G.R. Nos. 137458-59 - PEOPLE OF THE PHILIPPINES, VS. JESUS G. BATOCTOY, EDUARDO P. VERGARA, JAIME B. PONCE, RICARDO F. GARCIA, AND SPO1 RODOLFO C. REGACHO.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the NBI scheduled a buy-bust operation for 10 a.m. of March 9, 1997 at the Winston Hotel in Ermita, Manila. He then had ten (10) P100 bills dusted with fluorescent powder as the marked money in the entrapment. He was to be the poseur-buyer, while his fellow NBI Agents Martin Soriano and Allan Santiago would back him up. The team then proceeded to the hotel, where they rented two rooms one for the NBI agents and the other for the informants who had instructions to persuade Rudy to deliver the dangerous drugs at said hotel rooms. [8] Even the best-laid plans can go awry, however, and in this instance, it did, for Rudy and Andrew told the informers that the drugs would be delivered at Room No.12 of Longwood Hotel in Harrison Boulevard, Pasay City and not at the Winston Hotel in Manila. Without additional planning, the law enforcers and an informant proceeded to Longwood Hotel. At the anteroom of Longwood Hotels Room No. 12, the informer introduced Palencia to a certain Ric. The latter asked for the cash, so Palencia handed him the bag containing bundles of money, including the marked bills. Ric then entered Room 12 and Palencia told the informer to advise the back-up team of this development. After 20 or so minutes, one Rudy, who was later identified as SPO1 Regacho, came out carrying a newspaper-wrapped package. The package contained a transparent plastic bag filled with a white crystalline substance. Palencia then discreetly pressed the radio transceiver, which he had concealed under his clothing to alert Soriano and Santiago that the deal was done. He immediately collared Rudy and announced a raid. Moments later, Soriano and Santiago arrived and barged inside Room No. 12 where they found the appellants Batoctoy, Vergara, Garcia, and Jaime Ponce, counting money on the bed. The law enforcers arrested all four. A search of the premises led to the recovery of four (4) plastic bags of shabu from a trashcan. Along with the packet taken by Palencia from Rudy, the teams haul, thus amounted to five (5) bags of shabu , with a total weight of 254.8214 grams, to wit: Bag marked PMP 1------------------------------------ 4. 5539 grams PMP 2------------------------------------ 4.5102 grams PMP 3------------------------------------ 0. 7121 grams PMP 4------------------------------------ 1. 0996 grams 10.8758 PMP 5(subject of buy-bust transaction)-- 243.9456 grams Total: 254.8214 grams [9] The NBI team brought the appellants and the confiscated drugs to the NBI Forensic Chemistry Laboratory for examination. The tests revealed the appellants hands to be positive for fluorescent powder, while the confiscated substance was determined to contain methamphetamine hydrochloride or shabu . Agents Palencia and Soriano then executed their joint affidavit of arrest. [10] NBI Forensic Chemist EDWIN PURIFICANDO testified that the ultraviolet examination of the dorsal and palmar aspects of the left and r