GR 115430; (November, 1995) (Digest)
G.R. No. 115430 November 23, 1995
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ELIZABETH GANGUSO Y DECENA, accused-appellant.
FACTS
Accused-appellant Elizabeth Ganguso was convicted by the Regional Trial Court of Pasay City for violation of Section 15, Article III of R.A. No. 6425 (sale of shabu) and illegal possession of a firearm under P.D. No. 1866. The prosecution’s evidence stemmed from a buy-bust operation on November 26, 1992. A police informant pointed out “Beth Tomboy” (Ganguso) to PO3 Dennis Vermug, who acted as poseur-buyer. Vermug claimed he handed Ganguso a marked P500 bill, after which she went to an alley, returned with an aluminum foil packet containing shabu, and handed it to him. Upon her arrest, a subsequent frisk allegedly yielded a .38 caliber “paltik” revolver from her person. The defense presented a different version, asserting that police officers barged into Ganguso’s house without a warrant, found nothing, and brought her to the station where she was framed.
ISSUE
The core issues were: (1) whether the prosecution proved beyond reasonable doubt the illegal sale of dangerous drugs and the illegal possession of a firearm; and (2) whether the warrantless arrest and search were valid.
RULING
The Supreme Court modified the trial court’s decision. It sustained the conviction for the illegal sale of shabu but acquitted Ganguso for illegal possession of a firearm. For the drug charge, the Court found the prosecution evidence sufficient. The buy-bust operation was legitimate, and the detailed testimonies of the police officers on the sale transaction were credible and consistent. The shabu was presented in court, and a forensic report confirmed it was methamphetamine hydrochloride. The defense of denial and frame-up could not overcome this positive evidence.
However, the Court acquitted Ganguso of the firearm charge on grounds of reasonable doubt. The evidence for possession was inconsistent and unreliable. The arresting officer, SPO2 Lumapat, testified he felt a “hard object” during the frisk and assumed it was a .38 caliber gun, but the team leader, SPO3 Fucanan, stated he only saw and identified the gun later at the office. The Court found it incredulous that Ganguso would carry a rusty, makeshift revolver tied with wire in her waistline without any prior derogatory record. The prosecution failed to establish an unbroken chain of custody or provide a credible, consistent account of the firearm’s discovery and seizure, creating reasonable doubt as to its alleged possession at the time of arrest.