G.R. No. 107327 August 5, 1994
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALLEN BASILGO Y CANONIGO, accused-appellant.

FACTS

Accused-appellant Allen Basilgo y Canonigo was charged with violation of Article II, Section 4 of Republic Act No. 6425 (Dangerous Drugs Act of 1972) for selling, delivering, and giving away 100 grams of marijuana. The prosecution evidence established that NARCOM Agent Johnny Arriesgado, acting on instructions, conducted surveillance on Basilgo on November 21, 1991. On November 22, Arriesgado proposed to buy marijuana from Basilgo, and they agreed on a sale for P250.00 on November 24. On that date, a buy-bust operation was conducted in Fatima Valley, Mandaue City. Arriesgado approached Basilgo’s house, reminded him of their agreement, and Basilgo went inside and returned with a packet of marijuana. After receiving the marijuana, Arriesgado gave Basilgo marked money and gave a pre-arranged signal, leading to Basilgo’s arrest by the NARCOM team. Additional marijuana was confiscated from Basilgo, and laboratory examination confirmed the substance was marijuana. Basilgo denied the charges, claiming he was at home preparing for church when Arriesgado and companions arrived, handcuffed him, searched his house, and forced him to unwrap a cement bag containing “grass.” The Regional Trial Court of Cebu, Branch 28, Mandaue City, found Basilgo guilty beyond reasonable doubt and sentenced him to life imprisonment and a fine of P20,000.00.

ISSUE

The primary issue is whether the trial court erred in finding Basilgo guilty of selling marijuana based on the evidence presented, and secondarily, whether the buy-bust operation constituted instigation rather than entrapment.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court upheld the trial court’s findings on the credibility of the prosecution witnesses, noting that their testimonies were positive and no improper motive was imputed to the arresting officers. The Court ruled that Basilgo was caught in flagrante delicto, and the buy-bust operation was a valid form of entrapment, not instigation, as the criminal intent originated from Basilgo, and the crime was consummated when he sold the marijuana to the poseur-buyer. Regarding the penalty, applying Sections 15 and 20 of Republic Act No. 6425 , as amended by R.A. No. 7659 , and following People v. Martin Simon, given that the marijuana sold weighed 100 grams and no aggravating or mitigating circumstances were present, the proper penalty is prision correccional in its medium period. Applying the Indeterminate Sentence Law, Basilgo was sentenced to an indeterminate prison term ranging from six (6) months of arresto mayor as minimum to two (2) years and four (4) months of prision correccional as maximum. The fine of P20,000.00 was deleted.