G.R. No. 226485 - THE PEOPLE OF THE PHILIPPINES, V. BERNIE DELOCIEMBRE Y ANDALES AND DHATS ADAM Y DANGA, ACCUSED-.

Ruling

Accordingly, SOII Macairap instructed their informant to purchase twenty-five (25) grams of shabu worth P150,000.00 from Bernie and arrange a meeting with him, to which the latter agreed. Thus, at around 2:30 in the afternoon, the buy-bust team, together with the informant, proceeded to the target area in NIA Road, Quezon City. Upon arriving, the informant introduced IO1 Avenido, the designated poseur-buyer, to Bernie and his companion, Dhats. Dhats then handed over a folded cardboard paper with a Lotto 6/49 logo containing a white crystalline substance to IO1 Avenido, who, in turn, paid Bernie using the marked money. As Bernie was about to count the money, IO1 Avenido executed the pre-arranged signal by taking off his cap, and consequently, accused-appellants were apprehended. Shortly after, the team left the area and proceeded to the Philippine Drug Enforcement Agency (PDEA) office. Thereat, the requisite marking and inventory were done in the presence of Barangay Kagawad Jose Ruiz, Jr. and accused-appellants, while SOII Macairap took pictures of the same. Subsequently, IO1 Avenido delivered the seized drugs to the PDEA laboratory where they were received by Forensic Chemical Officer Jappeth Santiago (FCO Santiago) who confirmed that they tested positive for methamphetamine hydrochloride and meferonex , a dangerous drug. Consequently, FCO Santiago turned over the said items to the custody of the trial court. [9] For their part, accused-appellants raised the defenses of denial and alibi. Bernie claimed that at around twelve (12) o'clock in the afternoon of April 7, 2010, while he was at home preparing his son for school, he noticed that PDEA agents Renato Reyes and Roy Allan, the alleged bosses of his brother "Axe," were knocking at the latter's door. When asked about the whereabouts of "Axe," Bernie told them that "Axe" left for Aklan to visit his wife. Subsequently, they left but came back shortly to invite Bernie to the PDEA office. After joining the agents in the PDEA office, Bernie was again asked of "Axe's" whereabouts. In the interim, he noticed some illegal drugs placed on the table and saw Dhats for the first time. After being questioned, Bernie was purportedly taken to the city hall for inquest. [10] Meanwhile, Dhats maintained that at around twelve (12) o'clock in the afternoon of even date, he and his wife were having lunch at their house when six (6) armed men suddenly arrived in search of "Axe," whom he allegedly knew by name. He was then handcuffed and brought to the PDEA office where he was joined by Bernie. Thereafter, he was taken to Camp Crame for medical examination. According to Dhats, IO1 Avenido demanded the amount of P100,000.00 for his release, but since he could not produce the same, he was brought to the city hall for inquest. [11] The RTC Ruling In a Judgment [12] dated December 12, 2014, the RTC found accused­ appellants guilty beyond reasonable doubt of violating Section 5, Article II of RA 9165, sentencing each of