G.R. No. 141400; September 6, 2001
PEOPLE OF THE PHILIPPINES, appellee, vs. EVANGELINE GANENAS y URBANO, appellant.

FACTS

The District Police Intelligence Unit (DPIU) of Camp Karingal, Quezon City, received information that spouses Edgardo and Evangeline Ganenas were engaged in selling illegal drugs. After verification and surveillance, an entrapment team was formed. PO3 Orlando Herrera was designated as the poseur-buyer, with marked money consisting of two genuine and six fake five hundred-peso bills. The buy-bust operation was set for 6:00 p.m. under an overpass bridge on Camachile Road, Quezon City. PO3 Herrera, introduced by a confidential informant, met appellant Evangeline Ganenas. Appellant demanded payment first; PO3 Herrera handed the marked money, and appellant handed over two bricks of suspected dried marijuana leaves wrapped in newspaper. Upon the exchange, PO3 Herrera arrested appellant and recovered the marked money from her. Backup officers witnessed the transaction. Appellant then led the team to her residence in Caloocan City, where nine more bricks of suspected marijuana were found and seized. Laboratory examination confirmed all eleven bricks were positive for marijuana. Appellant was charged with violating Section 4, Article II of R.A. 6425 (Dangerous Drugs Act of 1972), as amended. The Regional Trial Court found her guilty beyond reasonable doubt and sentenced her to reclusion perpetua and a fine of one million pesos. Appellant appealed, raising the defense of denial and frame-up, alleging that PO3 Herrera, a cousin of her husband, had a prior altercation with him and fabricated the charge.

ISSUE

Whether the prosecution proved the guilt of appellant Evangeline Ganenas beyond reasonable doubt for the illegal sale of marijuana.

RULING

The Supreme Court affirmed the conviction. The prosecution successfully established all elements of illegal sale of dangerous drugs: (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 PO3 Herrera and the backup officers were consistent, credible, and constituted an unbroken chain of events from the entrapment to the arrest and seizure. The defense of denial and frame-up was rejected for lack of clear and convincing evidence to overcome the presumption that the police officers regularly performed their duty. The Court upheld the trial court’s factual findings and credibility assessments, emphasizing that in drug cases, the factual findings of the trial court are accorded great weight and respect. The penalty of reclusion perpetua and the fine of one million pesos were affirmed as appropriate under the law.