CRIMINAL LAW II CASE DIGEST/ PEOPLE V. LAYLO, G.R. No. 192235, JULY 6, 2011

PEOPLE V. LAYLO,

G.R. No. 192235, JULY 6, 2011

TOPIC/DOCTRINE

Where the sale was interrupted when the police officers introduced themselves as cops and immediately arrested the accused and his live-in partner, the sale was not consummated but merely attempted.

FACTS

From the testimonies given, PO1 Reyes and PO1 Pastor testified that they were the poseur-buyers in the sale. Both positively identified appellant as the seller of the substance contained in plastic sachets which were found to be positive for shabu. The same plastic sachets were likewise identified by the prosecution witnesses when presented in court. Even the consideration of P200.00 for each sachet had been made known by appellant to the police officers. However, the sale was interrupted when the police officers introduced themselves as cops and immediately arrested appellant and his live-in partner Ritwal. Thus, the sale was not consummated but merely attempted. Thus, appellant was charged with attempted sale of dangerous drugs.

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.

RULING

Yes.

Here, the court held that where the sale was interrupted when the police officers introduced themselves as cops and immediately arrested the accused and his live-in partner, the sale was not consummated but merely attempted.


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