He was supposed to be home for Christmas but a court would not let him go albeit, temporarily. Therefore, the accused will have to stay in jail even during the Christmas season. This was the result of a regional trial court order that denied the bail application of an agent of the Philippine Drug Enforcement Agency (PDEA) held for drug charges citing a popular adage “it takes a thief to catch another thief”. Presiding Judge Suceso Arcamo of the RTC Branch 47, in a three-page order, denied the application for bail of Steven Valles y Lumitaw who was accused of violation of Section 5, Article 11 of Republic Act 9165 otherwise known as the Dangerous Drug Act of 2002 as amended. He was arrested during a buy-bust operation near the JJ’s Seafood Village, along K of C Drive, this city on August 5, 2011. According to the presiding judge, after a painstaking and thorough calibration on the initial evidence for the prosecution, it was the findings of the court that at this stage, the evidence so far presented appeared to be strong.

The court said that it was well-settled that in the prosecution for the sale of illegal drugs like shabu, what was material was the proof that the transaction or sale transpired, coupled with the presentation in court of the corpus delicti, (People vs Requiza,318 SCRA 635, People vs. Concepcion, 316 SCRA 716). In the case at bar, the court said, the prosecution through the testimonies of PO2 Rolex Tamara and Police Chief Inspector Jovito Atanacio, has established that a transaction or sale between the poseur-buyer and the accused had taken place at about 8:00 o” clock in the evening of 5 August 2011, near the JJ’s Seafood Village, K of C Drive, Tagbilaran Citry. The drug transaction was consummated with the poseur –buyer handing over the buy-bust money in the amount of P85,000 to the accused, who in turn gave the four heat-sealed transparent plastic packs each containing crystalline substance having an aggregate weight of 14.61 grams to the poseur-buyer.

In the same order, the presiding judge delved on the issue of the drug-pusher used in the buy-bust.. Anent this issue, Judge Arcamo said, the alleged deployment of a drug pusher in the buy-bust operation who acted as poseur- buyer, which is contrary to Circular No. 2002-01 of the PDEA particularly Par. III, A-1 thereof, which states that “only specially trained and competent drug enforcement personnel shall conduct drug enforcement operations”, the same was of no moment since it was of common knowledge that in drug operations, particularly buy-bust, the law enforcement officers including the PDEA agents will usually use and employ drug personalities as assets or poseur-buyer if only to ensure a successful operation against their target. Citing the popular adage, it takes a thief to catch another thief, Judge Arcamo said in the same breath, in buy-bust operation, a drug pusher or user is utilized as poseur-buyer since no person in his right mind especially the big fishes, will transact business with a complete stranger much more with a police officer.