G.R. No.

125299 January 22, 1999

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

PUNO, J.:

FACTS:
November 1995 – PNP Narcotics Command (Narcom) received
information from 2 civilian informants that Doria (alias “Jun”) was
engaged in illegal drug activities. Narcom agents decided to entrap
and arrest Doria in a buy-bust operation. As arranged by one of the
informants, a meeting between the Narcom agents and Doria was
scheduled on Dec. 5, 1995. Dec. 5, 1995 – Narcom agents formed Team
Alpha composed of 7 policemen, two of which are PO3 Celso
Manlangit (poseur-buyer) and SPO1 Badua (back-up). Rest of the team
were perimeter security. PO3 Manlangit had 2,000 pesos. 1,600 was
money for buy-bust operation. 7:20AM – Doria appeared and the
informant introduced PO3 Manlangit as interested in buying 1 kilo of
marijuana. He handed Doria the marked bills worth 1,600 pesos. Doria
instructed PO3 Manlangit to wait for him at the corner of Shaw Blvd.
and Jacinto St. while he got the marijuana from his associate. An hour
later, Doria appeared at the agreed place where PO3 Manlangit, the
civilian informants and the rest of the team were waiting. He took out
from his bag an object wrapped in plastic and gave it to PO3
Manlangit. o PO3 Manlangit arrested Doria. SPO1 Badua rushed to
help in the arrest. o They frisked Doria but did not find the marked
bills on him. Doria said that he left the money at the house of his
associate Gaddao (alias Neneth). Doria led the police team to
Gaddao’s house. The team found the door of Gaddao’s house open.
She was inside. o Standing by the door, PO3 Manlangit noticed a
carton box under the dining table. Inside the box was something
wrapped in plastic. The plastic wrapper appeared similar to the
marijuana earlier “sold” to him by Doria. He entered the house,
peeked inside and found that it contained 10 bricks of dried marijuana
leaves. o SPO1 Badua recovered the marked bills from Gaddao and
she too was arreseted. The accused were charged by the lower court
with violation of Sec. 4, in relation to Sec. 21 of Dangerous Drugs Act
of 1972.
ISSUE:
Whether or not the buy-bust operation was valid.
RULING:
YES. Accused-appellants were caught by the police in a buy-bust
operation. A buy-bust operation is a form of entrapment employed by
peace officers as an effective way of apprehending a criminal in the act
of the commission of an offense. Entrapment has received judicial
sanction when undertaken with due regard to constitutional and legal
safeguards. The evidence shows that it was the confidential informant
who initially contacted accused-appellant Doria. At the pre-arranged
meeting, the informant was accompanied by PO3 Manlangit who
posed as the buyer of marijuana. PO3 Manlangit handed the marked
money to accused-appellant Doria as advance payment for one (1) kilo
of marijuana. Accused-appellant Doria was apprehended when he
later returned and handed the brick of marijuana to PO3 Manlangit.
There was no instigation on the part of the police officers.