G.R. No. 103631 June 8, 1993
People of the Philippines, plaintiff-appellee, vs. Felipe Ramos y Cruz, accused-appellant.

FACTS

On March 8, 1991, the police Narcotics Command (NARCOM) received information that accused-appellant Felipe Ramos y Cruz was selling “shabu” at his residence in Pasig, Metro Manila. A police team was formed to conduct a buy-bust operation, with Police Officer Sol Otto designated as the poseur-buyer and furnished with a marked hundred-peso bill. The team arrived at Ramos’s house around 8:30 p.m. The police informer and PO3 Sol Otto knocked, and after peeping from a second-floor window, Ramos opened the door and let them in. Inside, the informer introduced Otto as a “shabu” user wanting to make a purchase. Otto told Ramos he wanted to buy P100 worth of “shabu” and gave him the marked money. Ramos took the money, went upstairs, and upon returning, gave Otto a packet of crystalline powder. Otto then introduced himself as a NARCOM agent and arrested Ramos. The informer gave the pre-arranged signal, and the rest of the team entered. Sgt. Logan handcuffed Ramos, while Sgt. Marino Gumbay retrieved the marked money from Ramos’s wallet. The seized packet, upon laboratory examination, was found positive for methamphetamine hydrochloride (shabu). Ramos was charged with violating Section 15, Article III of R.A. No. 6425 (Dangerous Drugs Act). At trial, Ramos denied the sale, claiming that around 8:30 p.m., while receiving a manicure from Violeta Belmonte and having a beer with a friend, armed men barged into his house after he opened the door, searched for shabu but found none, and forcibly took him to Camp Crame. The trial court gave credence to the prosecution witnesses, convicted Ramos, and sentenced him to life imprisonment and a P20,000 fine.

ISSUE

Whether the evidence presented by the prosecution is sufficient to prove the guilt of accused-appellant Felipe Ramos y Cruz for the illegal sale of a regulated drug beyond reasonable doubt.

RULING

Yes. The Supreme Court affirmed the trial court’s decision. The prosecution evidence, particularly the positive testimony of PO3 Sol Otto, the poseur-buyer, established the consummation of the illegal sale wherein Ramos received the marked money and delivered the packet of shabu. The Court upheld the presumption of regularity in the performance of official duties by the NARCOM agents, finding no improper motive. The minor discrepancies in the testimonies of prosecution witnesses were deemed not to affect their credibility on material points. The bare denial and claim of being framed by the accused-appellant could not overcome the clear and positive evidence of the prosecution. The warrantless arrest and search were also deemed valid as they were conducted during the commission of the crime and incidental to a lawful arrest.