Title
People vs. Rivera y Dumo
Case
G.R. No. 208837
Decision Date
Jul 20, 2016
Donna Rivera convicted for illegal sale and possession of shabu after a valid buy-bust operation; claims of frame-up dismissed, penalties affirmed.
illegal sale
possession
methamphetamine hydrochloride
A

Case Summary (G.R. No. 208837)

Informations and Charged Acts

In Criminal Case No. A-5711 (Possession), the information alleged that on 26 January 2009, in Agoo, La Union, appellant willfully, unlawfully, and feloniously had in possession, control, and custody three plastic sachets marked “B1 JJC,” “B2 JJC,” and “B3 JJC,” each containing methamphetamine hydrochloride, without securing the necessary permit, license, or prescription from the proper government agency.

In Criminal Case No. A-5712 (Sale), the information alleged that on the same date and place, appellant for and in consideration of P500.00 willfully, unlawfully, and feloniously sold and delivered one plastic sachet containing 0.0484 gram of methamphetamine hydrochloride to IO1 Jaime J. Clave, Jr., who posed as buyer using marked money, consisting of bills bearing specified serial numbers, also without the necessary authority or permit.

Buy-Bust Operation and Arrest

Upon arraignment, appellant pleaded not guilty to both charges, and trial proceeded on the merits. The prosecution evidence showed that on 26 January 2009, acting on a tip from an informant that appellant was selling drugs in San Nicolas Central, Agoo, the police formed a buy-bust team. The prosecution stated that Police Officer 3 Roy Arce Abang (PO3 Abang) formed the team after confirming the tip with the PDEA Regional Office in San Fernando City, La Union.

IO2 Jaime Clave (IO2 Clave) served as the poseur buyer, while Lanibelle Ancheta (Ancheta) acted as immediate back-up. Other officers joined the operation, including Intelligence Officers Rosario Vicente, Jojo Cayuma, Ricky Ramos, and IO2 Natividad. IO2 Clave was given five (5) pieces of P20.00 bills, one (1) piece of P200.00 bill, and two (2) pieces of P100.00 bills to be used as buy-bust money.

At the target area, IO2 Clave and the informant approached appellant, who was then seated on a bamboo bench. The informant introduced IO2 Clave as the one who wanted to buy shabu worth P500.00. IO2 Clave gave appellant the marked money. Appellant then took out an elongated plastic sachet from her pocket and handed it to IO2 Clave. After inspection of the sachet, IO2 Clave sent the pre-arranged signal by wearing his sunglasses on top of his head. Ancheta rushed to IO2 Clave’s side, introduced themselves as PDEA officers, and appellant was arrested and subjected to a body search.

During the search, three (3) more elongated plastic sachets and four (4) small plastic sachets of suspected shabu were recovered from appellant. The prosecution asserted that the confiscated items were marked and inventoried in the presence of barangay officials, a representative from the media, and other witnesses. IO2 Clave then brought the seized items to the PNP Crime Laboratory for examination.

Laboratory Examination and Evidence

The chemistry report (Chemistry Report No. D-007-09) identified the specimens submitted and their recorded net weights. The report showed that qualitative examination yielded a positive result for methamphetamine hydrochloride, a dangerous drug. The laboratory report confirmed that the plastic sachets contained white crystalline substances corresponding to the markings and recorded net weights stated in the decision narrative.

Appellant’s Version and Defense

In defense, appellant gave a different account. She testified that on 26 January 2009 at around 4:00 p.m., she was waiting for her grandmother on a bench outside the grandmother’s house when five armed men approached and asked if she was Donna Rivera. After she confirmed her identity, she claimed that she was frisked, and she and her live-in partner were arrested. She stated that her live-in partner was later released, while she was detained. She further claimed that during investigation, she was not accompanied by counsel.

The defense position, as framed in the proceedings, also challenged the validity of the arrest and the admissibility of the seized items, asserting that the arrest was warrantless and that there was sufficient time to secure a warrant. Appellant also argued that a buy-bust operation should not be used to dispense with the warrant requirement.

Proceedings in the RTC and Court of Appeals

The RTC found appellant guilty beyond reasonable doubt of both offenses. The dispositive portion of the RTC decision sentenced appellant in Criminal Case No. A-5711 for violation of Section 11, Article II of R.A. No. 9165 to an indeterminate penalty of twelve (12) years and one (1) day as minimum to fifteen (15) years as maximum, and imposed a fine of P300,000.00. In Criminal Case No. A-5712, the RTC sentenced appellant for violation of Section 5, Article II of R.A. No. 9165 to life imprisonment and a fine of P500,000.00. The RTC also ordered transmittal of the plastic sachets for proper disposition by PDEA.

On appeal, the Court of Appeals affirmed. It held that the prosecution proved beyond reasonable doubt that the sachets seized from appellant contained shabu. It also found that a consummated sale transpired between IO2 Clave and appellant, crediting the testimony of the PDEA officers regarding the elements of illegal possession and illegal sale. The appellate court sustained the convictions against appellant’s arguments, which were reiterated in her appeal.

Issues and Appellant’s Contentions Before the Supreme Court

Appellant argued that the PDEA officers had sufficient time to secure a warrant of arrest and failed to do so. She maintained that a buy-bust operation could not be employed to dispense with the warrant requirement. She also insisted that she was merely sitting on a bench waiting for her grandmother and that the arrest and seized evidence were thus not credible. Finally, she contended that the items allegedly seized from her were inadmissible because they were the product of an invalid warrantless arrest.

Supreme Court’s Ruling on Credibility and Elements of the Offenses

The Supreme Court affirmed the trial court and the Court of Appeals. It reiterated that the factual findings of the trial courts, particularly those involving witness credibility, deserve respect absent glaring errors, gross misapprehension, or speculative, arbitrary, and unsupported conclusions. The Court held that a review of the records supported the trial court’s finding that guilt was established beyond reasonable doubt.

For illegal sale of shabu, the Court reiterated the elements that must be proven: (1) the identity of the buyer and seller, the object and the consideration; and (2) the delivery of the thing sold and the payment therefor. For illegal possession of a dangerous drug, the Court stated the requisites: (1) possession of an item identified as prohibited or regulated drug; (2) possession is not authorized by law; and (3) the accused was freely and consciously aware of being in possession of the drug.

Applying these principles, the Court found that the prosecution established all elements. It found that the PDEA officers caught appellant flagrante delicto while selling shabu to IO2 Clave. It held that the delivery of the illicit drug to the poseur buyer and the receipt by appellant of the marked money consummated the buy-bust transaction. After arrest, it sustained that appellant was frisked and eight (8) plastic sachets of shabu were recovered from her, and it relied on the chemistry findings confirming methamphetamine hydrochloride. The Court also regarded the presentation of the marked money in evidence as corroborative of the buy-bust transaction.

The Supreme Court rejected appellant’s defense of denial and alleged frame-up. It treated such defenses as disfavored in drug cases because they can be easily concocted and are commonly advanced. The Court held that denial or frame-up requires strong and convincing evidence in view of the presumption that law enforcement officers acted in the regular performance of their official duties. It found no proof of improper motive on the part of the officers.

Validity of Warrantless Arrest in a Buy-Bust Operation

On appellant’s challenge to the arrest and the warrantless character of the operation, the Court cited Section 5 of Rule 113 of the 1985 Rules on Criminal Procedure, which allowed warrantless arrests in enumerated circumstances, including when the person arrested has committed, is actually committing, or is attempting to commit an offense.

The Supreme Court held that appellant was caught in the act of committing an offense. It ruled that when an accused is apprehended in flagrante delicto as a result of a buy-bust operation, police are authorized and duty-bound to arrest without a warrant. The Court cited People v. Agulay for the rule that an arrest made after entrapment does not require a warrant because it constitutes a valid “warrantless arrest” under Rule 113, Section 5(a). It also stated that a buy-bust operation is a form of entrapment accepted as a valid and effective mode of apprehending drug pushers when carried out with due regard for constitutional and legal safeguards, and it thus considered the warrantless arrest in

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