Three cases for violations of Article II, Section 5 of RA 9165 and violation
of RA 10591 were filed against Richard Tan y Rebujio. These cases were
consolidated and jointly tried per agreement of the parties during the pre-trial
conference.1
Antecedents
The accusatory portion of the Information charging the violation of Section
5, Article II of RA 9165 reads: (CR.T-5963)
That at about 10:45 oclock in the morning of January 19,
2015, at Brgy. Magallanes, municipality of Tayug, province of
Pangasinan, Philippines, and within the jurisdiction of this
Honorable Court, the above-named accused, after buy-bust operation
conducted against him, did then and there willfully, unlawfully and
feloniously sell one (1) heat-sealed transparent plastic sachet
marked as GTM containing Methamphetamine Hydrochloride
or shabu weighing 0.105 gram, a dangerous drug, in exchange of
five (5) pieces of One Hundred Peso Bill with serial numbers
HH391431, KH561294, ZV180227, G161550 and EF598131
marked as DPC, DPC2, DPC3 and DPC4, respectively.
Contrary to Sec. 5, Art. 2 of Republic Act 9165, otherwise
known as Comprehensive Dangerous Drugs Act.
The accusatory portion of the Information charging the violation of Section
12, Article II of RA 9165 reads: (CR.T-5964)
That at about 10:45 oclock in the morning of January 19,
2015, at Brgy. Magallanes, municipality of Tayug, province of
Pangasinan, Philippines, and within the jurisdiction of this
Honorable Court, the above-named accused, after buy-bust operation
conducted against him, did then and there willfully, unlawfully and
feloniously found to have in his possession, control and custody
three (3) open heat-sealed transparent plastic sachet marked as
GTM-1, GTM-2 and GTM-3 containing Methamphetamine
Hydrochloride or shabu residue, a dangerous drug, which are
equipments, apparatus or paraphernalia fit or intended for
1
Umipig of DWRS Radyo ng Bayan Tayug. SPO1 Millo marked in the presence of
the accused and these witnesses the sold sachet containing suspected shabu with
his initials GTM and the three open sachets allegedly containing shabu residue
with GTM-1 through GTM-3.
PO3 Castillo likewise marked the cal.22 magnum firearm with his initial
DPC and the five ammunitions with DPC-1 through DPC-5. The accused was
placed under arrest and was apprised of his constitutional rights. They brought him
to the Eastern Pangasinan District Jail for medico-legal examination and
subsequently brought to Tayug Police Station together with the confiscated items.
Thereafter, SPO1 Millo, PO3 Castillo and their driver proceeded to the PNP
Crime Laboratory in Urdaneta City to submit the cal. 22 Magnum with markings
DPC and five (5) live ammunitions with markings DPC-1 through DPC-5.
Afterwards, they went to PNP Crime Laboratory in Lingayen, Pangasinan to
submit the heat-sealed sachet with markings GTM and the three (3) open sachets
with markings GTM-1 through GTM-3. Laboratory examination reveals that the
heat-sealed sachet with markings GTM and the three (3) open sachets with
marking GTM-1 through GTM-3 tested positive for the presence of
Methampethamine Hydrochloride, commonly known as shabu. Hence, the filing of
these consolidated charges.
EVIDENCE FOR THE ACCUSED
For his part, the accused testified to prove his defense, in the main, he
denied the allegations of the police officers and claimed that he was framed and
was even robbed by the police officers.
On that fated day, the accused just came from a kambingan eatery located
between the boundary of Tayug and Sta. Maria where he ate his meal. He was on
his way to his house when he was flagged in a checkpoint set-up down the bridge
in Brgy. Magallanes. He was asked to produce his drivers license, which he
readily complied and he left right after. Two kilometers away from the checkpoint,
he met PO3 Castillo and SPO1 Millo who flagged him to stop. He stopped and
parked his motorcycle in a nearby waiting shed thinking that they probably have
work for him being an electronic technician of this town. To his surprise, PO3
Castillo instructed SPO1 Millo to frisk him. SPO1 Millo only checked his pocket
and took his wallet. He had a total cash amounting to P12,000.00 pesos (40 pieces
of P100 bills and 8 pieces in P1000 bills). Moments later, two barangay officials
and other police officers arrived. These police officers laid down the items subject
of these cases on a bench. He denied that Brgy. Capt. Mary Cabigas was around
during the alleged inventory of the items and the money they took from his wallet
except the 8 pieces P1000 bills, which the accused claims was taken by the police
officers. Thereafter, he was brought to the police station where he was locked up in
jail.
COURTS RULING
The Court is not unmindful of the efforts of the law enforcement agencies to
flush out the illegal drug menace in the community. As an effective method to curb
the effects of illegal drugs, law enforcement agencies target the sellers of these
illegal drugs through buy-bust operations. A buy-bust operation is a legally
effective and proven procedure, sanctioned by law, for apprehending drug peddlers
and distributors.8
Herein accused was arrested for allegedly selling to a confidential asset and
SPO1 Millo one heat-sealed sachet containing Methamphetamine Hydrochloride or
shabu
People vs. Mantalaba, G.R. No. 186227, July 20, 2011 cited in People vs. Garyzaldy Duzon.
G.R. No. 199901, October 9, 2013.