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24.

A certain Fernando Villamin, alias Andoy, was engaged in the sale of shabu in Bulacan. Thus,
a team was formed to conduct a test-buy operation of shabu from accused-appellant. SPO4
Taruc, after making sure that the content of the plastic sachet was indeed shabu, held the hands of
accused-appellant and placed him under arrest. Accused-appellant was, thereafter, frisked and
the marked money, along with six more sachets of shabu, were seized from him. As a signal to
the other members of the buy-bust operation team that the transaction was already completed,
SPO4 Taruc placed his hand on his head.

3 criminal cases (RTC - 1st guilty, 2nd and 3rd acquitted). Appeal to CA was not granted, hence
this petition.

Issue: WON Accused-appellant was not given the opportunity to know the reason for his arrest,
as he was immediately handcuffed by the arresting officers in contravention of his rights against
unreasonable searches and seizures.

Held: No. The elements necessary for the prosecution of the illegal sale of drugs are: (1) the
identities of the buyer and the seller, the object, and the consideration; and (2) the delivery of the
thing sold and the payment therefor. What is material to the prosecution for the illegal sale of
dangerous drugs is the proof that the transaction or sale actually took place, coupled with the
presentation in court of evidence of corpus delicti. These are all present in this case.
25.
A confidential informant arrived at around 4:30 noon and reported that there is a person who has
been selling shabu. An entrapment team was formed. A pre-operational report was submitted of
the undertaking. At 5:00 p.m., the team was dispatched to the target area.[5]

Issue: WON appellant is guilty beyond reasonable doubt

Held: No. Other than the markings that SPO2 Sevilla alleged, it is clear that no physical
inventory and no photograph of the seized items were taken in the presence of the accused or his
counsel, a representative from the media and the Department of Justice (DOJ), and an elective
official. Witness also did not mark the plastic sachet of shabu immediately upon seizure; it was
only marked upon arrival at the police station.

26. an informant went to the Anti-Illegal Drugs Special Operations Unit (ADSOU) in Caloocan
City to report the illicit drug dealings of the accused. Police Inspector Cesar Cruz of ADSOU
immediately instructed some of his men to conduct a buy-bust operation against the accused. On
his part, the accused claimed that the arresting officers had framed him up because they wanted
to extort a substantial amount from him in exchange for his release. RTC convicted accused. CA
assailed conviction. Hence this petition.

ISSUE: WON there is FAILURE TO COMPLY WITH THE PROCEDURE IN THE CUSTODY
OF SEIZED PROHIBITED AND REGULATED DRUGS PRESCRIBED UNDER THE
IMPLEMENTING RULES AND REGULATION OF REPUBLIC ACT NO. 9165 WHICH
CASTS SERIOUS DOUBT ON THE IDENTITY OF THE SEIZED DRUG CONSTITUTING
THE CORPUS DELICTI OF THE OFFENSE.

HELD: No. what is material is the proof showing that the transaction or sale actually took place,
coupled with the presentation in court of the 27. thing sold as evidence of the corpus delicti
27. Atty. Ruel Lasala Chief of the NBI Narcotics Division ordered to place accused Yen E under
surveillance and arrange a possible buy-bust involving him. The operation was completed and
shabu was confirmed inside the plastic bag in the transaction. Accused Chua denied the charges.
RTC convicted and CA affirmed, hence this appeal.

ISSUE: whether or not the CA erred in finding that the prosecution succeeded in proving beyond
reasonable doubt the consummation of the illegal sale of prohibited drugs.

HELD: Yes. SI Sunega admitted that the team immediately arrested the appellants before he
could deliver the buy-bust money to the appellants. Accused are convicted of illegal possession
of drugs, not illegal sale.
28. A female police informant from Pasuquin, Ilocos Norte went to the office of the Special
Operations Group and reported that a certain Dato Dumalag is selling shabu to customers. Acting
upon the report, police officers organized a team to conduct a buy bust operation against the
suspect. Accused-appellant insisted that he is innocent and that the charges against him were
merely fabricated.

ISSUE: Whether or not the marking of evidence was invalid, that would affect the arrest and
invalidate it too?
RULING: NO. Court finds that the chain of custody of the sachets of shabu seized from accusedappellant had been duly established by the prosecution, in compliance with Section 21 of
Republic Act No. 9165.
29. a series of reports relayed by a confidential informant that a certain Paterno Lorenzo was
peddling shabu in the Barangay Dulongbayan area, the team of PO3 Pineda embarked on a buybust operation against said drug peddler. After taking the marked money, Lorenzo handed the
shabu to the informant. They arrested Lorenzo. RTC rendered a Decision convicting Lorenzo for
illegal possession and sale of dangerous drugs, but acquitting Estanislao

ISSUE: WON the prosecution discharged its burden of proving Lorenzos guilt beyond
reasonable doubt for the crime charged.

HELD: NO. The prosecutions case fails for failure to establish the identity of the prohibited
drug with moral certainty, an element of the crime.

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