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People of The Philippines vs. Noel Bartolome - Abadano, Junnifer C.

- A buy-bust operation was conducted after an informant reported the accused-appellant's illegal drug dealings to authorities. During the operation, the informant approached the accused, who then sold 0.06 grams of methamphetamine to the undercover officer in exchange for money. - The accused claimed he was framed by police seeking to extort money from him. However, both the trial court and appellate court found the accused guilty of violating drug laws. - The Supreme Court affirmed the conviction, finding that the accused readily sold drugs to the undercover officer without significant prompting, and that entrapment through a buy-bust operation is a valid way to catch criminals in the act.

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Lemrose Duenas
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299 views1 page

People of The Philippines vs. Noel Bartolome - Abadano, Junnifer C.

- A buy-bust operation was conducted after an informant reported the accused-appellant's illegal drug dealings to authorities. During the operation, the informant approached the accused, who then sold 0.06 grams of methamphetamine to the undercover officer in exchange for money. - The accused claimed he was framed by police seeking to extort money from him. However, both the trial court and appellate court found the accused guilty of violating drug laws. - The Supreme Court affirmed the conviction, finding that the accused readily sold drugs to the undercover officer without significant prompting, and that entrapment through a buy-bust operation is a valid way to catch criminals in the act.

Uploaded by

Lemrose Duenas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,

vs.
NOEL BARTOLOME y BAJO, Accused-Appellant.
G.R. No 191726; February 06, 2013

FACTS:

A buy-bust operation was conducted after an informant went to the Anti-Illegal Drugs Special
Operations Unit (ADSOU) in Caloocan City to report the illicit drug dealings of the accused-
appellant. Upon arriving at the target area at around 2:00 a.m. of August 10, 2003, the team
members positioned themselves in the vicinity of a store. The informant then approached a person
who was standing in front of the store and dropped a cigarette butt in front of the person. Paras
handed the marked ₱100.00 bill to the suspect, who in turn drew out a plastic sachet containing 0.06
gram of Methylamphetamine Hydrochloride from his pocket and gave the sachet to Paras. As the
other members of the team were approaching, Paras grabbed the suspect who was identified as
Noel Bartolome Bajo.

The accused claimed that the arresting officers had framed him up because they wanted to extort a
substantial amount from him in exchange for his release.

The RTC convicted Bartolome guilty beyond reasonable doubt for violation of Section 5, Article II,
Republic Act No. 9165 and imposes upon him the penalty of life imprisonment and a fine of
Php500,000.00. The CA affirmed his conviction.

ISSUE:

Whether or not the trial court erred in convicting the accused-appellant of the crime charged since it
was merely instigated by the police into doing it.

HELD:

No. We declare that the accused was not arrested following an instigation for him to commit the
crime. Instead, he was caught in flagrante delicto during an entrapment through buy-bust. In a buy-
bust operation, the pusher sells the contraband to another posing as a buyer; once the transaction is
consummated, the pusher is validly arrested because he is committing or has just committed a crime
in the presence of the buyer. Here, Paras asked the accused if he could buy shabu, and the latter, in
turn, quickly transacted with the former, receiving the marked bill from Paras and turning over the
sachet of shabu he took from his pocket. The accused was shown to have been ready to sell
the shabu without much prodding from Paras. There is no question that the idea to commit the crime
originated from the mind of the accused.

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