GR No. 180919.

Jan 9 2013
People vs. Seraspe
FACTS:
Authorities were informed of drug trafficking activities in the Cities of Las
Pinas, Muntinlupa, Taguig and Paranaque which prompted the creation of a team
tasked to stop the illicit activities.
While undercover, they met with the civilian informant and proceeded to the
house of one of the accused, Espiritu. After the negotiations to buy 2 kilos of shabu
worth P750 000, the undercover policemen left. Espiritu promised to call them once
the shabu becomes available.
Weeks later, the police got a call from Espiritu and the parties arranged a
meeting in SM Bacoor. The meeting was only to acquire a sample from the accused.
The sample acquire was tested positive for shabu. The two parties then agreed to
meet in a food court in Las Pinas City for the delivery of the drugs.
Five days later, on the days of the meeting, the buy-bust team secured the
venue and prepared the marked bills. Espiritu arrived with one of the other accused,
Simpresueta M. Seraspe. After making sure that the undercover police brought the
money, Espiritu ordered Seraspe to get the drugs. Thirty minutes later, Seraspe
came back with her mother who was carrying a bag filled with shabu. After
examining the contents, the team arrested Espiritu, Seraspe and her mother. They
also recovered the marked bills.
The accused however, contended that they were induced by the authorities
to sell the dangerous drugs.
The trial court found that all the accused conspired to deliver and sell shabu
and they were guilty beyond reasonable doubt.
ISSUE:
Whether or not THE TRIAL COURT ERRED IN CONVICTING THE ACCUSED OF
VIOLATION OF SECTION 15, ARTICLE II, IN RELATION TO SECTION 21, ARTICLE IV, AS
AMENDED BY R.A. 7659, WHEN THE LATTERS GUILT WAS NOT PROVEN BEYOND
REASONABLE DOUBT.
RULING:
NO. In the prosecution of illegal sale of dangerous drugs, the two essential
elements are: "(1) the identity of the buyer and the seller, the object, and the
consideration; and (2) the delivery of the thing sold and the payment for it. In the
present case, the said elements were duly proved by the prosecution. The
entrapment team Here, the said elements were duly proved by the prosecution.
The entrapment team positively identified appellant and her co-accused as the
sellers of the contraband who sold the same in exchange for the marked money. The
item was seized, marked and upon examination was identified as shabu, a
dangerous drug. appellant and her co-accused as the sellers of the contraband who

sold the same in exchange for the marked money. The item was seized, marked and
upon examination was identified as shabu, a dangerous drug.