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PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 186530 : December 14, 2011]

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. NELLY ULAMA Y ARRISMA, ACCUSED-APPELLANT.

D E C I S I O N


LEONARDO-DE CASTRO, J.:

This is an appeal from the Decision1 dated June 30, 2008 of the Court of Appeals in CA-G.R. CR.-H.C. No. 01228 entitled, People of the Philippines v. Nelly Ulama y Arrisma, which affirmed the Decision2 dated June 10, 2005 of the Regional Trial Court (RTC) of Makati, Branch 135, in Criminal Case No. 03-1308.  The trial court found appellant Nelly Ulama y Arrisma guilty beyond reasonable doubt of violation of Section 5, Article II of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002 and imposed upon her the penalty of life imprisonment as well as a fine of five hundred thousand pesos (P500,000.00).cralaw

The prosecution"'s version of the events leading to appellant's arrest and detention follows:

Having received confidential information from an informant about the drug trafficking activities of appellant, Barangay Chairman Rodolfo Doromal convened a group of Makati Drug Abuse Council (MADAC) operatives to plan and carry out a buy-bust operation. In coordination with the Makati Police Station, Drug Enforcement Unit and the Philippine Drug Enforcement Agency (PDEA), the team composed of PO2 Rodrigo Igno, MADAC operatives Edison Bill, Leo Sese, Antonio Banzon proceeded to the corner of Dapitan and San Nicholas Streets, Barangay Guadalupe Nuevo, Makati City where according to the informant, appellant was conducting her illegal trade. MADAC operative Edison Bill was designated as poseur-buyer who kept the marked buy bust money (Exhibit A; p. 12, Record).

The team sighted appellant also known as "Kakay,"
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