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Tuozo, Lourdes Clouie D.

14-2867
Case No. 62
People of the Philippines v Roa
G.R. No. 186134, May 6, 2010
Perez, J.;
Facts:
The Quezon City Police District received an information from an asset that a certain Joel
Roa was peddling shabu somewhere along Senatorial Road in barangay Batasan Hills. A buy-
bust operation team was then immediately formed by the QCPD. PO2 Galacgac, the poseur-
buyer, introduced himself to Roa as a user who wants to buy shabu from him. The accused then
handed PO2 Galacgac a small sachet with white crystalline substance. In turn, PO2 Galacgac
sent a signal to his team that the transaction was complete. The buy-bust team then arrested the
accused and brought him to the police station.
The confiscated substance was then tested, and yielded a positive result that the substance
was shabu. Two separate criminal charges under RA 9165 was filed against the accused. The
accused entered a plea of not guilty to both charges, and a joint trial for the two interrelated
charges thereafter ensued. The RTC found Roa guilty beyond reasonable doubt. The case was
then brought up to the Court of Appeals, but CA affirmed RTC’s decision.
In this appeal, the accused denies that he was caught, in flagrante, selling and possessing
shabu and claims that he was just a victim of police frame-up for QCPD failed to cooperated
with PDEA about forming a buy-bust operation.

Issue:
Whether QCPD’s failure to cooperate with PDEA discounts the existence of a genuine buy-bust
operation, which gives credibility to his alibi that he was merely a victim of a frame-up

Ruling:
No.
Section 86 of Republic Act No. 9165 requires the National Bureau of Investigation, PNP and the
Bureau of Customs to maintain close coordination with the PDEA on all drug related matters.
This provision, however, does not make PDEA’s participation a condition sine qua non for every
buy-bust operation. A buy-bust is just a form of an in flagrante arrest sanctioned by section 5,
rule 113 of the Rules of Court. Police authorities may rightfully resort to apprehending violators
of RA 9165 with the support of PDEA.
Hence, a buy-bust operation is not invalidated by mere non-coordination with PDEA and cannot
give credibility to his alibi.

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