Criminal Law, 2015 Bar — Question IX-a

ESSAY

The Philippine Drug Enforcement Agency (PDEA) had intelligence reports about the drug pushing activities of Rado, but could not arrest him for lack of concrete evidence. SPO3 Relio, a PDEA team leader, approached Emilo and requested him to act as poseur-buyer of shabu and transact with Rado. Emilo refused, saying that he had completely been rehabilitated and did not want to have anything to do with drugs anymore. But he was prevailed upon to help when SPO3 Relio explained that only he could help capture Rado because he used to be his customer. SPO3 Relio then gave Emilo the marked money to be used in buying shabu from Rado. The operation proceeded. After Emilo handed the marked money to Rado in exchange for the sachets of shabu weighing 50 grams, and upon receiving the pre-arranged signal from Emilo, SPO3 Relio and his team members barged in and arrested Rado and Emilo, who were both charged with violation of R.A. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. A) What defense, if any, may Emilo invoke to free himself from criminal liability? Explain. (2.5%)

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