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witnesses, this Court finds that there are circumstances which weakened the
that the details of the purported transaction be clearly shown, beginning from
the initial contact between the poseur-buyer and the pusher, the offer to
consummation of the sale by the delivery of the illegal drug subject of the sale.
(People vs. Dela Cruz, G.R. No. 205414, April 4, 2016) The manner by which
the initial contact was made, the offer to purchase the drug, the payment of the
buy-bust money, and the delivery of the illegal drug must be the subject of
strict scrutiny by courts to insure that law-abiding citizens are not unlawfully
induced to commit an offense. (People vs. Guinto, G.R. No. 198314, September
24, 2014)
transacted with and who handed to him the two sachets of shabu presented in
court. However, and as correctly pointed out by this Court, the prosecution was
payment for the sachets of shabu. PO1 Anog practically admitted in his
Q: Did you bring the M-16 rifle with you during that time?
Q: So what did you show to him when you said the M-16 rifle is
with you?
A: Big Maam.
guns, the failure of the prosecution to present during trial the two handguns
allegedly used by the NBI operatives to exchange for shabu creates another
void in its case against the appellant. The marked money, or in this case the
handguns supposedly exchanged for the shabu, need not be presented if there
is independent testimony evidencing the fact of exchange (People v. Aletra,
198 SCRA 656). Since there was no such testimony, the inference that can be
drawn from the failure of the prosecution to present the handguns in evidence
is that the claimed guns for shabu transaction never occurred. (People vs.
Clearly, the element of receipt of payment for the thing sold is absent in
this case. Hence, the offense of illegal sale of shabu against appellant cannot
stand.
Based on the above findings, the Court is not persuaded that the
( is hereby fixed.
SO ORDERED.
MANUEL R. ORTIGUERRA
Judge