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    People Vs Melba Espiritu Et Al, GR NO. 180919 (DIGESTED - ToGUAY)

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    Paul Jeffrey Toguay
    Melba Espiritu and co-accused were convicted by lower courts for illegal sale of shabu. The Supreme Court affirmed the conviction, finding that (1) witnesses positively identified the accused as sellers who exchanged shabu for marked money, and (2) the accused conspired with each other to commit the crime. The Court rejected arguments that the accused were merely induced, noting that criminal intent originated from the accused rather than law enforcement. The penalty imposed was Reclusion Perpetua and a fine of 500,000 pesos.

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    People Vs Melba Espiritu Et Al, GR NO. 180919 (DIGESTED - ToGUAY)

    Uploaded by

    Paul Jeffrey Toguay
    402 views4 pages
    Melba Espiritu and co-accused were convicted by lower courts for illegal sale of shabu. The Supreme Court affirmed the conviction, finding that (1) witnesses positively identified the accused as sellers who exchanged shabu for marked money, and (2) the accused conspired with each other to commit the crime. The Court rejected arguments that the accused were merely induced, noting that criminal intent originated from the accused rather than law enforcement. The penalty imposed was Reclusion Perpetua and a fine of 500,000 pesos.

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    GR NO. 180919

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    26. People vs Melba Espiritu Et Al, GR NO. 180919 (DIGESTED - ToGUAY)

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    Melba Espiritu and co-accused were convicted by lower courts for illegal sale of shabu. The Supreme Court affirmed the conviction, finding that (1) witnesses positively identified the accused as sellers who exchanged shabu for marked money, and (2) the accused conspired with each other to commit the crime. The Court rejected arguments that the accused were merely induced, noting that criminal intent originated from the accused rather than law enforcement. The penalty imposed was Reclusion Perpetua and a fine of 500,000 pesos.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    402 views4 pages

    People Vs Melba Espiritu Et Al, GR NO. 180919 (DIGESTED - ToGUAY)

    Uploaded by

    Paul Jeffrey Toguay
    Melba Espiritu and co-accused were convicted by lower courts for illegal sale of shabu. The Supreme Court affirmed the conviction, finding that (1) witnesses positively identified the accused as sellers who exchanged shabu for marked money, and (2) the accused conspired with each other to commit the crime. The Court rejected arguments that the accused were merely induced, noting that criminal intent originated from the accused rather than law enforcement. The penalty imposed was Reclusion Perpetua and a fine of 500,000 pesos.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 4

    SUPREME COURT

    OF THE
    PHILIPPINES
    SECOND DIVISION

    G.R. No. 180919 :

    January 9, 2013

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MELBA L. ESPIRITU,


    PRIMITIVA M. SERASPE, SIMPRESUETA M. SERASPE, a.k.a. "Aileen," Accused.
    SIMPRESUETA M. SERASPE, a.k.a. "Aileen," Accused-Appellant

    CASE DIGEST

    Facts:
    On 15 May 1999, P/Chief Inspector Dandan received an information regarding the illegal
    sale by Espiritu in Cainta and in the cities of Muntinlupa, Taguig and Paranaque. This
    created the Team Golf operation that involved PO3 Criselda Manila (Carla) among others.
    Carla and her other undercover agents went to the house of Espiritu in Muntilupa to order
    two kilos of shabu for a discounted price of Php 750,000.00.
    On 1 June 1999, Espiritu together with the co-accused, and Carla met in Las Pinas for the
    delivery of the drugs. At 5:00 in the afternoon, the buy bust operation was executed by the
    signal of Carla’s scratching of head. Espiritu, Seraspe, and the appellant were arrested. The
    marked money and the 983.5 grams of shabu were recovered from them.
    Issue:
    Did the lower courts err in convicting the accused-appellant of violation of Section 21,
    Article IV, as amended by R.A. 7659 or the Act of Dangerous Act?
    Ruling:
    No, the lower courts did not err in convicting the accused-appellant of violation of Section
    21, Article IV, as amended by R.A. 7659. Here, the Supreme Court affirmed the decision
    of the Court of Appeals on the grounds that the petition made by the petitioner has no merit,
    the two essential elements1 of the crime of illegal sale of dangerous drug were established

    1
    "(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 therefor."
    xxxx
    by the prosecution, and the appellant conspired with her co-accused in the commission of
    the crime charged.
    Arguments:
    The accused-appellant argued that they were just induced by the PAOCTF and that she just
    accompanied Espiritu to the Food Court. However, the witnesses P/Chief Dandan and
    Criselda (Carla) positively identified appellant and her co-accused as the sellers of the
    contraband who sold the same in exchanged of for the marked money. The item was seized,
    marked and upon examination was identified as shabu, a dangerous drug. The court was
    not persuaded by the alibis aof the appellant that she only accompanied Espiritu and had
    no knowledge of the transaction. The existence of conspiracy was clearly established not
    only by the persecution but also by the testimony of the appellant for “in conspiracy the act
    of one is the act of all.” Mere deception by the police officer will not shield the perpetrator,
    if the offense was committed by him free from the influence or instigation of the police
    officer

    Conclusion:
    Above arguments settle the Supreme Court to affirm the decisions of the lower courts
    against the accused-appellant on the ground of the petition having no merit, the presence
    of the two essential elements of the illegal sale of drugs, and the conspiracy of the accused-
    appellant and her co-accused. The penalty is Reclusion Perpetua and a fine of 500,000.00

    XXX
    P.S.
    Melba Espiritu and Primitiva Seraspe withdrew the appeal*** for clemency of old age.
    XXX
    Vocabulary:
    Assail (verb) meaning, to oppose.
    PAOCTF - Presidential Anti-Organized Crime Task Force
    Induce (verb) meaning influence
    Decoy solicitation – act of soliciting drugs from appellant during the buy-bust operation.

    Notes:
    "An accepted badge of conspiracy is when the accused by their acts aimed at the same
    object, one performing one part and another performing another so as to complete it with
    a view to the attainment of the same object, and their acts though apparently independent
    were in fact concerted and cooperative, indicating closeness of personal association,
    concerted action and concurrence of sentiments."39

    "To be a conspirator, one need not participate in every detail of the execution; he need not
    even take part in every act or need not even know the exact part to be performed by the
    others in the execution of the conspiracy."41

    Instigation vs. Entrapment


    "Instigation means luring the accused into a crime that he, otherwise, had no intention to
    commit, in order to prosecute him."42 It differs from entrapment which is the employment
    of ways and means in order to trap or capture a criminal.43 In instigation, the criminal intent
    to commit an offense originates from the inducer and not from the accused who had no
    intention to commit and would not have committed it were it not for the prodding of the
    inducer.44 In entrapment, the criminal intent or design originates from the accused and the
    law enforcers merely facilitate the apprehension of the criminal by using ruses and
    schemes.45 Instigation results in the acquittal of the accused, while entrapment may lead to
    prosecution and conviction.46

    In People v. Legaspi,49 this Court pronounced that in a prosecution for sale of illicit drugs,
    any of the following will not exculpate the accused: "

    (1) that facilities for the commission of the crime were intentionally placed in his way; or
    (2) that the criminal act was done at the solicitation of the decoy or poseur-buyer seeking
    to expose his criminal act; or
    (3) that the police authorities feigning complicity in the act were present and apparently
    assisted in its commission."50
    Ponente: DEL CASTILLO, J.:

    Accused-Appellant: SIMPRESUETA M. SERASPE (Aileen)

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