Miyerkules, Abril 6, 2016

Crim Pro Digest: PEOPLE V. DE LEON

Topic: ARREST

PEOPLE V. DE LEON


Facts:

Rodante de Leon was charged with violation of RA 9165 (Comprehensive Dangerous Drugs Act of 2002).
A buy-bust team was formed to act on the illegal activities of De Leon upon the report of a confidential informant at the Anti-Illegal Drug Special Operation Task Force at the Novaliches Police Station in Quezon City.  De Leon was arrested upon selling to PO2 Magcalayo, posing as buyer, shabu for P200. The seized drug was identified as a prohibited drug and subsequently presented in evidence.
The RTC and CA both found De Leon guilty of the crime charged.

Issue:

Whether or not the buy-bust operation, allegedly full of irregularities was legal.

Ruling:

YES. A buy-bust operation is a form of entrapment whereby ways and means are resorted to for the purpose of trapping and capturing the lawbreakers in the execution of their criminal plan. In this jurisdiction, the operation is legal and has been proved to be an effective method of apprehending drug peddlers, provided due regard to constitutional and legal safeguards is undertaken.

The Court upheld the presumption of regularity in the performance of official duties and ruled that the elements of the crime were sufficiently established, thereby affirming the decision of the CA.

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