Case Summary (G.R. No. 176947)
Antecedents of the Case
On September 3, 2002, an information was filed against Tapere, charging him with the illegal sale of one plastic sachet containing Methamphetamine Hydrochloride, commonly known as shabu, in violation of Section 5, Article II of Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002). The evidence presented included Tapere selling shabu to a poseur buyer, Gabriel Salgado, during a buy-bust operation conducted by the PDEA on September 2, 2002. Tapere was already in the PDEA’s drug watch list due to prior complaints from the community regarding his drug activities.
Buy-Bust Operation
The PDEA agents organized the buy-bust operation after conducting surveillance on Tapere, which included a test buy. The agents secured a certification from the Office of the City Prosecutor regarding the buy-bust money, specifically a P100.00 bill, which was later confirmed to be used in the transaction. During the operation, Salgado bought shabu from Tapere, and upon completion of the sale, the PDEA agents immediately arrested Tapere.
Evidence Collection and Laboratory Examination
Following Tapere's arrest, the agents recovered not only the buy-bust money but also three additional sachets of shabu from Tapere's possession. The seized items were taken to the PDEA headquarters, where a request for laboratory examination was prepared. The PNP Crime Laboratory subsequently confirmed that the substances contained Methamphetamine Hydrochloride.
Trial Proceedings and RTC Decision
During the trial, Tapere denied the charges against him and claimed that he was instigated by Salgado, who he alleged was under probation and known to be a drug user. The Regional Trial Court (RTC) found him guilty, asserting that the buy-bust operation was legitimate, and no convincing evidence was provided to support Tapere's claim of instigation. The RTC sentenced him to life imprisonment and ordered him to pay a fine of P500,000.00.
Court of Appeals Ruling
On appeal, the Court of Appeals upheld the RTC's decision. It noted that the prosecution adequately established the elements of illegal sale of shabu and rejected Tapere's argument that his arrest resulted from instigation rather than entrapment. The court asserted that the absence of Salgado's testimony did not impair the prosecution’s case, as the PDEA agents present corroborated the details of the transaction.
Issues Raised
The central issue raised in this case was whether Tapere's arrest stemmed from instigation, which would require acquittal, or legitimate entrapment. Tapere contended that the latter applied, arguing that he was coerced into committing the crime by Salgado, an undercover agent.
Ruling of the Supreme Court
The Supreme Court affirmed the appellate court's ruling, elaborating on the legal distinctions between instigation an
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Case Overview
- The case involves Arnold P. Tapere, who was charged, tried, and convicted of illegally selling shabu (methamphetamine hydrochloride) in violation of Section 5, Article II of Republic Act No. 9165, known as the Comprehensive Dangerous Drugs Act of 2002.
- The Regional Trial Court (RTC) in Iligan City sentenced Tapere to life imprisonment and a fine of P500,000.00. The Court of Appeals (CA) upheld this conviction on February 27, 2007, leading to an appeal by Tapere.
Antecedents of the Case
- The information filed on September 3, 2002, accused Tapere of selling shabu on September 2, 2002, in Iligan City.
- Evidence presented by the State included the arrest of Tapere during a buy-bust operation conducted by the Philippine Drug Enforcement Agency (PDEA) after he was identified as a drug pusher.
- A test buy prior to the operation confirmed Tapere's illegal activities, prompting the PDEA to conduct a buy-bust operation.
Buy-Bust Operation Details
- The operation commenced around 7:30 p.m. on September 2, 2002, after securing a certification from the Office of the City Prosecutor for the buy-bust money.
- PDEA agents conducted surveillance and executed the operation after identifying Tapere engaging in drug sales.
- The agents observed the transaction where Tapere sold shabu to a poseur buyer, Gabriel Salgado, who was instructed to approach Tapere with marked money.
Evidence Collection and Laboratory Examination
- After the arrest, Tapere was found in possession of the marked P100.00 bill and three additional sachets of shabu.
- A request for laboratory examination was