GR 101310; (May, 1993) (Digest)
G.R. No. 101310 May 28, 1993
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROMEO BAY y ATIENZA @ OMENG, accused-appellant.
FACTS
On January 23, 1991, based on information from an informant named Gina, a police team composed of Cpl. Tomas Abatayo, Pat. Ronnie Miranda, and Pfc. Eduardo Cabria conducted a “buy-bust” operation against accused-appellant Romeo Bay y Atienza @ Omeng in Pasay City. Pfc. Cabria acted as the poseur-buyer, using a marked P100-bill. Accompanied by Gina to appellant’s house, Cabria informed appellant he needed “panggamit” (shabu). Appellant asked how much, and upon Cabria’s reply of “One Peso” (meaning P100), appellant received the money and handed over a transparent plastic bag containing shabu. Cabria then gave a pre-arranged signal, leading to appellant’s arrest. The marked money was recovered from appellant’s pocket, and drug paraphernalia were seen inside the house. The substance was confirmed as methamphetamine hydrochloride. Appellant was charged and convicted for violating the Dangerous Drugs Act. Appellant denied the charges, claiming he was at home when police officers forcibly entered looking for a certain “Gil,” arrested him without a warrant, and demanded money for his release.
ISSUE
The main issues revolve around the credibility of the prosecution witnesses, the validity of the “buy-bust” operation, and whether the transaction constituted entrapment or instigation.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court found the testimonies of the prosecution witnesses credible and consistent, establishing the “buy-bust” operation as a legitimate entrapment. The defense of alibi was deemed weak against the positive identification by the police officers. The Court distinguished entrapment from instigation, ruling that the police merely provided the opportunity for appellant to commit the crime he was already predisposed to commit, as he had a ready supply of shabu for sale. The penalty was corrected from “reclusion perpetua” to “life imprisonment” as prescribed by the Dangerous Drugs Act, a special law.