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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