This case has been cited 2 times or more.
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2008-09-26 |
CHICO-NAZARIO, J. |
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| On this premise, this Court has laid down the "objective" test in scrutinizing buy-bust operations. In People v. Doria,[31] we said: 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. x x x. It bears to point out that prosecutions of cases for violation of the Dangerous Drugs Act arising from buy-bust operations largely depend on the credibility of the police officers who conducted the same, and unless clear and convincing evidence is proffered showing that the members of the buy-bust team were driven by any improper motive or were not properly performing their duty, their testimonies on the operation deserve full faith and credit.[32] | |||||
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2007-11-28 |
CHICO-NAZARIO, J. |
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| We have ruled that peddlers of illicit drugs have been known, with ever increasing casualness and recklessness, to offer and sell their wares for the right price to anybody, be they strangers or not, what matters being not the existing familiarity between the buyer and the seller, or the time and venue of the sale, but the fact of agreement as well as the act constituting the sale and delivery of the prohibited drugs.[23] Drug peddlers have become exceedingly daring and openly defiant of the law.[24] Drug pushing when done on a small-scale belongs to those types of crimes that may be committed any time and at any place.[25] | |||||