G.R. No. 144399 - PEOPLE OF THE PHILIPPINES, VS. DANILO RODRIGUEZ AND EDWIN RODRIGUEZ, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the Chief of Police of Camp Delgado, P/INSP Alex Relado, assigned Assistant Investigator and Intelligence Operative PO1 Richard Lambino to the boarding house of the confidential agent on Gen. Hughes and Sagrado Sts. every afternoon. On January 21, 1998, at about 9 oclock in the evening, PO1 Lambino was introduced by the narcotics agent to accused-appellants as a bakasyonista who was into drugs. PO1 Lambino was afterwards taken to the house located along Gen. Hughes St., owned by a person referred to as captain, where PO1 Lambino ordered 1 kilogram of marijuana for the price of P6,000.00. PO1 Lambino offered to give an initial payment of P1,500.00 in three P500 bills, all marked with the initials AR (for Alex Relado), which accused-appellant Danilo Rodriguez accepted. Accused-appellant Edwin was also present inside the house of the captain when the transaction took place. Both accused-appellants promised to return at 4 oclock in the morning of the next day, January 22, 1998, to deliver the marijuana for which they would be paid the balance of the agreed price. [5] A team was, therefore, organized by P/INSP Relado to conduct a buy-bust operation. The team was composed of PO1 Lambino, who would act as a poseur-buyer, and PO1 Wendel Alfonso, as close back-up, with Sgts. Glicerio Gafate and Honrado and PO2 Diosdado Adonis as part of the arresting team. [6] At 2 oclock in the morning of January 22, 1998, the members of the team deployed themselves in the vicinity of the boarding house of PO1 Lambino. [7] In a sketch [8] which he drew in open court, PO1 Lambino indicated that he and PO1 Alfonso stayed inside the boarding house, while PO2 Adonis posted himself near the Bayani Royal Hotel across the street on Gen. Hughes St., and the rest of the team stayed near the gate of the Sagrado Corazon de Jesus College, which was separated from the boarding house only by a footwalk. Accused-appellants failed to show up at the agreed time. At about 5:30 oclock in the morning, PO1 Alfonso went out of the boarding house to buy cigarettes from a store in front of the Sagrado Corazon de Jesus College. PO1 Lambino followed and went to a waiting shed near the boarding house. [9] At about 6 oclock in the morning, just as the members of the team were about to leave, accused-appellants arrived on a jeep. Edwin handed a black bag to Danilo who then delivered it to PO1 Lambino. [10] PO1 Lambino opened the bag and saw a brick of dried marijuana leaves wrapped in a newspaper. When Lambino identified himself as a NARCOM agent and told both accused-appellants that they were under arrest, [11] Edwin tried to run away, but he was intercepted and handcuffed by members of the team. Danilo resisted arrest. He kicked some members of the team and bit the hand of P/INSP Relado. As Danilo could not be subdued and placed in the police car, the police had to stop a passenger jeep and load him into it. Accused-appellants were then taken to Camp Delgado. [12] Accused-app