People of the Philippines vs. Alvin Pringas [ G.R No.
175928 ]
John Dexter P. Balaba
Contention of the State: Appellant was
charged before the RTC of Pasig City with
Violation of Sections 5, 11 and 12 of Republic
Act No. 9165, otherwise known as
Comprehensive Dangerous Drugs Act of 2002
 Appellant was charged with violation
of Section 5 for selling 0.03 gram of
methamphetamine hydrochloride
(shabu).
 Appellant was, likewise, charged with
possession of three sachets of shabu
with a total weight of 0.29 gram.
 material to the prosecution for illegal sale of
Officer-in-Charge of the Station Drug
Enforcement Unit of the Pasig City Police
Station, designated PO1 Joselito Esmallaner to
act as a poseur-buyer in a buy-bust operation
to be conducted against appellant along
Beverly Street, Barangay Buting, Pasig City.
Defense of the Accused: He denied the buy-
bust operations. He claimed that he and his
common-law wife Gina Dean were with their
three children in their House in Beverly Street,
Buting, Pasig City when somebody (later
identified as Esmanaller, Mapula, Espares and
Familiara) kicked the door of their house,
entered without any search warrant or arrest
warrant. The policemen subsequently
conducted a search in the house but they
neither recovered nor took anything. The
violent entry was even witnessed by 3 of his
neighbours who were having a drinking
session.
And then Appellant would next argue that the
evidence against him was obtained in
violation of Sections 21 and 86 of Republic Act
No. 9165 because the buy-bust operation was
made without any involvement of the
Philippine Drug Enforcement Agency (PDEA).
Ruling: Section 86 is explicit only in saying that
the PDEA shall be the "lead agency" in the
investigations and prosecutions of drug-
related cases. Therefore, other law
enforcement bodies still possess authority to
perform similar functions as the PDEA as long
as illegal drugs cases will eventually be
Criminal Law 2
transferred to the latter. Additionally, the
same provision states that PDEA, serving as
the implementing arm of the Dangerous
Drugs Board, ":shall be responsible for the
efficient and effective law enforcement of all
the provisions on any dangerous drug and/or
controlled precursor and essential chemical as
provided in the Act.
The elements necessary for the prosecution
of illegal sale of drugs are: (1) the identity of
the buyer and the seller, the object, and
consideration; and (2) the delivery of the
thing sold and the payment therefor.What is
dangerous drugs is the proof that the
transaction took place, coupled with the
presentation in court of evidence of corpus
delicti.
Also, In illegal possession of dangerous drugs,
the elements are: (1) the accused is in
possession of an item or object which is
identified to be a prohibited drug; (2) such
possession is not authorized by law; and (3)
the accused freely and consciously possessed
the said drug. All these elements have been
established.
 Appellant was indeed the owner of
these items for they were found in his
house on top of the bangkito
following the buy-bust operation and
after his arrest. The substance in the
plastic sachets was shabu as
confirmed by Chemistry Report No. D-
733-03E. Finally, the drug
paraphernalia seized are sufficient to
prove that appellant also violated
Section 12 of Republic Act No. 9165.