G.R. No. 200797 , January 12, 2015
People of the Philippines, Plaintiff-Appellee, vs. Manolito Opiana y Tanael, Accused-Appellant.

FACTS

On April 8, 2008, Makati police and MADAC operatives conducted a buy-bust operation in Brgy. Guadalupe Viejo, Makati City, based on reports that appellant Manolito Opiana was engaged in illegal drug trade. MADAC operative Sherwin Sydney Serrano acted as the poseur-buyer. After being introduced by an informant, appellant negotiated the sale of ₱300.00 worth of shabu. Serrano gave the marked money, and appellant handed over a heat-sealed sachet containing a white crystalline substance. Upon the pre-arranged signal, appellant was apprehended. A body search yielded 19 additional heat-sealed sachets. Laboratory examination confirmed all 20 sachets contained methylamphetamine hydrochloride (shabu). Appellant denied the charges, claiming he was mistakenly arrested while repairing a vehicle, as he was known as “Noli Mekaniko” and not the drug peddler “Noli” being targeted.

ISSUE

Whether the Court of Appeals correctly affirmed the Regional Trial Court’s decision convicting appellant of violations of Section 5 (sale) and Section 11 (possession) of Article II of Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002).

RULING

Yes, the Supreme Court affirmed the conviction with modification. The prosecution satisfactorily established all elements for illegal sale of dangerous drugs: the identities of the buyer and seller, the object and consideration, and the delivery and payment. The corpus delicti was presented in court, and the integrity and evidentiary value of the seized drugs were preserved. For illegal possession, the prosecution proved appellant was in possession of 0.74 grams of shabu without legal authority, and he freely and consciously possessed it. The penalty for the sale was modified to life imprisonment without eligibility for parole and a fine of ₱500,000.00. The penalty for possession was affirmed as imprisonment of twelve (12) years and one (1) day to fourteen (14) years and eight (8) months and a fine of ₱300,000.00.