G.R. No. 216725 - PEOPLE OF THE PHILIPPINES, VS. ROGELIO YAGAO Y LLABAN, ACCUSED-.

Ruling

accordingly penalizing him. [2] Antecedents The CA narrated the following procedural and factual antecedents: On 14 August 2006, appellant was charged in an Information for violating Section 5, Article II of R.A. 9165 , as follows: That on August 1, 2006 at more or less 5:00 pm at Zone 4, Bugo, Cagayan de Oro City, Philippines, and within the jurisdiction of the Honorable Court, the above-named accused, without lawful authority, did then and there, wilfully, unlawfully, and feloniously sell, trade, and dispense, deliver, distribute and/or give away one (1) transparent plastic bag containing 7.40 grams of dried marijuana fruiting tops to the arresting officers, acting as poseur-buyer, in consideration of One Hundred Pesos (Php100.00) consisting of Five (5) P20 Pesos (sic) bills bearing Serial No. PR493431, PQ027408, GH421506, GB417672, and SC496802, which upon qualitative examinations conducted thereon, give positive result to the test for the presence of MARIJUANA, a dangerous drug. The Prosecution's evidence. On 1 August 2006, PO2 Fred Yasay (PO2 Yasay) received a tip from their confidential informant that a certain Rogelio Yagao was selling illegal drugs in Zone 4, Bugo, Cagayan de Oro City. Upon the order of their superior SPO3 Rico Justalero, a buy-bust team was organized composed of PO2 Yasay, PO2 Joel Deloso, PO2 Edzel Nacaya, PO1 Leonard Comilang, PO2 George Tabian, Jr., PO2 Bangcola Manangcawal, PO2 Ariel Lig-Ang and PO2 Frederick Yamis. Around 5 p.m. in the afternoon of the same day, PO2 Yasay and the buy-bust team proceeded to Zone 4, Bugo, Cagayan de Oro to conduct the buy-bust operation. It was agreed that the confidential informant, PO2 Joel Deloso (PO2 Deloso) and PO2 Yasay would act as the poseurs-buyers . Upon their arrival at appellant's residence, the confidential informant called upon the former who was at the terrace of his house and asked "Kuha mi bai" (We will get). Appellant came down from the terrace and approached the buy-bust team. The confidential informant then handed Five (5) Twenty (20) Peso bills to appellant. Upon receiving the money, appellant then got from his right front pocket a cellophane containing dried marijuana leaves. At this juncture, PO2 Yasay and PO2 Deloso proceeded to grab appellant and told him he was under arrest. PO2 Deloso then informed appellant of his constitutional rights. Thereafter, appellant was brought to the Maharlika police station in Carmen. PO2 Deloso corroborated PO2 Yasay's testimony and narrated that at the Maharlika police station, PO2 Sagun marked the sachet which he then signed and initialled. After the marking, appellant was brought to the PNP Crime Laboratory in Camp Alagar, Cagayan de Oro City, where the sachet and marked money were presented for laboratory examination. Appellant's hands were likewise subjected to an ultra-violet examination. The request for laboratory examination was issued by P/SINSP Efren Miole Camaro at 19:45 in the evening. On the same evening, the follow