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    People of The Philippines V. Rolando Laylo Y Cepres G.R. No. 192235 - 6 July 2011

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    Nicole Buenaventura
    The Supreme Court upheld the conviction of Rolando Laylo for the attempted sale of illegal drugs. Laylo approached undercover police officers and offered to sell them shabu, presenting plastic bags containing the drug. Though the sale was not completed due to the officers revealing their identity, Laylo's actions met the elements of attempted sale. Specifically, (1) Laylo intended to sell shabu and (2) took overt acts to do so by showing and offering the drug. The evidence, including the testimony of the officers and the seized shabu, was sufficient to establish Laylo's guilt.

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    People of The Philippines V. Rolando Laylo Y Cepres G.R. No. 192235 - 6 July 2011

    Uploaded by

    Nicole Buenaventura
    32 views2 pages
    The Supreme Court upheld the conviction of Rolando Laylo for the attempted sale of illegal drugs. Laylo approached undercover police officers and offered to sell them shabu, presenting plastic bags containing the drug. Though the sale was not completed due to the officers revealing their identity, Laylo's actions met the elements of attempted sale. Specifically, (1) Laylo intended to sell shabu and (2) took overt acts to do so by showing and offering the drug. The evidence, including the testimony of the officers and the seized shabu, was sufficient to establish Laylo's guilt.

    Original Title

    345405101-People-v-Laylo

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    The Supreme Court upheld the conviction of Rolando Laylo for the attempted sale of illegal drugs. Laylo approached undercover police officers and offered to sell them shabu, presenting plastic bags containing the drug. Though the sale was not completed due to the officers revealing their identity, Laylo's actions met the elements of attempted sale. Specifically, (1) Laylo intended to sell shabu and (2) took overt acts to do so by showing and offering the drug. The evidence, including the testimony of the officers and the seized shabu, was sufficient to establish Laylo's guilt.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    32 views2 pages

    People of The Philippines V. Rolando Laylo Y Cepres G.R. No. 192235 - 6 July 2011

    Uploaded by

    Nicole Buenaventura
    The Supreme Court upheld the conviction of Rolando Laylo for the attempted sale of illegal drugs. Laylo approached undercover police officers and offered to sell them shabu, presenting plastic bags containing the drug. Though the sale was not completed due to the officers revealing their identity, Laylo's actions met the elements of attempted sale. Specifically, (1) Laylo intended to sell shabu and (2) took overt acts to do so by showing and offering the drug. The evidence, including the testimony of the officers and the seized shabu, was sufficient to establish Laylo's guilt.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Case No.

    24
    PEOPLE OF THE PHILIPPINES v. ROLANDO LAYLO y CEPRES
    G.R. No. 192235 | 6 July 2011
    CARPIO, J.

    RULING/JURISPRUDENCE:
    The elements necessary for the prosecution of illegal sale of drugs are: (1) the identity of
    the buyer and seller, the object, and the consideration; and (2) the delivery of the thing sold
    and the payment.
       Section 26(b), Article II of RA 9165 provides: 
    Section 26. Attempt or Conspiracy. – Any attempt or conspiracy to commit the following
    unlawful acts shall be penalized by the same penalty prescribed for the commission of the
    same as provided under this Act:
    x x x (b) Sale, trading, administration, dispensation, delivery, distribution and
    transportation of any dangerous drug and/or controlled precursor and essential
    chemical; x x x

    Appellant intended to sell shabu and commenced by overt acts the commission of the intended
    crime by showing the substance to PO1 Reyes and PO1 Pastor. The sale was aborted when the
    police officers identified themselves and placed appellant and Ritwal under arrest. The plastic
    sachets were presented in court as evidence of corpus delicti. Thus, the elements of the crime
    charged were sufficiently established by evidence.

    In People v. de Guzman, We have ruled that peddlers of illicit drugs have been known, with ever
    increasing casualness and recklessness, to offer and sell their wares for the right price to
    anybody, be they strangers or not. What matters is not the existing familiarity between the
    buyer and the seller, or the time and venue of the sale, but the fact of agreement as well as the
    act constituting the sale and delivery of the prohibited drugs.

    FACTS:
    Afternoon of 17 December 2005, PO1 Reyes and PO1 Pastor, both wearing civilian
    clothes, were conducting anti-drug surveillance operations. While they were in front of a sari-
    sari store, appellant Rolando Laylo and his live-in partner, Melitona Ritwal, approached them
    and asked, “Gusto mong umiskor ng shabu?” PO1 Reyes replied,
    “Bakit mayroon kaba?” Laylo then brought out two plastic bags containing shabu and told the
    police officers, “Dos (P200.00) ang isa.” Upon hearing this, the police officers introduced
    themselves as cops. PO1 Reyes immediately arrested Laylo. Ritwal, on the other, tried to get
    away but PO1 Pastor caught up with her. PO1 Pastor then frisked Ritwal and found another
    sachet of shabu in a SIM card case which Ritwal was carrying. PO1 Reyes and PO1 Pastor
    marked the three plastic sachets of shabu recovered from Laylo and Ritwal and forwarded them
    to the NP Crime Laboratory for forensic testing. The specimens are found positive for
    methylamphetamine hydrochloride or shabu, a dangerous drug.
    The police officers charged Laylo for attempted sale of illegal drugs and used the two
    plastic sachets containing shabu as basis while Ritwal was charged for possession of illegal
    drugs using as basis the third sachet containing 0.02 grams of shabu.

    Two separate Information against appellant Laylo and Ritwal were filed. The RTC found
    Laylo and Ritwal guilty beyond reasonable doubt of violations of RA 9165. The RTC gave
    credence to the testimonies of the police officers, who were presumed to have performed their
    duties in a regular manner. The RTC stated that Reyes and Pastor were straightforward and
    candid in their testimonies and unshaken by cross-examination. Their testimonies were
    unflawed by inconsistencies or contradictions in their material points. The RTC added that the
    denial of appellant Laylo is weak and self-serving and his allegation of planting of evidence or
    frame-up can be easily concocted. Thus, Laylo’s defense cannot be given credence over the
    positive and clear testimonies of the prosecution witnesses.  
    Laylo filed an appeal with the CA. The CA affirmed the decision of the RTC.

    ISSUE:
    Whether or not the Court of Appeals gravely erred in affirming the Decision of RTC in
    convicting appellant of attempted sale of dangerous drugs.

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