G.R. No. 105285 June 3, 1993
People of the Philippines, plaintiff-appellee, vs. Renato Fider y Dimalanta, accused-appellant.

FACTS

Accused-appellant Renato Fider was charged, together with Ma. Sarah Garcia y Francisco de Domondon (who remained at large), with violation of the Dangerous Drugs Act. The information alleged that on or about February 27, 1990, in Baguio City, they conspired to sell and deliver 100 grams of methamphetamine hydrochloride (“shabu”) to NBI agents acting as poseur-buyers. The prosecution evidence, as summarized by the trial court, tended to establish that based on a tip, the NBI planned a buy-bust operation. The accused initially agreed to sell shabu for cash but later changed the deal to an exchange for two homemade handguns. Poseur-buyers Paul Laita and Artemio Panganiban entered the Domondon residence with the marked handguns. They exited a few minutes later without the guns but with shabu, which was the pre-arranged signal. The NBI team then swooped in, overcame resistance from Fider who closed the door (necessitating a warning shot), and inside recovered the two handguns and additional shabu and paraphernalia from Domondon’s room. The defense presented a different version. Fider claimed he was an interior designer who had renovated the Domondon house. On the night in question, he was invited to dinner to meet potential clients. After the guests left, he was helping clean up in the kitchen when armed men suddenly banged on the door, shot at it, barged in, handcuffed him, and searched the house without explaining his arrest. The trial court convicted Fider, sentencing him to life imprisonment and a fine, relying on direct and circumstantial evidence that he was caught in flagrante delicto.

ISSUE

Whether the prosecution proved the guilt of accused-appellant Renato Fider beyond reasonable doubt for the illegal sale of a regulated drug.

RULING

No. The Supreme Court REVERSED and SET ASIDE the trial court’s decision and ACQUITTED appellant Renato Fider for failure of the prosecution to prove his guilt beyond reasonable doubt. The Court found that the evidence presented was insufficient to establish that Fider conspired with Domondon in selling or delivering shabu to the poseur-buyers. The prosecution’s case rested heavily on the testimonies of the NBI team leader, Atty. Edward Villarta, and agent Atty. Bensheen Apolinar. However, both admitted they had no personal knowledge of the actual transaction inside the house, as they were positioned outside. The poseur-buyers, Paul Laita and Artemio Panganiban, who were the only witnesses who could have testified to the actual exchange, were not presented in court. The prosecution offered no explanation for this failure to present crucial witnesses. The recovery of the marked handguns and other shabu in Domondon’s room did not, by itself, prove Fider’s participation in the sale. The evidence did not rule out the reasonable possibility that Fider, as he claimed, was merely present in the house for a different purpose and was unaware of Domondon’s illegal activities. Conspiracy must be proven as convincingly as the crime itself, which was not done. The presumption of regularity in the performance of official duty by the NBI agents could not prevail over the constitutional presumption of innocence, as the prosecution did not discharge its burden of proof.