People Vs Guiara

Christine Lily Angely T.
Chin JD-2
PEOPLE OF THE PHILIPPINES,

- versus -
HASANADDIN GUIARA
G.R. No. 186497 September 17, 2009
Facts: On August 24, 2005, at about 3 oclock in the afternoon, a confidential informant arrived at the
Taguig City Police Station and reported the illegal drug peddling activities of one alias Mads in Taguig
City. Accordingly, the information was relayed to their Chief P/Insp. Ronaldo Pamor who then conducted
a briefing. During the briefing, PO2 Rolly B. Concepcion was designated as the poseur-buyer. He was
given a five hundred peso (PhP 500) bill, which he marked with his initials, RBC, and photocopied for
record purposes, to be used as the buy-bust money during the entrapment.
After making the necessary coordination with the Philippine Drug Enforcement Agency, and the
police team, they proceeded to their target area. Upon arriving at the target area, the team members
positioned themselves strategically to observe the transaction, while PO2 Concepcion and the informant
proceeded to the location of the shabu peddler where the informant introduced PO2 Concepcion to
alias Mads. He told Mads that his friend wanted to buy PhP 500 worth of shabu. Mads then
replied, Limang-daang piso lang ba? Meron pa ako dito. He then pulled out two (2) plastic sachets
containing white crystalline substance and gave the smaller packet to PO2 Concepcion. In turn, PO2
Concepcion gave the marked money to Mads. Thereafter, Mads handed a plastic sachet
containing shabu to PO2 Concepcion, who upon receiving the same, executed the pre-arranged signal,
by removing his ballcap, signifying that the transaction was already consummated. This prompted his
team to rush to their position to assist in the arrest.
After the apprehension of Mads, who was later identified as accused-appellant, the buy-bust
money was recovered from the possession of accused-appellant, as well as another plastic sachet
containing shabu. PO2 Concepcion then marked the confiscated pieces of evidence for future
identification purposes. After marking, accused-appellant was brought to the police station.
Upon arrival at the police station, PO2 Concepcion turned over the confiscated items to the
police investigator for the preparation of the necessary request for examination at the crime laboratory.
The specimens gave positive result to the tests for Methamphetamine Hydrochloride, a dangerous drug.
Christine Lily Angely T. Chin JD-2
On appeal to the CA, accused-appellant disputed the lower courts decision finding him guilty
beyond reasonable doubt of the crime charged. He raised the issue that the police officers failed to
conduct a legitimate and valid buy-bust operation. He also questioned whether the chain of custody of
the shabu allegedly recovered from him was properly established arguing that the police officers failed
to follow the established rules governing custodial procedures in drug cases without any justification for
doing so.
Issue: Whether or not there was proof of sale and presentation of corpus delicti
Ruling: In the prosecution of illegal sale of shabu, the essential elements have to be established, to wit:
(1) the identity of the buyer and the seller, the object of the sale and the consideration; and (2) the
delivery of the thing sold and the payment therefor. What is material is the proof that the transaction or
sale actually took place, coupled with the presentation in court of the corpus delicti as evidence. The
delivery of the illicit drug to the poseur-buyer and the receipt by the seller of the marked money
successfully consummate the buy-bust transaction.
In the instant case, the prosecution was able to establish these elements beyond moral
certainty. Accused-appellant sold and delivered the shabu for PhP 500 to PO2 Concepcion posing as
buyer; the said drug was seized and identified as a prohibited drug and subsequently presented in
evidence; there was actual exchange of the marked money and contraband; and finally, accused-
appellant was fully aware that he was selling and delivering a prohibited drug.
The testimony of PO2 Concepcion indubitably shows that a transaction involving shabu actually
took place between accused-appellant and the poseur-buyer. What is more, the corpus delicti in this
case was sufficiently established with the presentation of the specimen HBG-1 in court and Chemistry
Report No. D-959-05 which clearly states that the contents were shabu.

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Christine Lily Angely T.

PEOPLE OF THE PHILIPPINES,

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