G.R. No. 137348 - People vs. Ong y Li

On July 27, 1998, William Ong y Li and Ching De Ming @ Robert Tiu, both Chinese nationals, were charged with violation of Section 15, Article III, in relation to Section 2, Article I, of Republic Act No. 6425 (The Dangerous Drugs Act of 1972, as amended), for allegedly selling 980.50 grams of Methyl Amphetamine Hydrochloride ("shabu") in Quezon City.
They pleaded not guilty at arraignment, assisted by a Chinese interpreter. Their knowledge of the English language was doubtful.

A confidential informant (CI) of the PNP Narcotics Group reported illicit drug activities involving William Ong and an unidentified Chinese male, leading Chief Inspector Ferro to conduct a buy-bust operation.
The CI contacted William Ong, ordered one kilogram of shabu at a price of Php 600,000, and set a meeting at 6th Street corner Gilmore Avenue, New Manila, Quezon City.
The buy-bust team was formed with Police Inspector PoAe as team leader, SPO1 Gonzales as poseur-buyer, and others as back-up support.
On July 24, 1998, the meeting was reset by the drug dealer to between 2:00 and 3:00 PM. The operation proceeded at the said venue and time with the CI and SPO1 Gonzales.
William Ong approached the vehicle and was introduced to SPO1 Gonzales. Ong excused himself, waved at someone. Ching De Ming then arrived in a green Toyota Corolla, handed Ong a wrapped package containing suspected shabu, which SPO1 Gonzales inspected.
Payment was made by SPO1 Gonzales handing the boodle money to William Ong. Both accused were then arrested.
The white crystalline substance tested positive for Methyl Amphetamine Hydrochloride with net weight of 980.50 grams.

William Ong claimed he was looking for work, introduced to a prospective employer, and was arrested after being blindfolded and taken forcibly by persons who later revealed themselves as police officers.
Ching De Ming denied any involvement, stating he was waiting in his car for his girlfriend and her mother when he was forcibly taken and arrested. His girlfriend’s mother corroborated this story.
Both denied the accusations of conspiracy and sale of drugs.

On November 18, 1998, the trial court convicted the appellants as charged, imposing the death penalty and a fine of Php 1 million each.

The case was elevated to the Supreme Court on automatic review.
The appellants raised issues regarding invalid arraignment due to language barrier, the hearsay nature of the prosecution’s evidence, the alleged failure to prove entrapment, and the mishandling of evidence.

Whether the arraignment complied with the rule requiring the Information to be read in a language or dialect known to the accused.
Whether the prosecution sufficiently proved beyond reasonable doubt the sale of shabu by the appellants, especially considering the hearsay nature of witness testimony excluding the confidential informant.
Whether there was proper entrapment in the buy-bust operation or whether the appellants were induced unlawfully to commit the offense.
Whether the identity of the confidential informant should have been disclosed given its materiality and relevance to the defense.
Whether the chain of custody of the seized drug evidence was properly established.
Whether the appellants’ denial and defense were sufficiently corroborated and material in view of the prosecution’s failure of proof.