People vs. Abella (2018)

PEOPLE OF THE PHILIPPINES vs. EVANGELINE ABELLA & MAE ANN SENDIONG

G.R. No. 213918, June 27, 2018

MARTIRES, J.:

Facts: Accused-appellants were charged with violation of Section (Sec.) 5, Article (Art.) II of Republic Act (R.A.) No. 9165 in an Information which alleges that the said accused, conspiring together and mutually aiding one another not being then authorized by law, feloniously sell and deliver to a poseur-buyer, one (1) heat-sealed transparent plastic sachet containing an approximate weight of 0.01 gram of Methamphetamine Hydrochloride, commonly called "shabu," a dangerous drug.

The prosecution alleged that both accused-appellants transacted with the poseur-buyer; appellant Abella received the money from the poseur-buyer and handed it to appellant Sendiong; and Sendiong handed the heat-sealed transparent sachet to Abella who in turn gave it to poseur-buyer.

Abella averred that the police officers may have conducted a buy-bust operation but which revealed an instance of instigation. She claimed that the poseur-buyer convinced the accused-appellants of his intent to buy shabu.

Issue: Whether or not the buy-bust team validly implemented the entrapment.

Ruling: Yes, the buy-bust team merely facilitated the apprehension of the criminals by employing ploys and schemes.

In entrapment, the criminal intent or design to commit the offense charged originates in the mind of the accused; the law enforcement officials merely facilitate the apprehension of the criminal by employing ruses and schemes. In instigation, the law enforcers act as active co-principals. Instigation leads to the acquittal of the accused, while entrapment does not bar prosecution and conviction.

In this case, the poseur-buyer merely convinced the accused-appellants that he would be buying shabu but never told them that he would be buying it from them. Apparently, the criminal intent or design to sell shabu originated in the mind of the accused-appellants because they voluntarily and knowingly transacted with the poseur-buyer to sell him a sachet of shabu at the price of P300.00.

Ratio Decidendi: Entrapment is the employment of ways and means in order to trap or capture a lawbreaker.

Gist: This is an appeal from the Decision of the CA affirming the Judgment of the RTC finding accused-appellants guilty beyond reasonable doubt of the offense of illegal sale of 0.01 gram of shabu in violation of Sec. 5, Art. II of R.A. No. 9165.