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159 People Vs Ang Chun Kit

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159. PEOPLE VS.

ANG CHUN KIT

FACTS: ANG CHUN KIT, a Chinese national and reputed to be a member of a Hong Kong-based
drug syndicate operating in Metro Manila, was collared by NARCOM operatives in a buy-bust
operation after he sold to an undercover agent for P400,000.00 a kilo of methamphetamine
hydrochloride known as shabu. His car also yielded more of the regulated drug neatly tucked in
a Kleenex box. The accused refuted the charges. However, the Regional Trial Court of Pasig,
giving credence to the testimonies of the prosecution witnesses, found appellant Ang Chun Kit
also known as "Romy Ang" guilty of selling shabu in violation of Sec. 15, Art. III, R.A.No. 6425, as
amended, sentenced him to life imprisonment and ordered him to pay a fine of P30,000.00.
Hence this appeal. The accused maintains his innocence and faults the trial court in not holding
that the crime could not have been committed under the circumstances narrated by the
arresting officers and that the alleged buy-bust operation was a frame-up and the evidence
merely planted. He argues that the prosecution was not able to prove his guilt beyond
reasonable doubt since every piece of evidence presented against him is tainted with
constitutional infirmities.

ISSUE: WON conviction of Ang Chun Kit was proper?

HELD:With regard to the Booking Sheet and Arrest Report, we already said in People v. Morico
that “when an arrested person signs a Booking Sheet and Arrest Report at a police station he
does not admit the commission of an offense nor confess to any incriminating circumstance.
The Booking Sheet is merely a statement of the accused's being booked and of the date which
accompanies the fact of an arrest. It is a police report and may be useful in charges of arbitrary
detention against the police themselves. It is not an extra-judicial statement and cannot be the
basis of a judgment of conviction. “But as in the cases of Mauyao and Morico, accused Ang
Chun Kit's conformity to the questioned documents has not been a factor in his conviction since
his guilt has been adequately established by the detailed and unshaken testimonies of the
officers who apprehended him. Hence even disregarding the questioned documents we still
find the accused guilty beyond reasonable doubt of the crime charged. The alleged
inconsistencies do not detract from the established fact that the accused was caught in
flagrante delicto as a result of a buy-bust operation since the arresting agents were able to give
an otherwise clear and convincing account of the circumstances leading to the arrest of the
accused. And, in every prosecution for illegal sale of dangerous drugs what is material and
indispensable is the submission of proof that the sale of illicit drug took place between the
seller and the poseur-buyer

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