Case Digest (G.R. No. 81761)
Facts:
The People of the Philippines v. Virgilio Payumo y Baguna, G.R. No. 81761, July 02, 1990, Supreme Court Third Division, Cortes, J., writing for the Court.The plaintiff-appellee is the People of the Philippines; the defendant-appellant is Virgilio Payumo y Baguna; Angelito Belen y Reyes was charged with him as a co-accused. The complaint charged both with violation of Section 4, Article II, Republic Act No. 6425 (Dangerous Drugs Act) — selling marijuana — allegedly committed on August 17, 1987 in Caloocan City.
On August 17, 1987 the Anti-Narcotics Unit (ANU) of the Caloocan City Police, acting on information from a confidential informant, sent Policemen Renato Postrado (a poseur-buyer), Jose Marte and Police Aide Francisco Garcia Jr. to conduct surveillance and a buy-bust along 11th Avenue. Postrado, introduced to the appellant by the informant, offered P10.00 and was allegedly handed four sticks of marijuana cigarettes by Payumo, who then was arrested after Postrado signaled his companions. Payumo pointed to Belen’s house as his source. At Belen’s house officers found crushed marijuana leaves, thirty-five sheets of rolling paper and, reportedly, the marked P10.00 in Belen’s pocket; the marked bill and rolling paper later became contested items.
The prosecution presented the testimony of Policemen Postrado and Marte and NBI forensic chemist Evelyn Pizarro, and introduced the four sticks of cigarette, the NBI report confirming marijuana, the marked P10.00 bill and other seized items. The defense produced lay witnesses (a jeepney driver Valentin Justiniano, the appellant’s uncle/dispatcher Carlos Baguna, Yakult vendor Ester Rojo), the appellant’s testimony denying sale and alleging he was taken by the policemen, and the co-accused Belen’s testimony denying possession; defense contended the operation amounted to instigation rather than entrapment.
The Regional Trial Court, Branch 131, Caloocan City, after trial and excluding as inadmissible the P10.00 bill and the 35 sheets of rolling paper seized from Belen’s house as the search there was held warrantless and illegal, acquitted Angelito Belen but convicted Virgilio Payumo of selling prohibited drugs. By its November 19, 1987 dispositive the trial cour...(Pro-only)
Issues:
- Was the buy-bust operation in this case an unlawful instigation that would absolve the accused, or was it lawful entrapment permitting conviction?
- Do the alleged inconsistencies in the prosecution witnesses’ testimonies and the accused’s denial justify overturn...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)