G.R. No. 103975 February 23, 1995
People of the Philippines, plaintiff-appellee, vs. Richard Zervoulakos, accused-appellant.

FACTS

Richard Zervoulakos was charged with the illegal sale of methamphetamine hydrochloride (shabu) under the Dangerous Drugs Act. The prosecution evidence established that on November 7, 1990, following a tip and surveillance, a buy-bust operation was conducted. Pat. Martin acted as the poseur-buyer. At around 12:30 a.m., appellant approached Martin in front of Rixon Restaurant in Makati and offered to sell shabu. Martin agreed and exchanged two marked one-hundred peso bills for a small plastic bag containing the substance. Upon the exchange, appellant was arrested by backup officers. Forensic analysis confirmed the substance was shabu weighing 0.2105 grams. The appellant presented a different version, claiming he was mistakenly arrested after buying pasalubong, that money was taken from him, and that police officers attempted to extort money for his release. The trial court convicted him and sentenced him to life imprisonment and a fine.

ISSUE

Whether the guilt of the accused-appellant for the illegal sale of dangerous drugs was proven beyond reasonable doubt.

RULING

Yes, the guilt of the accused-appellant was proven beyond reasonable doubt. The Supreme Court affirmed the conviction but modified the penalty. The prosecution successfully established all elements of illegal sale: the identities of the buyer and seller, the object (shabu), the consideration (marked money), and the delivery and payment. The positive identification by prosecution witnesses prevailed over the appellant’s bare denial. The alleged inconsistencies in the testimonies of prosecution witnesses were deemed minor and inconsequential. The testimony of a single credible witness, Pat. Martin, was sufficient to support conviction. However, applying the amendatory provisions of Republic Act No. 7659 , which are favorable to the accused and thus given retroactive effect, the penalty was reduced. Since the quantity of shabu involved was only 0.2105 grams (far less than the 200-gram threshold for the higher penalty), the proper penalty is prision correccional. Applying the Indeterminate Sentence Law, the appellant was sentenced to an indeterminate penalty of six months and one day of prision correccional as minimum to two years and four months of prision correccional as maximum. As the appellant had been detained since November 7, 1990, a period exceeding the maximum sentence, his immediate release was ordered.