Case Digest (G.R. No. 162368)
Facts:
ARNOLD TAPERE y POLPOL was charged on September 3, 2002 with violating Section 5, Article II of Republic Act No. 9165 for allegedly selling one plastic sachet of shabu on September 2, 2002 in Iligan City during a PDEA buy‑bust in which a poseur buyer, Gabriel Salgado, tendered a P100 bill certified by the City Prosecutor and agents recovered four marked sachets (AT‑1 to AT‑4) and the buy‑money from Tapere. The PNP Crime Laboratory issued Chemistry Report No. D‑083‑02 on September 4, 2002 confirming methamphetamine hydrochloride in the sachets; the RTC convicted Tapere on April 15, 2003 and sentenced him to life imprisonment and a P500,000 fine, and the Court of Appeals affirmed on February 27, 2007.Issues:
- Was Tapere’s apprehension the product of instigation rather than entrapment, thus entitling him to acquittal?
- Did the Prosecution prove beyond reasonable doubt the elements of illegal sale under Section 5, Article II of Republic Act No. 9165?
Ruling:
The Court affirmed Case Digest (G.R. No. 162368)
Facts:
- Parties and charge
- People of the Philippines as Plaintiff-Appellee charged Arnold Tapere y Polpol as Accused-Appellant with illegal sale of shabu under Section 5, Article II, Republic Act No. 9165.
- The information dated September 3, 2002 alleged that on or about September 2, 2002 in Iligan City the accused sold one plastic sachet containing methamphetamine hydrochloride to a buyer.
- Investigation, surveillance and watchlist entries
- PDEA included Tapere in its drug watch list for Purok San Antonio based on repeated resident complaints.
- Informant Gabriel Salgado reported Tapere's continuing drug activity to PDEA.
- PDEA agents conducted surveillance on August 30, 31 and September 1, 2002 and effected a test buy confirming Salgado's report.
- Pre-operation procedures and exhibits
- The buy-bust team secured a certification from the Office of the City Prosecutor for the buy-bust money, presenting P100.00 bill bearing serial number YU859011 (Exhibit E-1).
- City Prosecutor Roberto Z. Albulario, Jr. issued Certification (Exhibit E) attesting that Exhibit E-1 matched the xerox copy Exhibit A.
- A pre-operation briefing was held; PDEA agents instructed Salgado to act as the poseur buyer and furnished him Exhibit E-1.
- Buy-bust operation and arrest
- At about 7:10–7:30 p.m. on September 2, 2002 the buy-bust team positioned themselves near a row of stalls on Alcuizar Avenue in Purok San Antonio.
- The agents observed Salgado approach Tapere, hand over money, and receive a small heat-sealed plastic sachet.
- Salgado made the pre-arranged signal; agents arrested Tapere, identified themselves as PDEA, and recovered Exhibit E-1 from his right pocket.
- Tapere voluntarily produced three additional sachets and handed them to SPO3 Bastatas.
- The agents brought Tapere to PDEA headquarters in Camp Cabili and prepared a request for laboratory examination (Exhibit B).
- Laboratory examination and evidence
- PO1 Margaja delivered the request and sachets AT-1 to AT-4 to the PNP Crime Laboratory the following day.
- Sr. Police Insp. Mary Leoncy M. Jabonillo issued Chemistry Report No. D-083-02 dated September 4, 2002 confirming methamphetamine hydrochloride in all four sachets with respective weights AT-1 0.09 g, AT-2 0.51 g, AT-3 0.03 g, AT-4 0.10 g.
- The chemistry report was approved by Police Supt. Liza Madeja Sabong.
- Accused's version and family testimony
- Tapere claimed Salgado, a four-year neighbor and known drug user under probation, asked him to buy shabu for Salgado's use....(Subscriber-Only)
Issues:
- Primary legal issue presented
- Whether the arrest and conviction of Arnold Tapere y Polpol resulted from *instigation* that would warrant acquittal or from legitimate *entrapment* that does not absolve criminal liability.
- Evidentiary and procedural sub-issues
- Whether the Prosecution proved beyond reasonable doubt the elements of illegal sale under Section 5, Article II, R.A. No. 9165.
- Whether the buy-bust team substantially complied with custody, inventory and ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)