GR 110260; (August, 1994) (Digest)
G.R. No. 110260 August 11, 1994
The People of the Philippines vs. Jose Vivar y Payabyab
FACTS
Accused-appellant Jose Vivar was charged with violating Section 15, Article III of R.A. No. 6425 (The Dangerous Drugs Act) for selling methamphetamine hydrochloride or “shabu” to PO3 Nicanor Diaz during a buy-bust operation in Dasmariñas, Cavite. The prosecution evidence established that based on surveillance, a police team conducted the operation where PO3 Diaz acted as poseur-buyer. Diaz approached Vivar, handed him a marked P100 bill, and in exchange, received a small packet of shabu. Upon Diaz’s pre-arranged signal, the team arrested Vivar and recovered the marked money. Forensic examination confirmed the substance was shabu.
The defense consisted solely of Vivar’s denial. He claimed the police officers arrived at his yard, and after an informant threw a P100 bill toward him, they arrested him without cause. He denied selling any illegal drugs. The trial court found the prosecution’s evidence credible, convicted Vivar, and sentenced him to life imprisonment and a fine.
ISSUE
Whether the trial court erred in convicting the accused based on the evidence presented.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court upheld the trial court’s assessment of credibility, ruling that the positive identification by the police officers, who were presumed to have performed their duties regularly in the absence of proof of ill motive, prevailed over the accused’s bare denial. The testimonies of the arresting officers were straightforward and consistent, detailing the buy-bust operation. The defense’s arguments regarding the lack of a prior formal complaint, a mission order, and alleged inconsistencies in testimonies were insufficient to overturn the conviction.
However, applying the retroactive effect of R.A. No. 7659 , which amended the penalties for drug offenses, and following the precedent in People v. Simon, the Court modified the sentence. Given the minute quantity of shabu (0.0723 grams) and the absence of aggravating or mitigating circumstances, the proper penalty was prision correccional in its medium period. Applying the Indeterminate Sentence Law, Vivar was sentenced to an indeterminate penalty of six months of arresto mayor as minimum to two years and four months of prision correccional as maximum. The fine was deleted.