Facts:

• Donna Rivera y Dumo was found guilty of illegal sale and possession of methamphetamine hydrochloride (shabu) in a buy-bust operation conducted by the Philippine Drug Enforcement Agency (PDEA).
• The incident occurred on January 26, 2009, in the Municipality of Agoo, Province of La Union, Philippines.
• PDEA received information that Rivera was selling drugs in San Nicolas Central, Agoo, La Union.
• A buy-bust team was formed, with Intelligence Officer 2 Jaime Clave acting as the poseur buyer.
• Rivera was arrested after selling shabu to Clave and was found to be in possession of several plastic sachets containing shabu.
• The confiscated items were marked and inventoried, and a laboratory examination confirmed the presence of methamphetamine hydrochloride.
• Rivera pleaded not guilty to the charges.

Issue:

• (Unlock)

Ruling:

The court affirmed the conviction of Rivera for violation of Sections 5 and 11, Article II of the Comprehensive Dangerous Drugs Act of 2002.

• The court held that the buy-bust operation was conducted lawfully without a warrant because Rivera was caught in the act of committing an offense.
• The court also found that the items seized from Rivera were admissible as evidence because they were recovered during a valid warrantless arrest.
...(Unlock)

Ratio:

• In a prosecution for illegal sale of shabu, the elements that must be proved are the identity of the buyer and seller, the object and consideration, and the delivery of the drug and payment.
• To prove illegal possession of a dangerous drug, it must be shown that the accused was in possession of a prohibited drug, such possession was not authorized by law, and the accused was aware of being in possession of the drug.
• The prosecution was able to esta...continue reading