The Supreme Court (SC) has affirmed the conviction of a man found guilty by a Dumaguete City, Negros Oriental court of selling shabu in a buy-bust operation in 2011.
In a 12-page resolution uploaded on December 12, the SC’s Second Division affirmed the Court of Appeals, dismissed the appeal filed by Lourjen Tolentino, and sentenced him to life imprisonment and a fine of up to PHP900,000.
“The Court finds that the prosecution was able to prove Lourjen’s guilt beyond reasonable doubt for both illegal sale and illegal possession of dangerous drugs,” the tribunal said, noting that the “prosecution proved that the police officers observed the rules. Thus the identities of the object of the illegal sale and item illegally possessed were sufficiently established”.
Lourjen was nabbed in a buy-bust in Zone 2, Barangay Looc, Dumaguete City by led by Senior Police Officer (SPO1) Harvey Cuasito and PO1 Roderick Maquinto in coordination with the Philippine Drug Enforcement Agency (PDEA) who worked with a confidential agent.
After the actual sale and arrest and while still in the area, police marked the seized items in the presence of Department of Justice representative Ramon Astillero, media representative Neil Rio and barangay councilor Ricardo Sales.
The seized items were brought to the Philippine National Police (PNP) crime laboratory where it was confirmed to be shabu after an examination.
Lourjen’s urine sample likewise tested positive for the presence of the drug.
The specimen was packed and kept secure in an evidence room and was eventually surrendered to a court employee.
Lourjen in his appeal claimed the police failed to comply with the PNP manual when they did not conduct any prior surveillance or verification among other things.
Ruling otherwise, the SC said that “the lack of prior surveillance does not affect the validity of an entrapment operation”.
Source: Philippines News Agency