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JurisprudenceG.R. No. 264409 -

G.R. No. 264409 - PEOPLE OF THE PHILIPPINES, VS. ANTONIO SARIO Y SERRANO AND MACARIO PEREZ, JR. Y MERCADO, ACCUSED;ANTONIO SARIO Y SERRANO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Cited Laws

RA 9165,RA 9165
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Decision

Ruling

Accordingly, Perez withdrew his pleas of not guilty in Criminal Case Nos. 30023-17-C and 30025-17-C, and replaced the same with pleas of guilty, albeit to two counts of illegal possession of drug paraphernalia. [12] In a May 9, 2018 Order, [13] the RTC approved of Perez's pleas of guilty and handed a corresponding judgment of conviction against the latter. [14] The prosecution's version was relayed by the following witnesses: Police Officer I Eryl B. Estrada (PO1 Estrada) an officer of the PNP who assumed the role as the poseur buyer of the buy-bust operation; Police Officer III Mark Ivan A. Are (PO3 Are) an officer of the PNP who acted as team leader of the buy-bust operation; [15] and Police Chief Inspector Donna Villa Huelgas (PCINSP Huelgas) a forensic chemist of the PNP who conducted a laboratory examination on the shabu seized during the buy-bust operation. [16] The prosecution's version was summarized by the CA as follows: At around 8:45 [p.m.] of July 21, 2017, a confidential informant went to the Los Baños Municipal Police Station and relayed the information that a certain Antonio and his cohort are engaged in the illegal sale of dangerous drugs in [Barangay] San Antonio, Los Baños, Laguna. Upon the directive of station chief [Police Superintendent] Arvin B. Arevalo, a buy-bust team was formed consisting of [nine] members with PO3 Are as team leader and PO1 Estrada as [poseur buyer]. During the team briefing, a [PHP] 500.00 bill with serial number LF143983 was marked with "EE" to serve as buy-bust money. It was agreed upon that the pre-arranged signal that the sale has already been consummated was the removal of [PO1] Estrada's helmet. The team prepared a Pre-Operation Report and a Coordination Form which were sent to the Philippine Drug Enforcement Agency (PDEA) Regional Office 4A. After the briefing, the buy-bust team, together with the confidential informant and media representative Liberato Tatad [(Tatad)] of People's Balita , proceeded to [Barangay] San Antonio, Los Baños, Laguna. [PO1 Estrada] and the confidential informant rode a motorcycle while the rest of the team boarded tinted four[-]wheel vehicles. [PO1 Estrada] and the confidential informant proceeded to the target area while the rest of the buy-bust team positioned themselves in strategic places. At around 12:30 a.m. of July 22, 2017, the buy-bust team reached the target place which was near the San Antonio Elementary School. Thereat, [PO1 Estrada] and the confidential informant saw [two] men standing along the road. The confidential informant identified the men as [Sario] and his cohort [Perez]. When they approached the [two] men, [Perez] immediately asked the confidential informant the purpose of their visit. The confidential informant introduced [PO1 Estrada] to the [two] men and said that he would like to score some shabu . [Perez] asked [PO1 Estrada] how much shabu he would buy. The latter answered that he would purchase [PHP] 500.00 worth of shabu and simultane