PEOPLE OF THE PHILIPPINES v. EVELYN PATAYEK y CALAG, et al.
399 SCRA 490 (2003), THIRD DIVISION (Carpio Morales, J.)
Absent any proof of intent on the part of the police authorities to falsely impute such a serious crime against the accused, the presumption of regularity in the performance of their official duty stands.
FACTS: Evelyn Patayek (Patayek) and Arlene Goya (Goya) were charged with the crime of violation of Section IV, Article II of R.A. 6425 as amended by R.A. 7659 for selling and delivering approximately three (3) kilos of suspected marijuana dried leaves with flowering tops wrapped with newspaper pages and light brown masking tape placed in a black travelling bag with yellow strap, a prohibited drug, well knowing that the sale and delivery of such drug is prohibited without authority of law to do so.
Based on the testimonies of SPO1 Modesto Carrera (Carrera) who was designated as the poseur-buyer during an entrapment operation, the Regional Trial Court (RTC) found both of the accused guilty beyond reasonable doubt of the crime of illegal sale and delivery of three (3) kilos of marijuana as charged.