PEOPLE OF THE PHILIPPINES VS NIEVA ALBERTO Y DE NIEVA, G.R. No.

179717, 5
February 2010

DEL CASTILLO, J

FACTS: Accused was charged for the violation of illegal sale of shabu under Sec. 5 of
RA 9165 in an entrapment operation. Accused raised the defense of denial and frame
up. RTC and CA convicted the accused with the prosecution presenting PO1 Inopia,
poseur-buyer, as its lone witness. Further the prosecution failed to submit in evidence
the required physical inventory and photograph of the evidence confiscated.

ISSUE: Whether the presentation of the poseur-buyer as lone witness sufficient to

convict the accused?

RULING: YES. The testimonies of the police officers who apprehended the accused
in a buy-bust operation are usually accorded credence because of the presumption of
regularity in the performance of their duty, which presumption may be overturned only
if there is clear and convincing evidence to the contrary or that they were inspired by
improper motive. Moreover, non-compliance by the apprehending/buy-bust team with
Section 21 of the Dangerous Drugs Law is not fatal as long as there is justifiable ground
therefor and the integrity and evidentiary value of the confiscated/seized items are
properly preserved by the apprehending officer/team