G.R. No. 82373 . April 17, 1989.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MODESTO LAMOG y CUTAY, COLASA ALIGA y CABBEY, FLORENCE SACUCHANG y KIOWA, accused-appellants.

FACTS

An information charged appellants Modesto Lamog, Colasa Aliga, and Florence Sacuchang with conspiracy to sell marijuana. The prosecution evidence established that on January 21, 1986, a police team conducted an entrapment operation. Posing as a buyer, CIC Oscar Parajas, accompanied by an informer, met Lamog at the Baguio Slaughterhouse Compound. Lamog agreed to sell ten kilos of marijuana and led Parajas to Aliga’s house at Holy Ghost Hill Extension. Aliga stated she had only two kilos but that Sacuchang, living next door, had more. Lamog fetched Sacuchang, who brought eleven additional kilos. Upon Parajas flashing the entrapment money as payment, he gave the pre-arranged signal, leading to the arrest of all three appellants and the confiscation of 12.6 kilos of marijuana.
The Regional Trial Court convicted Lamog of attempted illegal sale of marijuana, sentencing him to life imprisonment and a fine. However, it convicted Aliga and Sacuchang only of the lesser offense of illegal possession, imposing indeterminate prison terms. All accused appealed, maintaining their innocence and claiming the evidence was insufficient.

ISSUE

Whether the trial court erred in convicting appellants Aliga and Sacuchang of illegal possession instead of finding them guilty as co-conspirators in the attempted sale of marijuana alongside appellant Lamog.

RULING

The Supreme Court affirmed Lamog’s conviction but modified the convictions of Aliga and Sacuchang. The Court found the testimonies of the police officers credible and entitled to the presumption of regularity in the performance of duty. The evidence clearly established a concerted effort to sell marijuana. Lamog acted as the broker or agent, negotiating the sale and leading the buyer to the suppliers. Aliga and Sacuchang were not mere possessors; they were active participants. Aliga indicated her available stock and identified Sacuchang as having additional supply, while Sacuchang personally delivered the marijuana to complete the transaction. Their coordinated actions demonstrated a common purpose to sell the prohibited drug.
Consequently, all three appellants were co-principals in the crime of attempted illegal sale of marijuana under Section 4, in relation to Section 21(b), of the Dangerous Drugs Act. The law imposes the same penalty for an attempt as for the consummated sale. The Court emphasized the severity of the penalty, reflecting the grave societal menace posed by drug peddlers. Thus, the Supreme Court sentenced Aliga and Sacuchang to suffer the penalty of life imprisonment and to pay a fine of P20,000 each, consistent with Lamog’s sentence.