Activity number 8

An informant apprised Sgts. Pedro and Juan of the presence of

a drug pusher at the corner of 3rd Street and Arellano Avenue,
Ampukaw City. Responding to the information, they, together
with Capt. Mario gave the informant marked money to buy
marijuana. The informant now turned poseur buyer, returned
with two sticks of marijuana. Capt. Mario again gave said
informant marked money to purchase marijuana. The
informant-poseur buyer thereafter returned with another two
(2) sticks of marijuana.

The police officers then proceeded to the corner of 3rd Street

and Arellano Avenue and effected the arrest of the accused.

During the trial, the police did not present the informant as a
witness.

Question: Is the failure to present the informant fatal to the

case? Defend your contention.

Yes, the failure to present the informant proved fatal to the case.
Even if the police officers could see and observe the asset, they
had failed to witness the actual transaction and only acted upon
the informant/poseur-buyer’s pre-arranged signal. While the pre-
arranged signal did confirm that the transaction has taken place,
the prosecution failed to present the poseur buyer during the trial
to describe how their transaction happened.