PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FLORENCIO DORIA y BOLADO, and VIOLETA GADDAO y CATAMA @ "NENETH," accused-appellants.

Two civilian informants informed the PNP Narcom that one Jun was engaged in illegal drug activities and the Narcom agents decided to entrap and arrenst Jun in a buy-bust operation. On the day of entrapment, PO3 Manlangit handed Jun the marked bills and Jun instructed PO3 Manlangit to wait for him while he got the marijuana from his associate. When they met up, Jun gave PO3 something wrapped in plastic upon which PO3 arrested Jun. They frisked Jun but did not find the marked bills on him. Jun revealed that he left the money at the house of his associate named neneth They went to Neneths house. PO3 Manlangit noticed a carton box under the dinin table and noticed something wrapped in plastic inside the box. Suspicious, PO3 entered the house and took hold of the box and found that it ha 10 bricks of what appeared to be dried marijuana leaves. Simultaneously, SPO1 Badua recovered the marked bills from Neneth. The policemen arrested Neneth and took both her and Jun, together with the coz, its contents and the marked bill and turned them over to the investigator at headquarters, Jun was then learned to be Florencio Doria while Neneth is Violata Gaddao. They were both convicted feloniously selling, administering and giving away to another 11 plastic bags of suspected marijuana fruiting tops, in violation of R.A 6425, as amended by RA 7659 Issue: WON Violeta Gaddao is liable Entrapment is recognized as a valid defense that can be raised by an accused & partakes the nature of a confession & avoidance. American federal courts and state courts usually use the subjective or origin of intent test laid down in Sorrells v. U.S. to determine whether entrapment actually occurred. The focus of the inquiry is on the accusers predisposition to commit the offense is charged, his state of mind and inclination before his initial exposure to government agents. Another test is the objective test where the test of entrapment is whether the conduct of the law enforcement agents was likely to induce a normally law-abiding person, other than one who is ready and willing, to commit the offense.

The objective test in buy-bust operations demands that the details of the purported transaction must be clearly & adequately shown. Courts should look at all factors to determine the predisposition of an accused to commit an offense in so far as they are relevant to determine the validty of the defense of inducement. In the case at bar, Gaddao was not caught red-handed during the buy-bust operation to give ground for her arrest uner Sec. 5a of Rule 113. She was not committing any crime. Contrary to the finding of the TC, there was no occasion at all for Gaddao to flee from the policement to justify her arrest in hot pursuit Neither could her arrest ne justified under second instance of personal knowledge in Rule 113 as this must be based upon probable cause which means an actual belief or reasonable grounds for suspicion. Gaddao was arrested solely on the basis of the alleged indentification made by her co-accused. PO3 Manlangt, however, declared in his direct examination that appellant Doria named his co-accused in response to his query as to where the marked money was. Doria did not point to Gaddao as his associate in the drug business, but as the person with whom he lfet the marked bills. This identification does not necessarily lead to the conclusion that Gaddao conspired with Doria in pushing drugs, If there is no showing that the person who effected the warrantless arrest had, in his own right, knowledge of the acts implicating the person arrested to the perpetration of a criminal offense, the arrest is legally objectionable. Furthermore, the fact that the box containing about 6 kilos of marijuana was found in Gaddaos house does not justify a finding that she herself is guilty of the crime charged. The prosecution thus had failed to prove that Gaddao conspired with Doria in the sale of the said drug. Thus, Gaddao is acquitted