronado

The case involves the accused-appellant, Jesusa Figueroa y Coronado, charged in connection with two criminal cases filed under Republic Act No. 9165.
Criminal Case No. 04-2432 charged her with possession of 9.42 grams of Methylamphetamine Hydrochloride (shabu).
Criminal Case No. 04-2433 charged her with attempting to sell 4.60 grams of shabu during a buy-bust operation.

On June 20, 2004, an informant alerted P/Supt. Nelson T. Yabut of alleged drug pushing activities involving the accused.
On June 23, 2004, the informant, along with PO3 Josefino Callora, met with the accused at the parking area of SM Bicutan in Taguig, where the accused indicated she had no stock but promised to inform once she had shabu of good quality.
Preparations for a buy-bust operation were made:

The Special Operation Unit 1 of the PNP Anti-Illegal Drugs Special Operations Task Force (AIDSOTF) prepared genuine and decoy money (including two P500.00 bills flagged with ultra-violet powder) to simulate a P10,000.00 transaction.
The operation was scheduled for July 2, 2004, at a designated meeting point in front of a 7-Eleven Convenience Store at the corner of M. Almeda and M. Conception Avenues, San Joaquin, Pasig City.

On July 2, 2004, at around noon, the informant confirmed that the accused had a stock available, prompting police action.
At approximately 4:00 p.m. on the same day:

The police team—comprising P/Supt. Yabut, PS/Insp. Pepito Garcia, PO3 Callora, and PO2 Pinili—attended the scene.
The accused arrived in her Toyota Revo, acknowledged the presence of the police team by waiving, and engaged in conversation about the transaction.
She showed a Chowking plastic bag containing a sachet of a white crystalline substance (later identified as shabu).
Sensing the presence of police and aware of the situation, the accused abruptly drove away.

A Chowking plastic bag discarded on the pavement containing a heat-sealed plastic sachet with the substance.

ii. Two plastic sachets were later retrieved from the vehicle.

The recovered items were sent to the PNP Crime Laboratory, where the substance tested positive for Methylamphetamine Hydrochloride.

The Regional Trial Court (RTC), Branch 64 of Makati City, conducted trials on both charges.
On May 18, 2006, the RTC:

Acquitted the accused on the charge under Criminal Case No. 04-2432 (possession).
Convicted her under Criminal Case No. 04-2433 (attempted sale), sentencing her to life imprisonment and imposing a fine of ₱500,000.00.
Ordered the forfeiture of the plastic bag containing 4.60 grams of shabu in favor of the Government.

The accused-appellant challenged the RTC’s decision, prompting a review process.

The Court of Appeals (CA) reviewed the case and, on October 25, 2007, affirmed the RTC’s convictions.
The accused-appellant further appealed to the Supreme Court, alleging multiple errors in the trial proceedings.

Whether the trial court erred in not holding the operation irregular due to a failure on the part of law enforcement to secure prior coordination with the Philippine Drug Enforcement Agency (PDEA) as required by Section 86 of RA 9165.

Whether there was a prearranged agreement between PO3 Josefino Callora and the accused regarding the sale of shabu, or if the transaction was solely between the accused and the informant.

Whether the trial court committed a reversible error in giving credence to the testimonies of PO3 Callora and PS/Insp. Pepito Garcia despite alleged discrepancies in their accounts.

Whether the trial court erred in convicting the accused of attempting to sell a dangerous drug under Section 26, Article II of RA 9165, based on the evidence presented.