G.R. No. 200295 - PEOPLE OF THE PHILIPPINES, VS. EDGAR BOLO Y FRANCO, ACCUSED-.

Ruling

Accordingly, the team was formed composed of PO3 Valderama, PO3 Modina, PO3 Galvez, PO1 Rosales and PO1 Montefrio. PO1 Montefrio was designated as the poseur buyer who received two (2) P100 bills as buy bust money pre-dusted with ultra violet powder. On the other hand, PO3 Pagsolingan and the rest of the team were designated as back­ups. Having agreed on what the signal would be once the same is consummated and after securing a Pre-Operation Report from the PDEA, the team then proceeded to the target place at 11 th and 12 th avenue, 7 th street, Caloocan City. Upon their arrival and upon seeing alias Gagay, the latter was introduced by the informant to Montefrio who immediately announced his intention to buy shabu . Alias Gagay then asked Montefrio how much. In response, Montefrio said "two hundred pesos" and simultaneously handed the money to alias Gagay, the accused herein. Upon receipt of the money, the accused took from his pocket a plastic sachet from which he pulled one plastic sachet which he gave to PO1 Montefrio who thereafter gave the pre-arranged signal. Thereafter, he arrested the accused and introduced himself as a police officer and recovered the buy bust money from the hand of the accused. Upon seeing the pre-arranged signal, Pagsolingan ran towards the accused and Montefrio in order to arrest the former. Having been told by Montefrio that there were still other sachets in the pocket of the.accused, Pagsolingan ordered the latter to empty his pocket. As a result, Pagsolingan recovered three more plastic sachets from the accused. The police officers then brought the accused to their office where they turned him over together with the recovered evidence to the investigator, PO2 Randulfo Hipolito. Upon receipt of the evidence, PO2 Randulfo Hipolito marked the evidence that he received from PO1 Montefrio as EBF-1 Buy Bust 04-01-06. On the other hand, the evidence that PO3 Pagsolingan recovered were marked as EBF-2, EBF-3 and EBF-4. Thereafter, the investigator prepared a letter addressed to the Crime Laboratory Office requesting that the buy bust shabu as well as the specimen recovered from the accused be subjected to laboratory examination to determine whether they contained Methylamphetamine hydrochloride. The investigator likewise prepared a letter request for the detection of ultra violet powder on the persons of the accused, the poseur buyer, PO1 Montefrio as well as on the two P100 bills. Upon receipt of the Letter Request from the DAID-SOTG, Police Senior Inspector Jesse de la Rosa, conducted an examination on the specimen contained in four plastic sachets pre-marked with EBF-1 Buy Bust 4-01-06 to EBF-4. His examination gave positive results to the test of Methylamphetamine Hydrochloride, a dangerous drug. He reduced his findings into writing contained in Physical Science Report D-167-06. He also received a request for the detection of ultra violet powder on the living persons of the accused and of PO1 Montefrio as well as the m