G.R. No. 127580 ; August 22, 2000
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ZHENG BAI HUI @ CARLOS TAN TY and NELSON HONG TY @ SAO YU, accused-appellants.

FACTS

Accused-appellants Zheng Bai Hui (Carlos Tan Ty) and Nelson Hong Ty (Sao Yu) were charged with the illegal sale of 992.30 grams of methamphetamine hydrochloride or shabu. The prosecution evidence established that a police informant arranged a transaction between an undercover officer, SPO3 Gilbert Santos, and appellant Carlos Tan Ty. An agreement was made to buy one kilo of shabu for P500,000, with the meeting set at a Mercury Drug Store in Caloocan City. During the buy-bust operation, SPO3 Santos, acting as poseur-buyer, handed over boodle money to Carlos Tan Ty. In exchange, Nelson Hong Ty handed Santos a blue plastic bag containing the shabu. Upon verification of the substance, the arresting team moved in and apprehended the appellants. The seized item was later confirmed by forensic examination to be shabu. The Regional Trial Court convicted both accused and imposed the death penalty.
The defense presented a different narrative, claiming they were victims of a frame-up. They alleged they were at the location to inquire about a car for sale from the informant, not to sell drugs. They testified that they were suddenly arrested, manhandled, and detained without the alleged shabu being presented to them at the scene. They denied any participation in a drug transaction, asserting the evidence was fabricated.

ISSUE

The core issue is whether the prosecution proved the guilt of the accused for the illegal sale of dangerous drugs beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court found the prosecution successfully established all elements of illegal sale: (1) the identity of the buyer and seller, the object, and the consideration; and (2) the delivery of the thing sold and the payment. The testimonies of the police officers, particularly the poseur-buyer, were credible, consistent, and constituted an unbroken chain of events from the negotiation to the arrest and seizure. The defense of frame-up was rejected for lack of clear and convincing evidence; mere denial cannot prevail over positive identification. The Court upheld the integrity of the seized drugs, noting the officers complied with the standard procedure of marking the evidence immediately after confiscation to preserve its identity.
However, the death penalty was reduced to reclusion perpetua. The Court applied the ruling in People vs. Simon, which held that the provisions of the Revised Penal Code, including the Indeterminate Sentence Law, suppletorily apply to the Dangerous Drugs Act. Since the quantity of shabu involved (992.30 grams) is within the range of 750 grams to 999.99 grams, the proper penalty under the law is reclusion perpetua, not death. The presence of conspiracy was evident from their coordinated actions during the transaction, warranting equal liability.