This case has been cited 3 times or more.
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2007-03-07 |
GARCIA, J. |
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| In general, the presentation of an informant in an illegal drugs case is not essential for conviction nor is it indispensable for a successful prosecution because his testimony would be merely corroborative and cumulative. In a case involving the sale of illegal drugs, what should be proven beyond reasonable doubt is the fact of the sale itself. Hence, like the non-presentation of the marked money used in buying the contraband, the non-presentation of the informer would not necessarily create a hiatus in the prosecution's evidence.[11] | |||||
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2006-09-27 |
GARCIA, J. |
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| We therefore stress that the "objective" test in buy-bust operations demands that the details of the purported transaction must be clearly and adequately shown. This must start from the initial contact between the poseur-buyer and the pusher, the offer to purchase, the promise or payment of the consideration until the consummation of the sale by the delivery of the illegal drug subject of the sale. The manner by which the initial contact was made, whether or not through an informant, the offer to purchase the drug, the payment of the "buy-bust" money, and the delivery of the illegal drug, whether to the informant alone or the police officer, must be the subject of strict scrutiny by courts to insure that law abiding citizens are not unlawfully induced to commit an offense. Criminals must be caught but not at all cost. At the same time, however, examining the conduct of the police should not disable courts into ignoring the accused's predisposition to commit the crime. If there is overwhelming evidence of habitual delinquency, recidivism or plain criminal proclivity, then this must also be considered. Courts should look at all factors to determine the predisposition of an accused to commit an offense in so far as they are relevant to determine the validity of the defense of inducement. Appellant would advance an extra-constitutional exclusionary regime against such operation. The proferred course of conduct is obviously unacceptable. As correctly pointed out by the People in its brief before the CA, the price that must have to be paid for the adoption of appellant's proposition is the unnecessary and dangerous exposure of government confidential agents and informants in its crusade to ferret out the menace and proliferation of drug abuse. Living in the fringes of the underworld, these police "assets" may well be unwilling to expose themselves to possible liquidation attempts by drug lords and their allies should their identities be revealed much too often by repeated appearances in court to testify against drug dealers, pushers or users. Against such needless hamperings of the government's battle against illegal drugs, appellant has failed to demonstrate a clear showing of a constitutional right that should justify the novel extraordinary restriction he proposes.[17] A "buy-bust" operation has proven itself to be an effective mode of apprehending drug pushers. This is not to say, however, that an end can justify the means. If carried out with due regard to constitutional and legal safeguards, a "buy-bust" operation deserves judicial sanction.[18] The delivery of the prohibited drugs to the disguised poseur-buyer and the receipt by the seller of the marked money consummate the buy-bust transaction between the entrapping police officers and the drug dealers.[19] | |||||
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2000-03-21 |
BELLOSILLO, J. |
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| But we are not persuaded. Mabel Cheung Mei Po turned hostile witness understandably because of her adverse interest in the case. She was separately charged for violation of Sec. 15, Art. III, RA 6425,[16] although she was subsequently acquitted by the trial court on reasonable doubt.[17] It is therefore to be expected that she would be extremely cautious in giving her testimony as it might incriminate her. At any rate, the testimony of the police informant in an illegal drug case is not essential for the conviction of the accused since that testimony would merely be corroborative and cumulative.[18] Hence, even if we concede that Mabel Cheung Mei Po's testimony was discredited on account of the dismissal of the criminal case against her, the prosecution could still rely on the testimonies of the arresting officers and secure a conviction on the basis thereof. | |||||