G.R. No. 140088 . November 13, 2002.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PHOEBE ASTUDILLO and KU SHO PING, accused-appellants.

FACTS

Accused-appellants Phoebe Astudillo and Ku Sho Ping were charged with violation of Republic Act No. 6425 (Dangerous Drugs Act) for selling, dispensing, delivering, transporting, or distributing 2,978.3 grams of Methylamphetamine Hydrochloride (shabu) without authority of law on May 20, 1998, in Manila. They pleaded not guilty. The prosecution evidence established that on May 15, 1998, P/Insp. Jean Fajardo received a report that a certain “Babes” (Astudillo) was looking for a shabu buyer. A meeting was arranged, and Astudillo agreed to sell three kilos of shabu for P2.1 million, with the transaction set for May 20, 1998, at a McDonald’s Restaurant in Divisoria. A buy-bust team was formed. During the operation, Astudillo and Ku Sho Ping met Fajardo at McDonald’s. Ku Sho Ping asked to see the buy-bust money, which was shown. Ku Sho Ping later returned with a plastic bag containing shabu. After Fajardo confirmed the contents, she handed over the attaché case with money to Astudillo and took the plastic bag. Fajardo then gave the pre-arranged signal, arrested the appellants, and confiscated the shabu. Astudillo managed to pass the attaché case to a Chinese-looking male who escaped. Forensic examination confirmed the substance was shabu. The defense presented alibis and denial. Astudillo claimed she was arrested while hailing a taxi after a failed meeting about a legal case, and that she did not know Ku Sho Ping. Ku Sho Ping, testifying through an interpreter, claimed she was arrested while buying vegetables and also denied knowing Astudillo or being at McDonald’s. The Regional Trial Court found them guilty and imposed the death penalty, citing the aggravating circumstance of the offense being committed by an organized or syndicated crime group.

ISSUE

The primary issue is whether the prosecution proved the guilt of accused-appellants beyond reasonable doubt for the illegal sale of dangerous drugs.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court found the testimonies of the prosecution witnesses, particularly P/Insp. Fajardo and PO1 Pedroza, to be credible and consistent, thereby establishing all elements of the illegal sale of shabu: (1) the identity of the buyer and seller, the object, and the consideration; and (2) the delivery of the thing sold and the payment. The defense of denial and alibi could not prevail over the positive identification by the police officers. The Court also ruled that the failure to present the confidential informant was not fatal to the prosecution’s case. However, the Court found that the aggravating circumstance of the offense being committed by an organized or syndicated crime group was not sufficiently proven, as the information did not allege it and the evidence only showed conspiracy between the two appellants, not a syndicate. Consequently, the death penalty was improper. Applying Republic Act No. 7659 , the penalty for the sale of 200 grams or more of shabu is reclusion perpetua to death. With no aggravating circumstance proven, the penalty was reduced to reclusion perpetua. The fine of P30,000.00 was affirmed.