People Vs Uy

SUPREME COURT REPORTS ANNOTATED VOLUME 327 02/05/2018, 12)56 PM
VOL. 327, MARCH 7, 2000 335

People vs. Uy
*
G.R. No. 128046. March 7, 2000.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.

RAMON CHUA UY, accused-appellant.
Criminal Law; Dangerous Drugs Act; Buy-Bust Operations;

Words and Phrases; A buy-bust operation is a form of entrapment
whereby ways and means are resorted for the purpose of trapping
and capturing lawbreakers in the execution of their criminal plan.·
A buy-bust operation is a form of entrapment whereby ways and
means are resorted for the purpose of trapping and capturing law-
breakers in the execution of their criminal plan; it is a procedure or
operation sanctioned by law and which has consistently proved
itself to be an effective method of apprehending drug peddlers, and
unless there is a clear and convincing evidence that the members of
the buy-bust team were inspired by any improper motive or were
not properly performing their duty, their testimony on the operation
deserved full faith and credit. As has been repeatedly held, credence
shall be given to the narration of the incident by the prosecution
witnesses, especially when they are police officers who are
presumed to have performed their duties in a regular manner,
unless there be evidence to the contrary; moreover in the absence of
proof of motive to falsely impute such a serious crime against
appellant, the presumption of regularity in the performance of
official duty, as well as the findings of the trial court on the
credibility of witnesses, shall prevail over appellantÊs self-serving
and uncorroborated claim of having been framed.
Same; Same; Same; Frame-Up; Presumption of Regularity;
Although there are instances when the law enforcers resort to the
practice of planting evidence to extract information or even to harass
civilians, still the defense of frame-up in drug cases requires strong
http://central.com.ph/sfsreader/session/000001631f30c2890cc82180003600fb002c009e/p/AQM130/?username=Guest Page 1 of 29
and convincing evidence because of the presumption that the law

enforcement agencies acted in the regular performance of their
official duties.·We, of course, are aware that in some instances law
enforcers resort to the practice of planting evidence to extract
information or even to harass civilians. But the defense of frame-up
in drug cases requires strong and convincing evidence because of
the presumption that the law enforcement agencies acted in the
regular performance
________________
* FIRST DIVISION.
336
336 SUPREME COURT REPORTS ANNOTATED
People vs. Uy
of their official duties. Moreover, the defense of denial or frame-up,

like alibi, has been viewed by the court with disfavor for it can just
as easily be concocted and is a common and standard defense ploy
in most prosecutions for violation of the Dangerous Drugs Act.
Same; Same; Same; The price of P1,000 per gram of shabu paid
by the „poseur-buyer‰ cannot be considered „so exorbitant‰ as to
render the account of the buy-bust improbable.·The price of P1,000
per gram of shabu paid by the „poseur-buyer‰ Nepomuceno to
RAMON cannot be considered „so exorbitant‰ as to render the
account of the buy-bust improbable. In fact, in a buy-bust operation
conducted by the policemen in Sampaloc, Manila on 5 July 1995, or
more than a month earlier, P500 only fetched 0.395 gram of shabu,
which meant that the selling price then was already more than
P1,000 for a full gram of shabu.
Same; Same; Witnesses; Informers are almost always never
presented in court because of the need to preserve their invaluable
service to the police.·The failure to present the informer did not
diminish the integrity of the testimony of the witnesses for the
prosecution. Informers are almost always never presented in court
because of the need to preserve their invaluable service to the
police. Their testimony or identity may be dispensed with since his

or her narration would be merely corroborative, as in this case,
when the poseur-buyer himself testified on the sale of the illegal
drug.
Same; Same; Same; An affirmative testimony is far stronger
than a negative testimony, especially when it comes from the mouth
of a credible witness.·As against the positive testimonies of the
prosecution witnesses that they caught RAMON in a buy-bust
operation, supported by other evidence such as the packets of shabu
sold by and seized from him, RAMONÊs negative testimony must
necessarily fail. An affirmative testimony is far stronger than a
negative testimony, especially when it comes from the mouth of
credible witness.
Same; Warrantless Arrests; Where the accused was caught in
flagrante selling shabu, his warrantless arrest and the seizure of his
attache case containing more shabu was also valid and lawful.
·Since RAMON was caught in flagrante selling shabu, the trial
court correctly ruled that his warrantless arrest and the seizure of
his attache case containing more shabu was also valid and lawful.
Be-
337
VOL. 327, MARCH 7, 2000 337
People vs. Uy
sides, RAMON never raised, on constitutional grounds, the issue of

inadmissibility of the evidence thus obtained.
Same; Evidence; Pleadings and Practice; Where the accused and

his counsel merely agreed to the marking of the exhibits, thereby
dispensing with the testimony of the Forensic Chemist, the same may
not be considered an admission of the findings of said witness on the
contents of the plastic bag.·It may at once be noted that neither
RAMON nor his counsel made express admission that the contents
of the plastic bags to „be marked‰ as Exhibits „D,‰ „D-l,‰ „D-2,‰ „D-
3,‰ „D-4,‰ and „E‰ contain methamphetamine hydrochloride. That
RAMON agreed to dispense with the testimony of Forensic Chemist
Bravo may not be considered an admission of the findings of Bravo
on the contents of the plastic bag. Strictly, from the tenor of the
aforequoted portion of the Joint Order, it is clear that RAMON and

his counsel merely agreed to the marking of the exhibits, and the
clause „thereby dispensing with the testimony of forensic Chemist
Loreto E. Bravo‰ must be understood in that context.
Criminal Procedure; Pre-Trial Orders; In order to bind the
accused, the pre-trial order must be signed not only by him but his
counsel as well.·Even granting for the sake of argument that
RAMON admitted during the pre-trial that Exhibits „D‰ to „D-4,‰
inclusive, and Exhibit „E‰ contained methamphetamine
hydrochloride, the admission cannot be used in evidence against
him because the Joint Order was not signed by RAMON and his
counsel. Section 4 of Rule 118 of the Rules of Court expressly
provides: SEC. 40. Pre-trial agreements must be signed. No
Âagreement or admission made or entered during the pre-trial
conference shall be used in evidence against the accused unless
reduced to writing and signed by the accused and his counsel. Put
in another way, to bind the accused the pre-trial order must be
signed not only by him but his counsel as well. The purpose of this
requirement is to further safeguard the rights of the accused
against improvident or unauthorized agreements or admissions
which his counsel may have entered into without his knowledge, as
he may have waived his presence at the pre-trial conference; and
eliminate any doubt on the conformity of the accused to the facts
agreed upon.
Appeals; Evidence; Pleadings and Practice; Objection to
evidence cannot be raised for the first time on appeal; When a party
desires the court to reject the evidence offered, he must so state in the
338
People vs. Uy
form of objection.·In addition to the foregoing admission by

RAMON of the prosecutionÊs exhibits, he likewise never raised in
issue before the trial court the non-presentation of Forensic
Chemist Bravo. RAMON cannot now raise it for the first time on
appeal. Objection to evidence cannot be raised for the first time on
appeal; when a party desires the court to reject the evidence offered,
he must so state in the form of objection. Without such objection he

cannot raise the question for the first time on appeal. The familiar
rule in this jurisdiction is that the inadmissibility of certain
documents upon the ground of hearsay if not urged before the court
below cannot, for the first time, be raised on appeal. In U.S. v. Choa
Tong where the defense counsel did not object to the form or
substance of a laboratory report that the specimen submitted was
opium, the Court ruled that „[t]he objection should have been made
at the time the said analysis was presented.‰
Evidence; Presumption of Regularity; Presumption of
Regularity; An NBI Forensic Chemist is a public officer, and his
report carries the presumption of regularity in the performance of his
function and duty.·As to the reports of Forensic Chemist Bravo, it
must be stressed that as an NBI Forensic Chemist, Bravo is a
public officer, and his report carries the presumption of regularity
in the performance of his function and duty. Besides, by virtue of
Section 44, Rule 130, entries in official records made in the
performance of office duty, as in the case of the reports of Bravo, are
prima facie evidence of the facts therein stated. We are also aware
that „the test conducted for the presence of ÂshabuÊ (infrared test) is
a relatively simple test which can be performed by an average or
regular chemistry graduate‰ and where „there is no evidence. . . to
show that the positive results for the presence of methamphetamine
hydrochloride (ÂshabuÊ) are erroneous . . . coupled with the
undisputed presumption that official duty has been regularly
performed, said results‰ may „adequately establish‰ that the
specimens submitted were indeed shabu.
Criminal Law; Dangerous Drugs Act; What is material in a
prosecution for illegal sale of prohibited drugs is the proof that the
transaction or sale actually took place, coupled with the presentation
in court of the corpus delicti.·In sum, in Criminal Case No. 16199-
MN we are convinced that the prosecutionÊs evidence more than
proved beyond reasonable doubt all the elements necessary in every
prosecution for the illegal sale of shabu, to wit: (1) identity of the
339
VOL. 327, MARCH 7, 2000 339
People vs. Uy
buyer and the seller, the object, and consideration; and (2) the
delivery of the thing sold and the payment therefor. The delivery of
the contraband to the poseur-buyer and the receipt of the marked
money successfully consummated the „buy-bust‰ transaction
between the entrapping officers and the accused. What is material
in a prosecution for illegal sale of prohibited drugs is the proof that
the transaction or sale actually took place, coupled with the
presentation in court of the corpus delicti.
APPEAL from a decision of the Regional Trial Court of

Malabon, Metro Manila, Br. 170.
The facts are stated in the opinion of the Court.

The Solicitor General for plaintiff-appellee.
Public AttorneyÊs Office for accused-appellant.
DAVIDE, JR., C.J.:
Ramon 1Chua Uy (hereafter RAMON) appeals from the

decision of the Regional Trial Court of Malabon, Branch
170, Metro Manila, in Criminal Cases No. 16199-MN and
No. 16200-MN, which decreed him guilty of violating 2
Sections 15 and 16 of Article III, R.A. No. 6425, as
amended, for the illegal sale of 5.8564 grams of
methamphetamine hydrochloride or „shabu,‰ and
possession of 401 grams of the same drug, respectively.
RAMON was arrested in the evening of 11 September
1995 by the elements of the Anti-Narcotics Unit of the
Philippine National Police in Malabon,
3
Metro-Manila, in
the course of a buy-bust operation and a follow-up search
of his residence,
________________
1 Per Judge Benjamin J. Antonio; Original Record (OR), Criminal Case

No. 16199-MN, 305-315; Rollo, 47-57. All references to the record pertain
to the said case, unless indicated otherwise.
2 The Dangerous Drugs Act of 1972.
3 Affidavit of SPO1 Alberto G. Nepomuceno, Jr., and Joint Affidavit of
Arrest of SPO4 Eddie S. Regalado, PO3 Federico Ortiz and PO1 Joel E.
Borda. OR, 3-5.
340

People vs. Uy
and was subsequently charged in three cases, namely,

Criminal Case No. 16199-MN, Criminal Case No. 16200-
MN and Criminal Case No. 16201-MN. 4
The accusatory portion of the Information in Criminal
Case No. 16199-MN alleges:
That on or about the 11th day of September 1995 in the

Municipality of Malabon, Metro-Manila, Philippines and within the
jurisdiction of this Honorable Court, the above-named accused
being a private person and without authority of law, did then and
there willfully, unlawfully and feloniously sell and deliver for and in
consideration of the amount of P5,000.00 to SPO1 Alberto
Nepomuceno, Jr. who acted as poseur buyer white crystalline
substance contained in a sealed plastic bag with markings with net
weight of 5.8564 grams which substance when subjected to
chemistry examination gave positive results for Methamphetamine
Hydrochloride otherwise known as „Shabu‰ which is a regulated
drug.
CONTRARY TO LAW.
5
The accusatory portion of the Information in Criminal
Case No. 16200-MN charges:
That on or about the 11th day of September 1995 in the

Municipality of Malabon, Metro-Manila, Philippines and within the
jurisdiction of this Honorable Court, the above-named accused
being a private person and without authority of law, did then and
there willfully, unlawfully and feloniously have in his possession,
custody and control white crystalline substance separately
contained in five (5) sealed plastic bags all with markings with total
net weight 401 grams which substance when subjected to chemistry
examination gave positive results for Methamphetamine
Hydrochloride otherwise known as ÂshabuÊ which is a regulated
drug.
CONTRARY TO LAW.
In Criminal Case No. 16201-MN, RAMON was charged

with the illegal possession of „traces‰ of shabu found on
three
________________
4 OR, 1-2.
5 Id., Criminal Case No. 16200-MN, 1-2.
341
VOL. 327, MARCH 7, 2000 341

People vs. Uy
(3) plastic scoops and other drug paraphernalia which were

seized from his supposed residence in a follow-up search.
No bail was recommended. When 6
arraigned, RAMON
pleaded not guilty in each case. During the pre-trial, the
parties agreed on a joint trial and to dispense 7
with the
testimony of Forensic Chemist Loreto F. Bravo. They also
agreed on the marking of the exhibits for the prosecution.
At the trial, the prosecution presented as witnesses
SPO1 Alberto G. Nepomuceno, Jr., who acted as the poseur-
buyer, and SPO4 Eddie Regalado, another member of the
buy-bust team, as rebuttal witness. The defense presented
RAMON and Maritess Puno.
The trial court summarized the prosecutionÊs evidence,
thus:
The evidence on record shows that at around 5:00 of Âclock in the

afternoon of September 11, 1995, a female confidential informant
personally informed the members of the Anti-Narcotics Unit of the
Malabon Police Station, which was then holding office at Barangay
Concepcion, Malabon, Metro-Manila, that accused Ramon Chua Uy
„alias Chekwa‰ had asked her to look for a buyer of shabu at a price
of P1,000.00 per gram. Acting on the given information, the
members of the unit subsequently planned a buy-bust operation
against the accused.
SPO4 Eddie Regalado instructed the confidential informant to
consum[m]ate a deal with the accused by telling him that a
prospective buyer is willing to purchase five (5) grams of the illicit
drug to be delivered in front of the Justice Hall of Malabon located
along Sanciangco Street, Barangay Catmon. At 6:30 p.m., the
confidential informant called up and informed the police officers
that accused Chua Uy already agreed on the transaction as well as
to the place of delivery. P/Insp. Ricardo Aquino, Chief of the
Narcotics Unit, at once formed the buy-bust team composed of

SPO4 Federico Ortiz and PO1 Joel Borda. After securing five (5)
P1,000.00-peso bills to be used in the operation from P/Inp. Aquino,
SPO4 Regalado have (sic) them photocopied, after which, [he]
affixed his signatures (sic) on
________________
6 OR, 21.
7 Joint Order of 21 November 1995, 1; OR, 21-22.
342

People vs. Uy
each of the xerox copies although the serial number of the bills were
previously recorded.
The group then proceeded to Barangay Catmon at about 7:00
p.m., with SPOl Nepomuceno designated to act as the poseur buyer.
When they reached the place, SPOl Nepomuceno first went to a
store near the tennis court while the rest of the team positioned
themselves in strategic locations. At 8:20 of the same evening, SPOl
Nepomuceno saw a white Toyota car came to a stop. Their
confidential informant immediately stepped out of the car and
approached SPOl Nepomuceno and ordered him to board the
vehicle. Once inside, SPOl Nepomuceno caught sight of the driver
and the other male companion of accused Chua Uy through the
back seat where he and the accused together with the confidential
informant were seated. After a few minutes conversation, accused
Chua Uy opened up his brown attaché case and ensuingly handed
over to SPOl Nepomuceno five (5) grams of ÂshabuÊ placed in a
transparent plastic packet. In exchange for the substance, SPOl
Nepomuceno delivered the five (5) P1,000-peso bills which accused
Chua Uy put in his right front pocket. SPOl Nepomuceno then
simply opened the rear right door of the car and lighted a cigarette
as pre-arranged signal. SPO4 Regalado and PO3 Ortiz consequently
closed in on the vehicle. Thereupon, SPOl Nepomuceno introduced
himself and informed the accused of his constitutional rights before
placing him under arrest. He later turned over to SPOl Regalado
the five (5) grams of ÂshabuÊ (Exh. „E‰·Crim. Case No. 16199-MN).
Thereafter, SPO4 Regalado and PO3 Ortiz seized the brown attaché
case from accused Chua Uy which yielded five (5) more plastic
packets of „shabu,‰ (Exhs. „D‰ to „D-4‰·Crim. Case No. 16200-MN),
along with several drug paraphernalia. SPO4 Regalado likewise
recovered the buy-bust money from the accused after the
consumated (sic) transaction, (Exhs. „K‰ to „K-4‰). The one packet of
suspected „shabu‰ which was the subject of the sale including the
five (5) packets of the same substance, taken from the brown
attaché case, bearing the respective initials of SPO4 Regalado and
SPOl Nepomuceno were brought to the NBI Forensic Division.
Laboratory examination of the pieces of evidence shows positive
result for methamphetamine hydrochloride, a regulated drug (Exh.
„C‰).
The team brought accused Chua Uy to their office where he was
referred to SPO2 Vicente Mandac for proper investigation. In the
course thereof, it was learned that there were still undetermined
quantity of shabu left at the residence of the accused at No. 402
Gen. Vicente St., San Rafael Village, Navotas, Metro Manila.
Forthwith,
343
VOL. 327, MARCH 7, 2000 343

People vs. Uy
SPO4 Regalado applied on the following day for a search warrant

before this Court to lawfully search the said premises of the accused
for methamphetamine hydrochloride (Exh. „I‰). During the search
and in the presence of Bgy. Kagawad George So and Rodolfo
Salvador including Maritess Puno, the alleged owner of the house
and live-in partner of accused Chua Uy, the team was able to
confiscate assorted articles intended for the repacking of the
regulated drug (Exh. „1-1‰). SPO1 Nepomuceno identified them as
follows: one (1) white plastic scoop; one (1) blue plastic scoop; one (1)
tangerine plastic scoop; one (1) Selecta ice cream cup; and one (1)
white plastic container (Exhs. „G,‰ „G-1,‰ „G-2,‰ „H and „H-1‰). All
the items were marked by SPO1 Nepomuceno with his initials
„AGN.‰ Along with the aforesaid articles were three (3) pieces of
plastic scoops and two (2) plastic glasses (sic) with traces of „shabu.‰
Laboratory examination made on them gave positive result for the
presence of methamphetamine hydrochloride, a regulated drug
(Exhibit „F‰·Crim. Case No. 16200-MN). These antecedent facts
which lead to the filing of the present cases against accused Chua
Uy are embodied in the sworn affidavit of SPO1 Nepomuceno

marked and offered in evidence as Exh. „J.‰
SPO4 Eddie Regalado corroborated the testimony of SPO
Nepomuceno, claiming that he was positioned fifteen (15) to twenty
(20) meters away when he saw SPOl Nepomuceno entered the white
Toyota car at the time of the operation. He further went to say that
a caliber 9mm pistol was also recovered from accused Chua Uy but
considering that up to now they have not received any certification
from the Firearms and Explosives Unit, showing whether accused is
authorized to carry firearm, no case has yet been filed against the
latter. Further, SPO4 Regalado said that accused Chua Uy has
8
admitted to him that he is just a neophyte in the illegal trade.
RAMONÊS version of the incident is also faithfully summarized
by the trial court, thus:
Accused Chua Uy claimed his innocence by insisting that the
quantity of the illicit drug allegedly seized from him were merely
„planted‰ by the police officers.
He stated that he has been in the business of manufacturing t-
shirts and selling them in different places for almost fifteen (15)
________________
8 Joint Decision, 2-5; OR, 306-309; Rollo, 48-51.
344

People vs. Uy
years already. That on the date of the incident at issue, it took him
up to 7:30 to 8:30 in the evening to return home because he had
made deliveries and had collected a bigger amount of money. On
board his L300 delivery van together with his driver and while they
were about to enter the house, he saw a white Toyota Corolla car
parked in front of the gate. A man, whom he identified as a certain
Arnold, alighted from the car and approached them. Arnold was
offering the said car for sale to him at a cheaper price but he
declined the offer inasmuch as he already owns a van. Due to the
persistence of Arnold, he agreed to test drive the vehicle bringing
along with him his attache case containing the dayÊs collection. With
Arnold on the wheel, they traversed the interior alley of Dela Cruz
then came out at M.H. del Pilar and proceeded to J. Alex Compound
before turning to Gov. Pascual Ave., on their way back to his house.
At the junction of Justice Hall Street and Gov. Pascual Ave.,
somebody blocked their car. Arnold lowered his side window and
inquired what was it all about. Although he did not quite
understand the conversation, he overheard that it was a „police
bakal.‰ When Arnold informed him that they will have to go along
with the man to the police headquarters, two other men boarded
their car while an owner jeep followed them from behind.
Reaching the headquarters, Arnold and the two men went inside
while he was left behind inside the car. Soon after, one of the two
returned to him and insisted in getting his attache case. He refused
at first to surrender the same but had to give up on account of the
persistence exerted on him. Ten minutes later, a man ordered him
to go inside the headquarters and likewise asked him why there
was „shabu‰ in his attache case. He denied owning the „shabu‰ and
tried to look for Arnold who was no longer around. He even inquired
how his attache case was opened considering that the key was still
with him. Finally, he was dragged inside the headquarters where he
saw his attache case already thrown wide. He again reiterated his
earlier query and tried to look for his money but instead he was
informed about the „shabu‰ found inside his attache case which he,
nonetheless, denied ownership. The man who earlier stopped them
and those inside the headquarters, who were forcing him to admit
ownership of the „shabu‰ told him that they were policemen.
Furthermore, he recalls that aside from some documents, list of
collections, checks, check booklets and 9 mm pistol, his attache case
contained P132,000.00 which he was able to collect from different
persons. Only a bundle consisting of P20.00 peso bills was left while
the
345
VOL. 327, MARCH 7, 2000 345

People vs. Uy
rest of his money comprising of bundles of P10, P20, P100, P500

9
and P1,000 peso bills were already missing.
Maritess Puno, the other defense witness, testified on the

events which transpired during the follow-up search by the
police of RAMONÊS suspected house at No. 402 Gen.
Vicente Street, San Rafael Village, Navotas, and on the fact
10
that she knew RAMON.
On rebuttal, SPO4 Regalado reiterated that the five (5)
transparent plastic bags of „shabu‰ were indeed found
inside RAMONÊS confiscated attache case and that they
recovered therefrom only P20-peso bills amounting 11
to
P2,200 and not P1,000-peso
12
bills as RAMON claims.
In its decision, dated 10 December 1996, the trial court
found credible the testimonies of the witnesses for the
prosecution and its evidence to have established beyond
reasonable doubt the culpability of RAMON in Criminal
Cases Nos. 16199-MN and 16200-MN. It acquitted him in
Criminal Case No. 16201-MN. It then decreed:
WHEREFORE, in view of the foregoing, judgment is hereby

rendered as follows:
1. In Criminal Case No. 16199-MN, the Court finds accused

RAMON CHUA UY guilty beyond reasonable doubt of
[v]iolation of Section 15, Article III of Republic Act No. 6425,
amended by Republic Act No. 7659, and hereby sentences
him to suffer an indeterminate penalty of six (6) months of
arresto mayor, as minimum, to four (4) years and two (2)
months of prision correctional as maximum plus the cost of
the suit;
2. In Criminal Case No. 16200-MN, [t]he Court finds accused
RAMON CHUA UY guilty beyond reasonable doubt of
[v]iolation of Section 16, Article III of Republic Act No. 6425,
as amended by Republic Act 7659, and considering that the
quantity of methamphetamine hydrochloride is more than
200
________________
9 Joint Decision, 5-6; OR, 309-310; Rollo, 51-52.

10 TSN, 19 September 1996, 3-10; OR, 291-298.
11 TSN, 22 October 1996, 2-5; OR, 300-303.
12 Supra note 1.
346

People vs. Uy
grams, there being no mitigating or aggravating

circumstance, hereby sentences him to suffer imprisonment
of reclusion perpetua and to pay a fine of Five Hundred
Thousand Pesos (P500,000.00), plus the cost of the suit; and
3. In Criminal Case No. 16201-MN, accused RAMON CHUA
UY is hereby ACQUITTED for lack of sufficient evidence.
The trial court gave credence to the prosecutionÊs story of a

legitimate buy-bust operation; declared that poseur-buyer
SPO1 Nepomuceno creditably testified as to how the sale
took place inside the white Toyota car of RAMON and that
his testimony „was amply corroborated‰ by SPO4 Regalado.
It held that RAMONÊS entrapment and arrest were not
effected in a haphazard way with the police undertaking
„the rigors of planning‰ the buy-bust operation. The
presumption that they regularly performed their duty was
not rebutted by proof of any ulterior motive. It concluded
that the prosecution has proved with certainty all the
elements necessary for the crime of illegal sale of
methamphetamine hydrochloride, and since RAMON was
caught in flagrante delicto selling a regulated drug, his
warrantless arrest was valid and the seizure of five (5)
more packets of shabu weighing 401 grams (Exhibits „D‰ to
„D-4‰) from the confiscated attache case of RAMON was
justified and legal in light of the prevailing rule that an
officer making an arrest may take from the person arrested
any property found upon his person in order to find and
seize things connected with the crime. The trial court also
cited the confirmation by the NBFs Forensic Division
Chemist, Loreto F. Bravo, that the packets of shabu bought
and seized from RAMON, was tested positive for
methamphetamine hydrochloride, a regulated drug
(Exhibit „C‰).
The trial court was not convinced of RAMONÊS claim of
innocence and frame up. It doubted his tale that when
arrested, he was just test-driving the car of a certain
Arnold, and that he was carrying P132,000 in various
denominations inside his attache case which the police did
not account for. It also dismissed as trivialities RAMONÊS
attack on the existence and preparation of the buy-bust
money and lack of prior surveil-
347
VOL. 327, MARCH 7, 2000 347

People vs. Uy
lance, since a police report listing the names of the donors

of the money used by the police to finance its anti-drug
operation, the marking of the buy-bust money itself, and
prior surveillance are not indispensable to the conduct of a
buy-bust operation, as long as the sale of the dangerous
drugs is adequately proven.
Unsatisfied, RAMON appealed from the decision. In
view of the penalty of reclusion perpetua imposed in
Criminal Case No. 16200-MN, the appeal is now before us.
In his AppellantÊs Brief, RAMON submits that the trial
court erred (1) in giving credence to the testimony of the
prosecution witnesses and in disregarding the evidence for
the defense; and (2) in finding him guilty beyond
reasonable doubt of the crimes of drug pushing and drug
possession. He assails the credibility of the testimony of the
prosecution witnesses on the buy-bust operation,
contending that13 the price of P1,000 for a gram of shabu is
„so exorbitant‰ as to be in credible and claims that the
police officers only made it to appear that the price was
exactly P1,000 per gram because there were P1,000-peso
bills among the P132,000 which they got from his attache
case. He insists that he is a legitimate garments
businessman who need not resort to selling illicit drugs to
make money; in fact, he was carrying his dayÊs collection
amounting to P132,000 when accosted by the police in the
evening of 11 September 1995. Thus, the female
confidential agent/police informer should have testified in
court to prove her claims against him.
Finally RAMON submits that without the testimony of
NBI Forensic Chemist, the prosecutionÊs case „falls to
pieces.‰ BravoÊs testimony cannot be waived since only he
could say whether the substance allegedly seized is indeed
shabu, and also determine its actual weight upon which
depends the penalty to be imposed. Thus, whatever he said
in his report is hearsay and hearsay evidence, whether
objected to or not, has
________________
13 Citing the cases of People v. Tranca, 235 SCRA 455 [1994], and
People v. Ong, 245 SCRA 733 [1995], where the price of shabu was only
P100 for 1.1 grams, and P650 for one kilo, respectively.
348

People vs. Uy
no probative value. He insists that at the pretrial he did

not waive the testimony of the chemist but only „stipulated
on the markings of the prosecutionÊs evidence.‰
In the AppelleeÊs Brief, the Office of the Solicitor
General (OSG), urges us to affirm RAMONÊS conviction. It
agrees with the trial courtÊs assessment of the credibility of
the witnesses for the prosecution. The price of shabu at
P1,000 per gram is not incredible. It was the price quoted
by the informant, prompting the buy-bust team to prepare
five (5) P1,000-peso bills which they actually paid to 14
RAMON but later recovered. The Tranca and Ong cases
cited by RAMON cannot be relied upon because the price of
shabu or any illegal drugs for that matter is determined by
the law of supply and demand, not by law or jurisprudence.
Besides, the amount of shabu sold to the poseur buyer in
Tranca for P100 was only 0.06 gram; while in Ong, the
price of P650 per kilo of shabu involved transactions done
way back in March, 1993. It is then neither impossible nor
improbable for the street price of shabu to reach P1,000 per
gram in 1995 when the illegal sale was committed in this
case since the price of illegal drugs are not fixed, but
determined by its availability on the street and the demand
of users. Secondly, RAMONÊS avowal that he is a legitimate
garments businessman who need not earn money the
illegal way is purely self-serving, since the members of the
Malabon Police Anti-Narcotics Unit caught him in the act
of selling shabu to a member of the buy-bust team and
further carried 401 grams more of shabu inside his attache
case. Finally, the police informer need not be presented to
establish the buy-bust since it was not she but the police
who caught RAMON in the act of selling and possession of
shabu. Her presentation is neither essential nor

indispensable for RAMONÊS conviction, since her
15
testimony
would be merely corroborative and cumulative.
On the non-presentation of Loreto Bravo, the NBI
forensic chemist, the OSG argues that BravoÊs finding that
the drugs
________________
14 Supra note 13.

15 Citing People v. Ballagan, 247 SCRA 535 [1995].
349
VOL. 327, MARCH 7, 2000 349

People vs. Uy
seized from RAMON were indeed the regulated

methampethamine hydrochloride or shabu, is not hearsay.
Bravo did not testify anymore because the parties agreed
during the pre-trial to dispense with his testimony.
RAMON never objected to the order. Neither did he move
to reconsider it. The facts thus stipulated
16
and incorporated
in the pre-trial order bound him. Moreover, at the trial
RAMON never raised the question of the non-presentation
of the forensic chemist; what his counsel objected to was
with respect to the presentation and identification of the
shabu wherein defense objected to the irregular act of
showing the confiscated drug
17
to SPO1 Nepomuceno without
laying the basis therefor. The defense counsel did not also
object to the direct examination of SPO4 Regalado
concerning the whereabouts and identification of the
subject shabu.
We find no merit in this appeal.
A buy-bust operation is a form of entrapment whereby
ways and means are resorted for the purpose of trapping
and capturing lawbreakers in the execution of their
criminal plan; it is a procedure or operation sanctioned by
law and which has consistently proved itself to be an
effective method of apprehending drug peddlers, and unless
there is a clear and convincing evidence that the members
of the buy-bust team were inspired by any improper motive
or were not properly performing their duty, their testimony

18
on the operation deserved full faith and credit. As has
been repeatedly held, credence shall be given to the
narration of the incident by the prosecution witnesses,
especially when they are police officers who are presumed
to have performed their duties in a regular manner, unless
there be evidence to the contrary; moreover in the absence
of proof of motive to falsely impute such a serious crime
against appellant, the presumption of regularity in the
performance of official duty, as well as the findings of the
trial
_________________
16 People v. Abelita, 210 SCRA 497, 501-502 [1992].

17 TSN, 14 March 1993, 7-8, 12.
18 People v. Gaco, 222 SCRA 49 [1993]; People v. Garcia, 235 SCRA 371
[1994].
350

People vs. Uy
court on the credibility of witnesses, shall prevail over

appellantÊs self-serving
19
and uncorroborated claim of having
been framed.
We, of course, are aware that in some instances law
enforcers resort to the practice of planting evidence
20
to
extract information or even to harass civilians. But the
defense of frame-up in drug cases requires strong and
convincing evidence because of the presumption that the
law enforcement agencies 21
acted in the regular performance
of their official duties. Moreover, the defense of denial or
frame-up, like alibi, has been viewed by the court with
disfavor for it can just as easily be concocted and is a
common and standard defense ploy in 22 most prosecutions
for violation of the Dangerous Drugs Act.
In the cases at bar, our review of the testimonies of the
prosecution witnesses yields no basis to overturn the trial
courtÊs findings on their credibility. As correctly noted by
the trial court, there is no evidence of any improper motive
on the part of the police officers who conducted the buy-

bust operation. RAMON has not even tried to suggest any
ulterior motive.
We are convinced that in the evening of 11 September
1995, an honest-to-goodness entrapment operation against
RAMON was conducted by the team composed of the local
Anti-Narcotics UnitÊs Chief himself, Police Inspector
Ricardo Aquino, OIC, SPO4 Eddie Regalado, PO Alberto G.23
Nepomuceno, PO3 Federico Ortiz and PO1 Joel Borda.
Nepomuceno, the poseur-buyer had not seen RAMON
before,
________________
19 People v. Alhambra, 233 SCRA 604 [1994].

20 People v. Pagaura, 267 SCRA 17 [1997]; People v. Bagus, 277 SCRA
157, 172 [1997].
21 People v. Dichoso, 223 SCRA 174 [1993]; People v. Constantino, 235
SCRA 384 [1994]; People v. Tranca, 235 SCRA 455 [1994].
22 People v. Lacabanes, 270 SCRA 193 [1997]; People v. Alegro, 275
SCRA 216 [1997]; Manalili v. Court of Appeals [1997]; People v. Enriquez,
281 SCRA 103 [1997].
23 TSN, 14 March 1996, 6.
351
VOL. 327, MARCH 7, 2000 351

People vs. Uy
although he had previous background information about

RAMON.24 Nepomuceno conducted surveillance on
RAMON.
The price of P1,000 per gram of shabu paid by the
„poseurbuyer‰ Nepomuceno to RAMON cannot be
considered „so exorbitant‰ as to render the account of the
buy-bust improbable. In fact, in a buy-bust operation
conducted by the policemen in Sampaloc, Manila on 5 July
1995, or more than 25a month earlier, P500 only fetched
0.395 gram of shabu, which meant that the selling price
then was already more than P1,000 for a full gram of
shabu.
As to the buy-bust money, Nepomuceno categorically
stated that after receiving the information from their

informant, Police Inspector Ricardo Aquino, Chief of the
Anti-Narcotic Unit, formed a team to conduct a buy-bust
operation „and prepared marked money worth P5,000 in
P1,000 denomination and instructed [him] to act as poseur
buyer in the operation.‰ They photocopied (xeroxed) them
and „got the serial numbers.‰ After the operation,
26
they
submitted them to the prosecutorÊs office. Nepomuceno 27
underwent grueling cross-examination by defense counsel
but he never wavered on his testimony on the conduct of
the buy-bust operation. On cross-examination,
Nepomuceno revealed that the source 28
of their buy-bust
money is Mayor Amado S. Vicencio.
The failure to present the informer did not diminish the
integrity of the testimony of the witnesses for the
prosecution. Informers are almost always never presented
in court because of the
29
need to preserve their invaluable
service to the police. Their testimony or identity may be
dispensed with since his or her narration would be merely
corroborative, as in this case,
________________
24 Id., 5-6.
25 People v. Juatan, 260 SCRA 532, 534-535 [1996].
26 TSN, 14 March 1996, 4-5, 6.
27 TSN, 18 April 1996, 3-17; OR, 206-220; 16 May 1996, 2-20; OR, 222-
241.
28 TSN, 18 April 1996, 7-8; 16 May 1996, 210-211.
29 People v. Marcelo, 223 SCRA 24 [1993].
352

People vs. Uy
when the poseur-buyer

30
himself testified on the sale of the
illegal drug.
On the other hand, RAMON only offered an
unsubstantiated tale of frame-up. He did not even present
his own driver named „Lolong‰ to corroborate his tale.
As against the positive testimonies of the prosecution
witnesses that they caught RAMON in a buy-bust

operation, supported by other evidence such as the packets
of shabu sold by and seized from him, RAMONÊS negative
testimony must necessarily fail. An affirmative testimony
is far stronger than a negative testimony, especially
31
when
it comes from the mouth of credible witness.
Since RAMON was caught in flagrante selling shabu,
the trial court correctly ruled that his warrantless arrest
and the seizure of his attache
32
case containing more shabu
was also valid and lawful. Besides, RAMON never raised,
on constitutional grounds, the issue of inadmissibility of
the evidence thus obtained.
We now address RAMONÊS contention that since the
NBI Forensic Chemist did not testify, his findings that the
specimens submitted to him were indeed shabu and
weighed so much, are hearsay and leave the evidence of the
prosecution insufficient to convict. RAMONÊs premise is
that at the pre-trial he did not waive the Forensic
ChemistÊs testimony but only „stipulated on the markings
of the prosecutionÊs evidence.‰ Indeed, the records disclose
that during the pre-trial, conducted immediately after the
arraignment on 21 November 1995, RAMON, duly 33
represented by counsel de parte Atty. Gerardo Alberto,
and the prosecution stipulated on the markings of the
prosecutionÊs exhibits, and agreed to dispense with the
testimony of Forensic Chemist Loreto F. Bravo. Thereafter
the trial court issued a Joint Order, which embodies its
ruling granting the motion of the trial prosecutor for
________________
30 People v. Tranca, 235 SCRA 455 [1994].

31 People v. Ramirez, 266 SCRA 335 [1997].
32 People v. Sibug, 229 SCRA 489 [1994].
33 OR, 15.
353
VOL. 327, MARCH 7, 2000 353

People vs. Uy
the joint trial of the two cases and the withdrawal of the
motion for reinvestigation by RAMONÊS counsel; RAMONÊS

plea of not guilty in each case; and the proceedings at the
pre-trial. As to the latter, the Joint Order states:
During the pre-trial, prosecution and defense agreed to stipulate on

the markings of the following prosecutionÊs exhibits, thereby
dispensing with the testimony of Forensic chemist Loreto E. Bravo,
to wit:
Exhibit „A‰· Letter request;

Exhibit „B‰· Preliminary report;
Exhibit „B- Signature of forensic Chemist;
1‰·
Exhibit „C‰· Final Report for Chemical cases Nos.
16199
and 16200;
Exhibit „C- Signature of Forensic Chemist in said Re-
1‰· port;
The five (5) plastic bags with markings containing

metham-phetamine hydrochloride with a total weight of
401 grams will be marked as follows:
Exhibit „D‰· Plastic bag with letter A;

Exhibit „D- Plastic bag with letter B;
1‰·
Exhibit „D- Plastic bag with letter C;
2‰·
Exhibit „D- Plastic bag with letter D;
3‰·
Exhibit „D- Plastic bag with letter E;
4‰·
Exhibit „E‰· One (1) plastic sachet with methamphe-
tamine hydrochloride with a total weight
of
5.8564 grams;
Exhibit „F‰· Another Final report for Criminal Case
No.
16201;
Exhibit „F- Signature of Chemist in said report;
1‰·
The three (3) pieces of plastic scoop and two (2) plastic
containers with markings containing residue of
methampheta-mine hydrochloride will be marked as
follows:
Exhibit „G‰· Plastic scoop color white;

Exhibit „G-l‰· Plastic scoop color blue;
Exhibit „G-2‰· Plastic scoop color tangerine;
Exhibit „H‰· Selecta ice cream plastic cup;
Exhibit „H-1‰· White plastic container;
354

People vs. Uy
By agreement of the prosecution and defense, set the presentation

of evidence for the prosecution on January 8, 9, 11 and 15, 1996;
whereas evidence for the defense will be on January 18, 22 and 25,
34
1996, all at 1:30 oÊclock in the afternoon.
It may at once be noted that neither RAMON nor his

counsel made express admission that the contents of the
plastic bags to „be marked‰ as Exhibits „D,‰ „D-1,‰ „D-2,‰
„D-3,‰ „D-4,‰ and „E‰ contain methamphetamine
hydrochloride. That RAMON agreed to dispense with the
testimony of Forensic Chemist Bravo may not be
considered an admission of the findings of Bravo on the
contents of the plastic bag. Strictly, from the tenor of the
aforequoted portion of the Joint Order, it is clear that
RAMON and his counsel merely agreed to the marking of
the exhibits, and the clause „thereby dispensing with the
testimony of forensic Chemist Loreto E. Bravo‰ must be
understood in that context.
Even granting for the sake of argument that RAMON
admitted during the pre-trial that Exhibits „D‰ to „D-4,‰
inclusive, and Exhibit „E‰ contained methamphetamine
hydrochloride, the admission cannot be used in evidence
against him because the Joint Order was not signed by

RAMON and his counsel. Section 4 of Rule 118 of the Rules
of Court expressly provides:
SEC. 40. Pre-trial agreements must be signed. No agreement or

admission made or entered during the pre-trial conference shall be
used in evidence against the accused unless reduced to writing and
35
signed by the accused and his counsel.
________________
34 OR, 21-22.
35 Section 3 of R.A. No. 8493, otherwise known as The Speedy Trial
Act of 1998, provides:
Sec. 3. Pre-Trial Agreement.·All agreements or admissions made or entered

into during the pre-trial conference shall be reduced to writing and signed by
the accused and counsel, otherwise the same shall not be used in evidence
against the accused. The agreements in relation to matters referred to in
Section 2 hereof is subject to the approval of the
355
VOL. 327, MARCH 7, 2000 355

People vs. Uy
Put in another way, to bind the accused the pre-trial order

must be signed not only by him but his counsel as well. The
purpose of this requirement is to further safeguard the
rights of the accused against improvident or unauthorized
agreements or admissions which his counsel may have
entered into without his knowledge, as he36
may have waived
his presence at the pre-trial conference; and eliminate any
doubt37on the conformity of the accused to the facts agreed
upon.
Nevertheless, RAMON cannot take advantage of the
absence of his and his counselÊs signatures on the pre-trial
order. When the prosecution formally offered in evidence
what it had marked in evidence during the pre-trial,
RAMON did not object to the admission of BravoÊs
Preliminary Report (Exh. „B‰), Final Report (Exh. „C‰),
another Final Report (Exh. „F‰), and of the plastic bags
(Exhibits „D‰ to „D-4‰ inclusive, and „E‰).

When asked to comment on the exhibits formally
offered, RAMONÊS counsel merely stated:
ATTY. DOMINGO:
No objection to these exhibits Your Honor only insofar as
to form part of the testimony of the witness/es who
testified and identified said exhibits and only insofar or
in accordance with the stipulations the prosecution and
the defense had 38
entered into during the pre-trial stage of
the proceedings.
In its offer of the exhibits, the prosecution explicitly

described what the foregoing exhibits was and the purposes
for which they were offered, thus:
________________
court: Provided, That the agreement on the plea of the accused to

lesser offense may only be revised, modified or annulled by the court
when the same is contrary to law, public morals or public policy.
36 REGALADO, Florenz, D., Remedial Law Compendium, vol. 2 (7th
revised ed.), 423.
37 PAMARAN, Manuel, The 1985 Rules on Criminal Procedure
Annotated, 1998 ed., 391.
38 TSN, 18 July 1996, 4; OR, 267.
356

People vs. Uy
FISCAL ALIPOSA:
We are now offering in evidence the following:
Exhibit „A,‰ is the letter-request;
Exhibit „B,‰ the preliminary report;
Exhibit „B-1,‰ signature of the forensic chemist;
Exhibit „C,‰ final report of Crim. Case Nos. 16199-MN and
16200-MN;
Exhibit „C-1,‰ the signature of forensic chemist;
These exhibits are being offered to establish the fact that after
the apprehension of the accused, the necessary request was
prepared and findings in the preliminary and final reports are both
positive for shabu or methamphetamine hydrochloride.
Exhibits „D,‰ „D-1,‰ „D-2,‰ „D-3,‰ and „D-4,‰ are plastic packs of
shabu found inside the attache case opened while inside the vehicle
of the accused together with the prosecution witness in the course of
the buy-bust operation;
Exhibit „E‰ is the 5.84 grams of shabu which was the subject of
the buy-bust operation;
Exhibit „F‰ and „F-1,‰ final report and signature of the forensic
chemist in Crim. Case No. 16201-MN, showing the specimen
examined to be positive for shabu;
xxx
We likewise offered these exhibits as part of the testimony of the
39
witness or witnesses who testified thereon Your Honor.
In addition to the foregoing admission by RAMON of the

prosecutionÊs exhibits, he likewise never raised in issue
before the trial court the non-presentation of Forensic
Chemist Bravo. RAMON cannot now raise it for the first
time on appeal. Objection to evidence cannot be raised for
the first time on appeal; when a party desires the court to
reject the evidence offered, he must so state in the form of
objection. Without such objection he cannot raise the
question for the first
________________
39 TSN, 18 July 1996, 2-3, 4; OR, 265-267.
357
VOL. 327, MARCH 7, 2000 357

People vs. Uy
40
time on appeal. The familiar rule in this jurisdiction is
that the inadmissibility of certain documents upon the
ground of hearsay if not urged before the court 41
below
cannot, for42the first time, be raised on appeal. In U.S. v.
Choa Tong where the defense counsel did not object to the
form or substance of a laboratory report that the specimen
submitted was opium, the Court ruled that „[t]he objection
should have been made at the time the said analysis was
presented.‰ 43
In People v. Dela Cruz, the Court rejected the
appellantÊs contention that the biology report of the NBI
forensic chemist was inadmissible for being hearsay
because the forensic chemist was not presented in court,
and held, noting that the report was not objected to as such
in his comments or objections to the prosecutionÊs formal
Offer of Evidence, that „[e]very objections to the
admissibility of evidence shall be made at the time such
evidence is offered, or as soon thereafter as the ground for
objection shall have become apparent, otherwise the
objection shall be considered waived.
Finally, as to the reports of Forensic Chemist Bravo, it
must be stressed that as an NBI Forensic Chemist, Bravo
is a public officer, and his report carries the presumption of
regularity in the performance of his function and duty.
Besides, by virtue of Section 44, Rule 130, entries in official
records made in the performance of office duty, as in the
case of the reports of Bravo, are prima facie evidence of the
facts therein stated. We are also aware that „the test
conducted for the presence of ÂshabuÊ (infrared test) is a
relatively simple test which can be performed by an
average or regular chemistry graduate‰ and where „there is
no evidence . . . to show that the positive results for the
presence of methamphetamine hydrochloride (ÂshabuÊ) are
erroneous . . . coupled with the undisputed presumption
that official duty has been regularly performed, said
________________
40 FRANCISCO, VICENTE J., 1 The Revised Rules of Court, Vol. 1,

Part II, 1997 ed., 405.
41 Id., citing People v. Quijano, et al., 52 O.G. 6956.
42 22 Phil. 562, 564 [1912]; also cited in Francisco, supra.
43 229 SCRA 754, 763 [1994].
358

People vs. Uy
results‰ may „adequately establish‰ that the specimens
44
submitted were indeed shabu.
In sum, in Criminal Case No. 16199-MN we are
convinced that the prosecutionÊs evidence more than proved
beyond reasonable doubt all the elements necessary in
every prosecution for the illegal sale of shabu, to wit: (1)
identity of the buyer and the seller, the object, and
consideration; and45(2) the delivery of the thing sold and the
payment therefor. The delivery of the contraband to the
poseur-buyer and the receipt of the marked money
successfully consummated the „buy-bust‰ transaction 46
between the entrapping officers and the accused. What is
material in a prosecution for illegal sale of prohibited drugs
is the proof that the transaction or sale actually took place,
coupled47 with the presentation in court of the corpus
delicti.
There is also no doubt that the charge of illegal
possession of shabu in Criminal Case No. 16200-MN was
proven beyond reasonable doubt since RAMON knowingly
carried with him more than 400 grams of shabu without
legal authority at the time he was caught during the buy-
bust operation. The penalty imposed, namely, reclusion
perpetua and fine 48
of P500,000 is in order pursuant to
People v. Simon.
WHEREFORE, the appealed decision of the Regional
Trial Court of Malabon, Branch 170, in Criminal Case No.
16199-MN and Criminal Case No. 16200-MN, is hereby
affirmed in toto.
Costs de oficio.
SO ORDERED.
Puno, Kapunan, Pardo and Ynares-Santiago, JJ.,

concur.
________________
44 People v. Tang Wai Lan, 276 SCRA 24, 33 [1997].

45 People v. De Vera, 275 SCRA 87 [1997].
46 Id.
47 People v. Castro, 274 SCRA 115 [1997].
48 234 SCRA 555 [1994].
359
VOL. 327, MARCH 7, 2000 359

Aznar Brothers Realty Company vs. Court of Appeals
Judgment affirmed in toto.
Notes.·The Supreme Court is also cognizant of the fact

that the practice of planting evidence for extortion, as a
means to compel one to divulge information or merely to
harass witnesses, is not uncommon. (People vs. Cruz, 231
SCRA 759 [1994])
Serious doubts are cast on the occurrence of a buy-bust
operation where there was no clear explanation on how the
alleged marked money was recovered from the accused.
(People vs. Sulit, 233 SCRA 117 [1994])
The usual procedure in a buy-bust operation is for the
police officers to arrest the pusher of drugs at the very
moment he hands over the dangerous drug to the poseur-
buyer. (People vs. Del Rosario, 234 SCRA 246 [1994])
··o0o··
© Copyright 2018 Central Book Supply, Inc. All rights reserved.

People Vs Uy

Uploaded by

Copyright:

Available Formats

People Vs Uy

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

People Vs Uy

Uploaded by

Copyright:

Available Formats

SUPREME COURT REPORTS ANNOTATED VOLUME 327 02/05/2018, 12)56 PM

VOL. 327, MARCH 7, 2000 335

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.

Criminal Law; Dangerous Drugs Act; Buy-Bust Operations;

and convincing evidence because of the presumption that the law

336 SUPREME COURT REPORTS ANNOTATED

of their official duties. Moreover, the defense of denial or frame-up,

police. Their testimony or identity may be dispensed with since his

VOL. 327, MARCH 7, 2000 337

sides, RAMON never raised, on constitutional grounds, the issue of

Same; Evidence; Pleadings and Practice; Where the accused and

aforequoted portion of the Joint Order, it is clear that RAMON and

338 SUPREME COURT REPORTS ANNOTATED

form of objection.·In addition to the foregoing admission by

he must so state in the form of objection. Without such objection he

VOL. 327, MARCH 7, 2000 339

APPEAL from a decision of the Regional Trial Court of

The facts are stated in the opinion of the Court.

DAVIDE, JR., C.J.:

Ramon 1Chua Uy (hereafter RAMON) appeals from the

1 Per Judge Benjamin J. Antonio; Original Record (OR), Criminal Case

340 SUPREME COURT REPORTS ANNOTATED

and was subsequently charged in three cases, namely,

That on or about the 11th day of September 1995 in the

That on or about the 11th day of September 1995 in the

In Criminal Case No. 16201-MN, RAMON was charged

VOL. 327, MARCH 7, 2000 341

(3) plastic scoops and other drug paraphernalia which were

The evidence on record shows that at around 5:00 of Âclock in the

Narcotics Unit, at once formed the buy-bust team composed of

342 SUPREME COURT REPORTS ANNOTATED

VOL. 327, MARCH 7, 2000 343

SPO4 Regalado applied on the following day for a search warrant

Uy are embodied in the sworn affidavit of SPO1 Nepomuceno

8 Joint Decision, 2-5; OR, 306-309; Rollo, 48-51.

344 SUPREME COURT REPORTS ANNOTATED

VOL. 327, MARCH 7, 2000 345

rest of his money comprising of bundles of P10, P20, P100, P500

Maritess Puno, the other defense witness, testified on the

WHEREFORE, in view of the foregoing, judgment is hereby

1. In Criminal Case No. 16199-MN, the Court finds accused

9 Joint Decision, 5-6; OR, 309-310; Rollo, 51-52.

346 SUPREME COURT REPORTS ANNOTATED

grams, there being no mitigating or aggravating

The trial court gave credence to the prosecutionÊs story of a

VOL. 327, MARCH 7, 2000 347

lance, since a police report listing the names of the donors

348 SUPREME COURT REPORTS ANNOTATED

no probative value. He insists that at the pretrial he did

shabu. Her presentation is neither essential nor

14 Supra note 13.

VOL. 327, MARCH 7, 2000 349

seized from RAMON were indeed the regulated

or were not properly performing their duty, their testimony

16 People v. Abelita, 210 SCRA 497, 501-502 [1992].

350 SUPREME COURT REPORTS ANNOTATED

court on the credibility of witnesses, shall prevail over

on the part of the police officers who conducted the buy-

19 People v. Alhambra, 233 SCRA 604 [1994].