PEOPLE OF THE PHILIPPINES, vs. CARLOS DE GUZMAN y PANALIGAN.
- G.R. Number: G.R. No. 106025
- Promulgated: 1994-02-09
- Ponente: Puno, J.
Doctrine
Apprehending officers are entitled to the presumption of regularity in the performance of their duties absent proof of ill motive or irregularity material to the arrest.
A procedural lapse that occurs after the buy-bust operation has concluded and where the accused was caught in flagrante delicto (e.g., not reading the joint affidavit before signing) may be considered de minimis and insufficient to nullify the arrest.
Facts
Accused-appellant was on the police watch list as a suspected prohibited drug peddler after two prior failed entrapment attempts by police (baseline surveillance).
On 23 September 1991 the police conducted a buy-bust operation along Coral and R. A. Reyes Streets, Tondo, Manila; PO3 Manzon acted as poseur-buyer and Patrolman Chiapoco as apprehending officer.
The accused was caught in flagrante delicto selling 'shabu', a regulated drug, without authority.
Issues
Whether the alleged procedural irregularity (failure of Pat. Chiapoco to read the joint Affidavit of Apprehension before signing) vitiates the arrest and buy-bust operation.
Whether the evidence establishes guilt beyond reasonable doubt to sustain conviction for illegal sale of a regulated drug.
Ruling
The trial court correctly afforded the apprehending officers the presumption of regularity in performing their duties; the failure to read the joint affidavit was de minimis and occurred after the operation concluded.
Because the accused was caught in flagrante delicto selling 'shabu' and there is no evidence of police ill motive, the conviction is affirmed; accused found guilty beyond reasonable doubt.
Keywords
G.R. No. 106025, buy-bust operation, prohibited drug peddler, Section 15, Article III of Republic Act 6425, as amended, methylamphetamine hydrochloride (shabu), illegal sale of shabu, life imprisonment, disputable presumption of regularity in the performance of official duty, in flagrante delicto, clear and convincing evidence, PUNO, J., accused, guzman, accused appellant, police authorities, presumption, tsn january, evidence, september, trial