People v Lacbanes; G.R. No. 88684; 20 Mar 1997; 270 SCRA 190

FACTS:
Accused-appellant was arrested in an entrapment operation and charged with violating the Dangerous Drugs Act. During the trial, the prosecution did not present the confidant-informant-turned-poseur buyer and relied only on the testimony of a police officer who was present during the buy-bust operation.

ISSUE(S):
Whether or not appellant’s right to know the witnesses against him and meet them in court was violated.

RULING:
NO. Accused-appellant was caught in flagrante delicto. In every prosecution for illegal sale of dangerous drugs, what is material and indispensable is the submission of proof that the sale of illicit drug took place between the seller and the poseur-buyer. The testimony of a lone prosecution witness, as long as it is positive and clear and not arising from an improper motive to impute a serious offense to the accused, deserves full credit.

Decision appealed from is AFFIRMED with modification.

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Category: Legal Chyme

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