G.R. No. 227187 - PEOPLE OF THE PHILIPPINES, VS. ERIC L. SEVILLA, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, agent Cañada organized a buy-bust team, with IO1 Magdadaro as the poseur-buyer and SO2 Ponferrada as the back-up arresting officer. Agent Cañada also prepared the Php100.00 bill marked money with initials "JAM". It was also agreed that the lighting of a cigarette by IO1 Magdadaro would signal the consummation of the transaction. The team proceeded to the Panabo City Police Station where they conducted a final briefing. At around 5:15 p.m., IO1 Magdadaro and SO2 Ponferrada, together with the confidential informant, proceeded to the target area on board a motorcycle. Upon arrival at the target area, the confidential informant pointed to a man sitting at a nipa hut, who was later established as appellant. The confidential informant introduced IO1 Magdadaro to appellant as his friend who wanted to buy marijuana. Appellant asked IO1 Magdadaro how much marijuana he would like to buy, to which IO1 Magdadaro answered "Php100.00 worth." Appellant then retrieved a bag from a wooden cage and took out two packets which he gave to IO1 Magdadaro. Upon confirming that the packets contained marijuana leaves, IO1 Magdadaro handed the Php100.00 marked money to appellant who placed it inside his right pocket. IO1 Magdadaro then lit a cigarette to signal the consummation of the transaction prompting SO2 Ponferrada to approach them. SO2 Ponferrada introduced himself as a PDEA agent, handcuffed appellant and informed him of his rights. He frisked appellant and recovered from appellant's right pocket the Php100.00 marked money and from appellant's bag 10 packets of suspected marijuana. In the presence of appellant, IO1 Magdadaro marked the two packets he bought from appellant while SO2 Ponferrada marked the 10 packets and the bag. Thereafter, the police officers placed the seized items inside the evidence pouch. They then went back to the Panabo Police Station and conducted an inventory and took photographs of appellant and the seized items in the presence of witnesses Benigno Gumban, Jr. of the media, elected official Eduardo Alas, Ian Dionela of the Department of Justice (DOJ), and appellant's representative, Leonida Sevilla. IO1 Magdadaro took custody of the two packets while the 10 packets were with SO2 Ponferrada. After preparing the request for laboratory examination, IO1 Magdadaro and SO2 Ponferrada delivered the seized items to the PNP Crime Laboratory in Tagum City, which were received and weighed by SPO2 Obrero. SPO2 Obrero then turned over the seized items to the evidence custodian who, in turn, handed it to P/S Razonable, the forensic chemist, for examination. P/S Razonable examined the seized items and found them positive for marijuana. Version of the Defense The defense presented appellant as its sole witness. According to appellant, on May 26, 2010, while entering the gate of his house after arriving from work, around 10 persons followed him and one of them held both his hands. When appellant asked what his violation was, the person holding