RA 9165: Notes in Interpretation

1.) Buy-bust Operation

Remember my articles on arrest quotas, and entrapment? There are no hard and fast rules for buy-bust operations. They are presumed to be regular operations unless the accused can prove that they weren't and that there was a frame-up (People vs Agustin, 215 SCRA 725.) Frame-up, also known as inducement, is easy to fabricate and must be disregarded unless the evidence is clear and convincing. A sale happens when the transaction is consummated and may be on payment or delivery (People vs Ponsica, 230 SCRA 87.) What matters is that the accused was caught in the act (People vs. Aspiras, 376 SCRA 546.)

Mere acting as a broker is already sufficient to commit the crime of selling drugs (People vs. Agustin.)

2.) "Plain View" Doctrine

In a lawful arrest, a search is always in order. The search, however, is limited only to the person of the accused and the premises under his immediate control. A seizure under the "plain view" doctrine must conform to the following rules (from People vs. Aspiras:)

1.) There is a valid intrusion based on a valid warrantless arrest (it's not just ordinary people who can do this) with the police legally present

2.) The evidence was inadvertently discovered by the policemen who had the right to be there

3.) The evidence must be immediately apparent

4.) "Plain view" justifies mere seizure without further search

3.) Elements of Illegal Sale

Taken from People vs. Evangelista, 534 SCRA 245 and People vs.Santiago, 539 SCRA 198:

a.) Identities of the buyer, seller, object (thing to be sold) and consideration (price)

b.) Delivery of the thing sold and payment of the price

There are 2 additional details from People vs. Pendatun, 434 SCRA 148:

a.) The accused sold and delivered the drug to another person

b.) He knew that he sold and delivered a dangerous drug

4.) Kinds of Possession

Possession doesn't only include actual possession. There's also what's known as constructive possession. Constructive possession happens when the drug is under the control of the accused or if he has the right to exercise dominion and control over the place where the drugs are. People vs. Tira (430 SCRA 134) gives us 2 sets of elements for actual possession: for illegal drugs and controlled precursors and essential chemicals/regulated drugs. Constructive possession can be exclusive as well as joint (People vs. Huang, 439 SCRA 350.)

Illegal drugs:

a.) Actual possession of an illegal drug

b.) The possession isn't authorized by law

c.) The accused freely and consciously possessed the drug

Controlled precursors and essential chemicals/regulated drugs (also found in People vs Castillo, 439 SCRA 601:)

a.) Accused is found in possession of a regulated drug

b.) He isn't authorized by law or duly-constituted authority (ex. he doesn't have a doctor's prescription)

c.) He knows that the drug is regulated

5.) Possession vs. Sale

Possession and sale are different crimes. When a person is arrested while selling drugs, the possession of the drugs he has are absorbed into the sale. Hence, the only crime committed is sale (People vs. Catan, 205 SCRA 235.) The exception is if the accused sold the drugs but has some more in his possession (People vs. Angeles (218 SCRA 352.) If that happens, he will be tried for  both possession and sale.

6.) Receipt of Payment

A basic rule in civil law is that there is already a sale when the seller agrees to sell and the buyer agrees to buy. This is also considered in RA 9165. There is already a sale when the buyer agrees to buy and the seller agrees to sell. Consequently, payment of the money for a buy-bust operation isn't necessary anymore (People vs Yang, 423 SCRA 82.) In fact, even if the "buyer" didn't have the money, there's already a sale if he agreed to buy (People vs. Macasa 229 SCRA 422.)