People v Miranda (2015)

PEOPLE OF THE PHILIPPINES VS. BIENVENIDO MIRANDA y FELICIANO
GR. No. 209338 June 29, 2015

Facts:

The appellant was charged with crimes of violation of Sections 5 and 11, Article II, of R.A. No. 9165 for illegal sale and possession of methylamphetamine hydrochloride or shabu. He was arrested by the police officer through a buy-bust operation. The appellant denied the offenses charged and gave a different version of story.

Issue:

Whether or not the accused is guilty of the crimes of illegal sale and possession of shabu. Ruling:
Conviction is proper in prosecutions involving illegal sale of dangerous drugs if the following elements are present:

1. the identity of the buyer and the seller, the object, and the consideration; and
   
2. the delivery of the thing sold and the payment thereto.
   The prosecution duly established the identity of the buyer and the seller, appellant being the seller and P/CI Chica as the poseur-buyer. The object of the transaction was a sachet of methylamphetamine hydrochloride or shabu. 

As to the delivery of the thing sold and the payment therefore, P/CI Chica categorically testified that he caught appellant in flagrante delicto selling and delivering the shabu during a buy-bust operation.
It bears stressing that the sale of the illegal drugs in this case was brought about by a buy- bust operation – a form of entrapment that is resorted to for trapping and capturing criminals.

In illegal possession of dangerous drugs, such as shabu, the elements are:

1. the accused is in possession of an item or object which is identified to be a prohibited drug;
   
2. suchpossessionisnotauthorizedbylaw;and
   
3. the accused freely and consciously possessed the said drug.
   
   These elements are also present in this case. P/CI Chica testified that after the appellant sold him shabu, another plastic sachet containing a white crystalline substance was recovered by Chairman Cruz from appellant at the time of his arrest. This too was submitted to the crime laboratory for analysis, and was positively found to contain shabu. 

(SOURCE: PALS 2016, Prepared by: Dean Gemy Lito L. Festin and the students of Polytechnic University of the Philippines)