PEOPLE OF THE PHILIPPINES v. ARSENIO CORTEZ y MACALINDONG a.k.a. Archie, G.R. No. 1!1", #$%y &!, &''" FACTS Pro(ec$)io* October 26, 2003, at about 2 oclock in the morning, a confdential inormant reported to the Pasig City Police S!" that a certain #rchie $as selling shabu in the %icinity o &rgy' &uting, Pasig City' "pon being apprised o this bit o inormation, S!" Chie P()nsp' *elbert !sguerra held a briefng, ormed a our+man team to conduct a buy+bust operation, and designated SPO2 ipagan to act as team leader poseur+buyer' -$o .2/ PhP 00 bills to be used as buy+bust money $ere handed to SPO2 ipagan $ho then put his initials on the bill notes' # pre+operation report $as made and submitted to the Philippine rug !norcement #gency $hich then ga%e it control number 260+03+0'
-hereater, -hereater, the team, composed composed o, among others, PO !spares and SPO2 ipagan, $ith the inormant, proceeded to the target area' SPO2 ipagan and the inormant proceeded ahead o the group' #t the corner o San 1uillermo and !' *endoa streets, they located the target person $hereupon the inormant introduced the poseur+buyer to #rchie' hen asked ho$ much he $anted to buy, SPO2 ipagan replied PhP 200 $orth only and ga%e alias #rchie the marked money' -hereater, #rchie took out rom his right pocket and handed to SPO2 ipagan a heat+sealed transparent plastic sachet containing a $hite crystalline substance' -hereupon, SPO2 ipagan e4ecuted the pre+arranged signal, by remo%ing his hat, signiying the consummation o the transaction' SPO2 ipagan then introduced himsel and announced the sellers arrest'
*ean$hile, the back+up police operati%es, $ho $ere 0 meters a$ay, upon noticing the pre+arranged signal, rushed to$ard their team leader to help him hold #rchie' SPO2 ipagan then directed #rchie to empty his pocket' 5rom his let pocket, #rchie brought out $ith his let hand the buy+bust money' PO !spares later testifed ha%ing $itnessed this particular episode' #ter$ards, the team hauled #rchie to the Pasig City Police Station or in%estigation' -he in%estigator, PO Clarence ipales, then prepared a re7uest or laboratory e4amination on the $hite crystalline substance sub8ect o the buy+bust operation' SPO2 ipagan e4ecuted a s$orn statement in connection $ith the arrest o #rchie, $ho $as later identifed as accused+appellant accused+appellant Corte'
-he seied transparen transparentt plastic sachet sachet containing containing the $hite crystalline substance substance $as or$arded or$arded to the !astern Police istrict Crime 9aboratory O:ce on St' 5rancis St', *andaluyong City' P()nsp' ;oseph *' Perdido, 5orensic Chemical O:cer, conducted a 7ualitati%e e4amination on the said specimen $eighing 0'0< gram' -he e4amined specimen specimen tested positi%e or methamphetamine hydrochloride or shabu.
I(($e+ hether or not the buy bust operation is legal R$%i*+ -he buy bust operation is legal' )n People v. Bongalon the Court elucidated on the nature and legality o a buy+bust operation, noting that it is a orm o entrapment that is resorted to or trapping and capturing elons $ho are pre+disposed to commit crimes' -he operation is legal and has been pro%ed to be an e=ecti%e method o apprehending drug peddlers, pro%ided due regard to constitutional and legal saeguards is undertaken' !ntrapment should be distinguished rom instigation $hich has been %ie$ed as contrary to public policy' ,
-he buy bust operation is legal, because it $as an entrapment not an instigation'
)n People v. Bongalon the Court elucidated on the nature and legality o a buy+bust operation, noting that it is a orm o entrapment that is resorted to or trapping and capturing elons $ho are pre+disposed to commit crimes' -he operation is legal and has been pro%ed to be an e=ecti%e method o apprehending drug peddlers, pro%ided due regard to constitutional and legal saeguards is undertaken' ,
!ntrapment should be distinguished rom instigation $hich has been %ie$ed as contrary to public policy'
Te() o- va%i E*)ra/0e*)
)n determining the occurrence o entrapment, t$o tests ha%e been de%eloped> -he sub8ecti%e test and the ob8ecti%e test'
"nder the sub8ecti%e %ie$ o entrapment, the ocus is on the intent or predisposition o the accused to commit a crime' "nder the ob8ecti%e %ie$, on the other hand, the primary ocus is on the particular conduct o la$ enorcement o:cials or their agents and the accused?s predisposition becomes irrele%ant'
-he go%ernment agents act is e%aluated in the light o the standard o conduct e4ercised by reasonable persons generally and $hether such conduct alls belo$ the acceptable standard or the air and honorable administration o 8ustice'
)n the case at bar, the e%idence clearly sho$s that the police o:cers used entrapment to nab Corte in the act o selling shabu )t $as the confdential inormant $ho made initial contact $ith Corte $hen he introduced SPO2 ipagan as buyer' SPO2 ipagan then asked to buy PhP 200 $orth o shabu and paid using the pre%iously marked money' Corte then ga%e SPO2 ipagan a plastic sachet containing $hat turned out to be shabu -hen, upon the sending out o the pre+set signal, Corte $as arrested' -he established se7uence .
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o e%ents categorically sho$s a typical buy+bust operation as a orm o entrapment' -he police o:cers conduct $as $ithin the acceptable standard o air and honorable administration o 8ustice'
