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PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. 184808 : November 14, 2011]

PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ASMAD BARA Y ASMAD, APPELLANT.

D E C I S I O N


BRION, J.:

We review the decision1 of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 01529, which affirmed the decision2 of the Regional Trial Court (RTC), Branch 2, Manila, finding Asmad Bara y Asmad (appellant) guilty beyond reasonable doubt of illegal sale of shabu under Section 5, Article II of Republic Act (R.A.) No. 9165 (the Comprehensive Dangerous Drugs Act of 2002).

BACKGROUND FACTS

After receipt of information that the appellant was selling drugs on M. Adriatico Street, Malate, Manila, Senior Police Officer (SPO) 1 Rodolfo Ramos informed the members of the Western Police District, District Anti-Illegal Drugs-Special Operations Group (DAID-SOG), United Nations Avenue, Ermita, Manila, of a planned surveillance and "narcotics operation." SPO1 Ramos prepared the pre-operation report and the buy-bust money consisting of two P100.00 bills; he also designated Police Officer (PO)1 Alexander delos Santos as the poseur-buyer.3

After these preparations, the police went to M. Adriatico Street to conduct their entrapment operation. On arrival, PO1 Delos Santos and the informant alighted from their car; the other members of the entrapment team remained inside the vehicle. When the informant saw the appellant, he identified the latter to PO1 Delos Santos as the target person.

The appellant, on seeing the informant, approached the latter and talked to him. At this point, the informant introduced PO1 Delos Santos to the appellant as a buyer of shabu. Queried by the appellant on how much he would buy, PO1 Delos Santos replied: "Two hundred pesos."
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