People Of The Philippines v. Pejer

CARPIO MORALES, J.:

Nita Eugenio y Pejer (appellant) was charged before the Regional Trial Court (RTC) of Pasig City1 for violation of Section 5, Article II of Republic Act No. 9165 (R.A. No. 9165) or the Comprehensive Dangerous Drugs Act of 2002, allegedly committed as follows:2 On or about May 13, 2003 in Pasig City, and within the jurisdiction of this Honorable Court, the accused, not being lawfully authorized by law, did then and there willfully, unlawfully and feloniously sell, deliver and give away to PO1 Aldrin Mariano, a police poseur-buyer, one (1) heat-sealed transparent plastic sachet containing three (3) centigrams (0.03 gram) of white crystalline substance, which was found positive to the test for methamphetamine hydrochloride, a dangerous drug, in violation of the said law. Contrary to law. (underscoring supplied) From the evidence for the prosecution, the following version is culled: On the night of May 13 , 2003, at around 7:30 p.m., a confidential informant reported to PO1 Aldrin Mariano (PO1 Mariano), officer-on-duty at the Pasig City Hall Detachment, that one alias "Aruba"

was selling shabu at Vicper Compound, Malinao, Pasig City. P/Sr. Insp. Chief Rodrigo Villaruel at once formed a buy-bust team to conduct an operation composed of, among others, PO3 Amilassan Salisa as team leader, and PO1 Mariano as poseur-buyer.

PO1 Mariano, who was given two one hundred peso bills bearing Serial Numbers BT219634 and XN547078 to be used as buy-bust money, wrote his initials "ARM" thereon at the lower left portion. The operation was recorded in the police blotter and coordinated with the Philippine Drug Enforcement Agency (PDEA) which gave it control number NOC-1305-03-10.3 At around 8:00 in the evening, the team, together with the confidential informant, proceeded to the residence of appellant who was standing in front of her house.

The informant at once introduced PO1 Mariano as buyer. As appellant inquired how much, PO1 Mariano handed her the two marked bills upon which appellant drew out one substance-filled sachet from the "outside wall" of her house.

At that instant, PO1 Mariano removed his cap, the pre-arranged signal for the team members to, as they did, close in. PO1 Mariano then held appellant's arm, identified himself as a police officer, and apprised her of her constitutional rights as he retrieved from her the buy-bust money. He thereafter marked "EXH-A arm/05/13/03"

on the substance-filled sachet "sold" to him by appellant. The buy-bust team brought appellant to the Rizal Medical Center for physical check-up and later to the police detachment office where P/Sr. Insp.

Chief Villaruel prepared the following memorandum of May 13, 20034 addressed to the Chief of the Eastern Police District Crime Laboratory Office, requesting the conduct of laboratory examination on the seized substance-filled sachet to determine the presence of dangerous drugs and their weight: 1. Respectfully forwarded to your good office herewith/attached (sic) submitted specimen for laboratory examination to wit: NATURE OF OFFENSE VIOLATION OF RA 9165 NAME OF SUSPECT NITA EUGENIO Y PEJER, 57 years old, widow, Res. At Vicper Compound, Malinao, Pasig City D.T.P.O. On or about 8:30 PM 13 May