GR 108176; (February, 1994) (Digest)
G.R. No. 108176 February 14, 1994
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RONITO PONSICA y PUEBLAS, accused-appellant.
FACTS
Accused-appellant Ronito Ponsica y Pueblas was charged with violating Section 15, Article III of Republic Act No. 6425 (Dangerous Drugs Act) for selling and delivering one pack of shabu (methamphetamine hydrochloride) without authority. The prosecution’s evidence established that on January 4, 1992, a Narcom “buy-bust” team, after surveillance initiated on January 1, 1992, based on complaints that Ponsica was openly selling shabu in Carbon Market, Cebu City, conducted an operation. SPO2 Hermes Recla, acting as poseur-buyer, approached Ponsica in a small alley, told him he wanted to buy P200 worth of shabu, and handed him two marked P100 bills. Ponsica accepted the money, left, returned, and gave Recla a small brown package. Upon confirming it contained shabu, Recla gave the pre-arranged signal, and Ponsica was arrested. The marked money was recovered from his right pants pocket. The substance was confirmed as shabu by the PNP Crime Laboratory. Ponsica’s defense was instigation, claiming he merely acted as an errand boy for a certain Cesar upon the request of SPO2 Recla, who asked him to locate Cesar to buy “bato” (stone), and that the money recovered was from his mother for his sick child, not marked money.
ISSUE
Whether the trial court erred in finding that there was a valid buy-bust operation and in convicting the accused-appellant.
RULING
The Supreme Court affirmed the trial court’s decision, finding Ponsica guilty beyond reasonable doubt. The Court held that the operation was a legitimate buy-bust, not instigation. The surveillance prior to the operation showed Ponsica was already engaged in selling shabu, needing no inducement. The detailed testimonies of the arresting officers were credible and consistent, establishing that Ponsica received the marked money, delivered the shabu, and had the money recovered from him. His denial and inconsistent claims about the amount of money he possessed were unconvincing. The Court also ruled that a buy-bust operation does not require the simultaneous exchange of money and drugs (“kaliwaan”); the crime of illegal sale is consummated upon the completion of the sale transaction. No irregularities in the operation were found to exculpate the accused. The penalty of life imprisonment and a P25,000 fine was upheld.