G.R. No.

29828
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee
vs.
ELSIE E. JUGUILON, Accused-Appellant

FACTS:

Accused was charged of the crime illegal sale of Shabu as a

result of the buy-bust operation conducted by the PDEA. PO2
Villarte was designated as the poseur-buyer. Upon consummation of
the sale, the apprehending team immediately seized the accused
and brought him to the PDEA office. The marking and inventory of
the seized items where done thereat with the presence of a
barangay councilor, a prosecutor and a representative of the media.
A photograph of appellant and the seized items together with the
inventory witnesses was likewise taken.

The accused argued that she was just framed-up. And she
avers that her warrantless arrest was illegal since she was not then
committing any crime.

RTC found accused guilty beyond reasonable doubt which was

affirmed by the CA.

Hence, this present appeal.

ISSUE:

Whether or not, the CA correctly affirm the RTC decision,

convicting the accused of the crime charged.

RULING OF THE COURT:

The court dismissed the appeal and confirmed the CA

decision.

The court was fully convinced that a legitimate buy-bust

operation was indeed conducted against appellant. To secure a
conviction for illegal sale of shabu, the following essential elements
must be established: 1) the identities of the buyer and the seller,
the object of the same and the consideration for the sale; and 2)
the delivery of the thing sold and the payment therefor.
 In this case, the evidence on record showed the presence of
all these elements as culled from the testimony of the poseur-
buyer.

Moreover, appellant was clearly arrested in flagrante delicto

as she was then committing a crime, a violation of the Dangerous
Drugs Act in the presence of the buy-bust team. The seized items
were admissible in evidence as the search, being incident to a
lawful arrest, needed no warrant for its validity.