The Supreme Court ruled that the testimony of a confidential informant (CI) is not indispensable in illegal drug sale cases if the buy-bust operation is valid and the poseur-buyer testifies. This decision reinforces the effectiveness of buy-bust operations in apprehending drug dealers and clarifies that the CI’s testimony is only corroborative, not essential, when the elements of illegal sale are proven by direct evidence from the arresting officers.

Entrapment or Illegal Arrest: When is a Buy-Bust Valid Without the Informant?

This case arose from the acquittal of Jonathan Dy, Castel Vinci Estacio, and Carlo Castro, who were charged with selling ecstasy in a buy-bust operation. The Regional Trial Court (RTC) granted their demurrer to evidence, stating that the prosecution failed to prove the illegal sale because the confidential informant (CI), who initiated the negotiation, was not presented as a witness. The prosecution argued that Judge Lagos committed grave abuse of discretion. The central legal question was whether the testimony of the CI was indispensable for proving the illegal sale of drugs, especially when the arresting officers themselves witnessed the transaction.

The Supreme Court addressed the issue of whether the trial court committed grave abuse of discretion in granting the demurrer to evidence. The Court emphasized that while the right against double jeopardy protects an acquitted defendant, this protection does not apply when the acquittal is tainted by grave abuse of discretion. As stated in People v. De Grano,

the party asking for the review must show the presence of a whimsical or capricious exercise of judgment equivalent to lack of jurisdiction; a patent and gross abuse of discretion amounting to an evasion of a positive duty or to a virtual refusal to perform a duty imposed by law or to act in contemplation of law; an exercise of power in an arbitrary and despotic manner by reason of passion and hostility; or a blatant abuse of authority to a point so grave and so severe as to deprive the court of its very power to dispense justice.

In this case, the Supreme Court found that Judge Lagos committed grave abuse of discretion by requiring the testimony of the CI, despite the presence of direct evidence from the arresting officers who witnessed the illegal sale. The Court highlighted that the essential elements of illegal sale of drugs are proof that the illicit transaction took place and the presentation of the corpus delicti, as evidence. In People v. Unisa, the Court stated that

the only elements necessary to consummate the crime of illegal sale of drugs is proof that the illicit transaction took place, coupled with the presentation in court of the corpus delicti or the illicit drug as evidence.

The Court noted that PO2 Frando, the poseur-buyer, testified about the negotiation and the actual buy-bust operation. PO2 Cubian testified about frisking the accused and recovering the buy-bust money. P S/Insp. Manaog testified about the chemical analysis of the seized drugs, confirming they were indeed ecstasy. The 30 pills of ecstasy were duly marked, identified, and presented in court, establishing the corpus delicti. The Court referenced People v. Dumangay, noting that

in buy-bust operations, the delivery of the contraband to the poseur-buyer and the seller’s receipt of the marked money successfully consummate the buy-bust transaction between the entrapping officers and the accused.

Furthermore, the Court cited People v. Buenaventura, stating that it is a presumption that police officers perform their duties regularly unless there is motive to falsely testify against the accused. In this case, there was no evidence of ill motive or neglect of duty on the part of the AIDSOTF members. The fact that the CI provided the initial information did not negate the subsequent consummation of the illegal sale witnessed by the officers.

The Court addressed the necessity of the CI’s testimony, citing its Resolution in People v. Utoh:

Utoh was arrested not, as he asserts, on the basis of “reliable information” received by the arresting officers from a confidential informant. His arrest came as a result of a valid buy-bust operation, a form of entrapment in which the violator is caught in flagrante delicto.

The Supreme Court clarified that the testimony of the CI is not indispensable in drug cases and cited People v. Andres,

the presentation of an informant is not a requisite for the prosecution of drug cases. The testimony of the CI is not indispensable, since it would be merely corroborative of and cumulative with that of the poseur-buyer who was presented in court, and who testified on the facts and circumstances of the sale and delivery of the prohibited drug.

The Court also noted that there are valid reasons for not presenting informants, such as protecting their identity and preserving their services to the police. The Court distinguished the case from People v. Ong, where the conviction was based solely on the testimony of one officer who was merely a deliveryman. In the present case, PO2 Frando, the poseur-buyer, directly participated in the sale transaction and provided firsthand testimony.

The Supreme Court emphasized that requiring the CI’s testimony would add an unnecessary burden, contrary to established legal principles. In People v. Lopez, the Court ruled that

the informant’s testimony, then, would have been merely corroborative and cumulative because the fact of sale of the prohibited drug was already established by the direct testimony of SPO4 Jamisolamin who actively took part in the transaction.

Therefore, the Court concluded that Judge Lagos erred in deeming the CI’s testimony indispensable, as the prosecution presented sufficient evidence to prove the charges against the respondents. The Supreme Court annulled the RTC’s Orders granting the demurrer and acquitting the accused, ordering the RTC to reinstate the criminal case and proceed with the trial.

FAQs

What was the key issue in this case?	The key issue was whether the testimony of a confidential informant is indispensable to prove the illegal sale of drugs in a buy-bust operation, especially when the poseur-buyer directly witnessed the transaction and testified in court.
What is a buy-bust operation?	A buy-bust operation is a form of entrapment used by law enforcement to apprehend individuals engaged in illegal activities, such as drug sales. It typically involves a poseur-buyer who pretends to purchase illegal items from the suspect, leading to their arrest.
What is a demurrer to evidence?	A demurrer to evidence is a motion filed by the defense after the prosecution rests its case, arguing that the evidence presented is insufficient to prove the defendant’s guilt beyond a reasonable doubt. If granted, it results in the dismissal of the case.
What is the significance of the corpus delicti?	The corpus delicti, or “body of the crime,” refers to the actual substance or evidence upon which a crime has been committed. In drug cases, this typically refers to the seized drugs, which must be presented in court as evidence.
Why was the confidential informant not presented in court?	Confidential informants are often not presented in court to protect their identity and ensure their continued usefulness in future operations. Their testimony is generally considered corroborative if other direct evidence supports the case.
What did the Supreme Court rule about the CI’s testimony?	The Supreme Court ruled that the testimony of the CI is not indispensable in proving the illegal sale of drugs if the buy-bust operation was valid and the poseur-buyer testified about the transaction. The CI’s testimony would only be corroborative.
What is grave abuse of discretion?	Grave abuse of discretion refers to a situation where a judge or public official exercises their power in a whimsical, capricious, or arbitrary manner, amounting to a lack of jurisdiction or a blatant disregard of the law.
What was the basis for the Supreme Court’s decision?	The Supreme Court based its decision on the direct testimony of the arresting officers, the presentation of the seized drugs as evidence, and the established legal principle that the CI’s testimony is not indispensable in drug cases.

This case reaffirms the validity and effectiveness of buy-bust operations in combating illegal drug activities. It clarifies that the absence of the confidential informant’s testimony does not automatically invalidate a drug conviction, as long as the essential elements of the crime are proven by other competent evidence. This decision ensures that law enforcement agencies can continue to rely on buy-bust operations to apprehend drug offenders without being unduly hampered by the requirement of presenting confidential informants in court.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: PEOPLE OF THE PHILIPPINES VS. JUDGE RAFAEL R. LAGOS, G.R. No. 184658, March 06, 2013