G.R. No. 225210 - PEOPLE OF THE PHILIPPINES, VS. LARRY SULTAN Y ALMADA, ACCUSED-.DECISION - Supreme Court E-Library

Ruling

Accordingly, he assembled a buy-bust team, designating PO2 Hechanova as the poseur-buyer. PO2 Hechanova received a marked P1,000.00 bill for the transaction. [7] Later that day, PO2 Hechanova and the confidential asset rode a jeep to the Sea Breeze Hotel on San Juan Street, Bacolod City. [8] Upon arrival, they approached Sultan, who was standing at the hotel's main door. The confidential asset inquired if Sultan has P1,000.00 worth of shabu. Confirming that he had it, Sultan handed PO2 Hechanova an elongated sachet containing white crystalline substance in exchange for the marked money. As soon as the transaction occurred, the asset placed a missed call to the team, which then rushed to the scene. Meanwhile, PO2 Hechanova introduced himself as a police officer and arrested Sultan. [9] Upon frisking Sultan, PO2 Hechanova recovered three (3) plastic sachets of suspected shabu in his left pocket. He then informed Sultan of the nature and cause of his arrest and apprised him of his constitutional rights. [10] Sultan was then brought to the barangay hall of Barangay 12, Bacolod City where PO2 Hechanova marked the plastic sachets. The inventory and photographing of the seized items were made in the presence of Punong Barangay Demapanag and Kagawad Gomez. [11] Subsequently, PO2 Hechanova requested a laboratory examination of the seized sachets' contents at the Philippine National Police Crime Laboratory Office Six, Camp Montelibano, Bacolod City. [12] PO2 Edwin Albarico (PO2 Albarico) received the specimen, [13] after which he gave it to Chief Inspector Puentespina who examined the seized items, which tested positive for shabu. [14] Testifying in his defense, Sultan denied possessing and selling shabu. He claimed that at around 2:00 p.m. on December 6, 2012, he was booking a room with Batungara at the Sea Breeze Hotel when he received a call from a friend, Erwin Elibaldo (Elibaldo). When Elibaldo allegedly expressed his desire to pay his debt, Sultan arranged for their meeting in the hotel. A few minutes later, Elibaldo arrived with two (2) strangers, whom Sultan later came to know as police officers. They approached Sultan, took his sling bag, and arrested him. [15] Then, the officers brought him to Superintendent Rapiz's office at a certain JMP Building. [16] Superintendent Rapiz allegedly talked about bargaining, but it did not make sense to Sultan. Afterwards, he was brought to a barangay hall, where the police officers opened his sling bag and marked its contents, which, according to Sultan, did not include shabu. [17] Batungara corroborated Sultan's testimony. [18] In its November 27, 2013 Decision, [19] the Regional Trial Court found Sultan guilty beyond reasonable doubt of violating Section 5, for the illegal sale of dangerous drugs, and Section 11, for the illegal possession of dangerous drugs, under Article II of the Comprehensive Dangerous Drug Act. [20] The Regional Trial Court ruled that the prosecution established all the elements of the c