GR 94977; (May, 1993) (Digest)
G.R. No. 94977 May 17, 1993
People of the Philippines, plaintiff-appellee, vs. Gilberto Yumang, accused-appellant.
FACTS
On February 25, 1990, an informer reported to the Kalookan City Police that accused-appellant Gilberto Yumang was selling marijuana. A buy-bust team was organized, with Police Aide Francisco Garcia posing as the buyer using a marked P10.00 bill. The team proceeded to Buklod ng Nayon Street. While other team members positioned themselves as lookouts, Garcia approached Yumang and asked to buy marijuana cigarettes. Yumang handed three cigarette sticks to Garcia, who verified the contents as marijuana leaves. Garcia then arrested Yumang. The seized items were marked, submitted to the NBI for examination, and yielded positive results for marijuana. An information was filed charging Yumang with violation of Section 4, Article II of R.A. 6425 (Dangerous Drugs Act). The prosecution presented the testimonies of the apprehending officers and the evidence custodian, along with the forensic report and the marijuana cigarettes as corpus delicti. The accused denied the charge, claiming he was arbitrarily arrested while at his aunt’s store, but offered no corroboration for his testimony.
ISSUE
Whether the accused-appellant is guilty beyond reasonable doubt of the illegal sale and delivery of marijuana.
RULING
Yes. The Supreme Court affirmed the trial court’s decision convicting Gilberto Yumang. The Court held that the essential elements of the illegal sale of marijuana were established through the clear, positive, and corroborated testimonies of the buy-bust team members who witnessed the transaction. The defense of denial could not prevail over this evidence. The non-presentation of the buy-bust money was not indispensable for conviction, as the sale was adequately proven by eyewitness testimony and the actual delivery of the prohibited drug. The buy-bust operation was a valid entrapment, and the warrantless arrest was lawful as the accused was caught in flagrante delicto. The trial court’s findings on witness credibility were accorded respect. The penalty imposed by the trial court—life imprisonment and a fine of P30,000.00—was affirmed.