Entrapped

Due to the difficulty in apprehending suspects involved in prohibited drugs, the police usually employ other means to arrest them like the buy bust operation or entrapment. This case is an example of entrapment.

This is the case of three teen-age college students, Bubbles, Summer and Peachy studying in a prestigious school. Bubbles and Summer are quite well off while Peachy belongs to the .lower income sector of our society. But they became close friends because of their mutual needs for each other’s assets and talents.

One Sunday when they were on their way to a friend to have a tattoo done, and riding in Bubbles car with Bubbles driving, they were caught in a traffic jam. A passenger in a nearby jeepney, named Bong noticed them and alighted to accost them because they were attracting a lot of attention inside the car. Bong introduced himself as a policeman and even displayed the gun tucked on his waste. He asked the girls to pull over at the side and then told Summer to sit at the back while he sat beside Bubbles. Then after scrounging inside the car he showed them a small bag which apparently contained marijuana (hashish). Then he ordered Bubbles to drive to a nearby police station. But along the way, he told the girls that he would not report them if they pay him P500,000. The girls were all scared and shocked and told Bong that they didn’t have that much money.

After much haggling Bong agreed to receive even P30,000. But the girls could only produce P4,000 from their ATM cards. So Bong agreed to receive the P4,000 first but told them to meet him the next day to pay the balance of P26,000 at a designated place. He even wrote a note that he would not report them anymore upon receipt of the balance.

After telling their parents what happened, Peachy’s mother, Lani, suggested that they go to Camp Crame to report the incident. Upon verification, the NARCOM agents learned that Bong was only an impostor. So upon being informed by the girls that they would meet in the afternoon of the next day, the NARCOM agents instructed the girls to proceed with the meeting but asked them to come back the following day for further instructions.

The following day, the NARCOM agents gave the girls an ultra violet powder dusted envelope containing bogus money amounting to P26,000. They also told the girls to confirm with Bong their appointment in the afternoon at a designated restaurant.

So that afternoon, the girls went to the designated place where Bong saw them seated at a table and asked for the balance. The girls handed him the envelope given by the Police who then pounced on Bong and arrested him. The police operatives recovered from Bong the fake IDs identifying him as agent; Peachy’s ID and Bubbles’ Driver’s License which he confiscated from the two girls, the 45 Cal. Pistol with six live ammunition and a transparent plastic pack containing 16 pieces of dark brown cylindrical shaped candy-sized substance later on verified as Marijuana.

 Bong was thus charged with violation of R.A. 6425 as Amended by R.A. 7659 (Sec 8, Art.II in relation to Sec 2(e-1) (i) Art.1) for willfully, unlawfully and knowingly having in his possession and under his custody and control 84.55 grams of marijuana. He was also charged with illegal possession of firearms in violation of PD 1866 for having in his possession and under his control and custody one Colt 45 pistol with one magazine loaded with six live ammunitions, without the necessary license and permit.

The cases were tried jointly where the three girls and the police operatives testified for the prosecution, narrating how Bong was caught. Bong on the other hand insisted that he was merely conversing with Peachy when apprehended by the police. He disclaimed possession of the prohibited drugs and the unlicensed gun.

But after trial, the lower court found Bong guilty as charged in both cases. He was sentenced to reclusion perpetua for illegal possession of marijuana and imprisonment from 6 years to 8 years for illegal possession o firearms. Was the trial court correct?

Yes, according to the Supreme Court. The straightforward and clear testimonies of the prosecution witnesses undoubtedly show that Bong was caught with the marijuana and unlicensed 45 Cal. Pistol in an operation conducted by the police at a designated place. He even admitted in writing that he received P4,000 and would not arrest the three girls if they give him the balance of P26,000 the next day.

There are no cogent reasons to ignore the findings of the lower court especially on the issue of credibility of witnesses because it has the distinct advantage of observing closely their demeanor and deportment at the witness stand, to determine the veracity of, and to weigh the conflicting testimonies, than an appellate tribunal.

So the judgment of the lower court is sustained except as to the prison sentence for the crime of illegal possession of firearms which should be 4 years, 8 months 1 day minimum to 7 years and 1 day maximum (People vs. Samson, G.R. 139377-78, May 29, 2002).

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