Question

The police officers received confidential information that Larry was engaged in illegal drug trade activities. The authorities organized an entrapment operation and designated PO1 Miguel as poseur buyer. The operatives proceeded to the target area. The confidential informant introduced PO1 Miguel to Larry who intended to buy PHP 1,000.00 worth of shabu. Larry demanded payment but PO1 Miguel insisted that he should see the item first. Larry then took out a sachet from his pocket. PO1 Miguel wasted no time and executed the pre-arranged signal. The operatives rushed to the scene, arrested Larry, and seized the sachet. The confiscated item tested positive for shabu. Accordingly, Larry was charged with and convicted of illegal sale of dangerous drugs under Section 5 of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002. Larry appealed and argued that he is not criminally liable for illegal sale of dangerous drugs because there was no meeting of minds between him and PO1 Miguel as to the object and price of the transaction. Is Larry liable for violation of Republic Act No. 9165 even if the sale of dangerous drugs was not consummated? Explain. (2024 BAR)

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