G.R. No. 123541 February 8, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DIOLO BARITA y SACPA, DENVER GOLSING y DELFIN, DIONISIO CUISON y FONTANILLA, accused-appellants.

FACTS

Accused-appellants Diolo Barita, Denver Golsing, and Dionisio Cuison were charged with the illegal sale of marijuana under the Dangerous Drugs Act. The prosecution evidence established that a buy-bust operation was conducted on June 9, 1994, in Baguio City. Acting on a tip, a police team designated PO3 Teofilo Juanata as the poseur-buyer. With a civilian informant, Juanata contacted accused Cuison, a taxi driver identified as the middleman “Jun.” Cuison brought them to Justice Village, where he introduced Juanata to accused Barita and Golsing as a buyer. Juanata ordered three kilograms of marijuana, priced at P800 per kilo. Barita and Golsing left and returned with a plastic bag containing the marijuana. After Juanata examined the contents, he handed over marked boodle money and gave the pre-arranged signal, leading to the immediate arrest of all three accused and the seizure of the drugs.
The accused denied the charges, claiming they were framed. Barita and Golsing alleged they were merely at the location for other reasons—Barita to collect a debt and Golsing to visit a friend—and were forcibly taken by the police. Cuison, the taxi driver, claimed he was merely hired to drive the poseur-buyer and informant and was unaware of any drug transaction. They asserted that the police failed to present the civilian informant as a witness and that the evidence was tampered with.

ISSUE

Whether the prosecution proved the guilt of the accused beyond reasonable doubt for the illegal sale of marijuana.

RULING

Yes. The Supreme Court affirmed the conviction. The core issue of the accused’s denial and alibi against the positive identification by the police officers was resolved in favor of the prosecution. In buy-bust operations, the testimonies of law enforcers involved are accorded credence in the absence of evidence showing ill motive to falsely testify. The detailed and consistent testimonies of the buy-bust team clearly established all elements of the crime: the identities of the seller and buyer, the object and consideration, and the delivery of the illegal drugs. The accused were caught in flagrante delicto.
The Court found the defenses of denial and frame-up unconvincing and self-serving, as they were not substantiated by clear and convincing evidence. The non-presentation of the civilian informant was not fatal, as his testimony would have been merely corroborative. The integrity of the seized marijuana was preserved, as the officers immediately marked the evidence upon confiscation. The collective actions of all three accused—Cuison as the middleman who facilitated the contact and transport, and Barita and Golsing as the suppliers who delivered the drugs—demonstrated conspiracy, making each liable as a principal. The penalty of reclusion perpetua and the fine were upheld as proper under the law for the sale of 2,800 grams of marijuana.