GR 144157; (June, 2003) (Digest)
G.R. No. 144157 ; June 10, 2003
PEOPLE OF THE PHILIPPINES, Appellee, vs. LOWELL SALUDES y DE GUZMAN @ “NONOY KALOG” and NELSON SUMALINOG (at large), Accused. LOWELL SALUDES y DE GUZMAN @ “NONOY KALOG”, Appellant.
FACTS
Appellant Lowell Saludes and his co-accused, Nelson Sumalinog, were charged with the illegal sale of marijuana. Based on a tip, a police team conducted a buy-bust operation. A poseur-buyer, SPO1 Bartolome Impuerto, met with the accused and arranged to buy marijuana. Later that evening at the agreed location, appellant and Sumalinog arrived carrying bags. Appellant opened his backpack to show the marijuana to Impuerto, who then gave the pre-arranged arrest signal. Appellant was apprehended, but Sumalinog escaped. The seized items were confirmed by forensic examination to be 1.691 kilograms of marijuana.
At trial, appellant denied the sale. He claimed he was merely buying a small amount of marijuana for personal use when he was accosted by armed men, forcibly taken, and framed. He disclaimed knowledge of the large volume of marijuana presented as evidence and of his co-accused’s bag.
ISSUE
Whether the prosecution proved appellant’s guilt for the illegal sale of dangerous drugs beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction. The Court upheld the legitimacy of the buy-bust operation and the credibility of the police witnesses. Appellant’s defense of frame-up was rejected for lack of clear and convincing evidence to support his allegation of police impropriety. The Court emphasized that the testimonies of law enforcers are accorded full faith and credit in the absence of proof of ill motive.
The elements of illegal sale of dangerous drugs were all established: (1) the identity of the buyer and seller, the object, and the consideration; and (2) the delivery of the thing sold and its payment. The poseur-buyer positively identified appellant as one of the sellers who delivered the marijuana. The forensic report conclusively established the nature and weight of the prohibited drug. The successful consummation of the sale during the entrapment operation was duly proven.
The penalty of reclusion perpetua imposed by the trial court was affirmed as appropriate for the sale of 1.691 kilograms of marijuana. However, the Supreme Court modified the decision by additionally sentencing appellant to pay a fine of One Million Pesos (P1,000,000.00), pursuant to the amendatory provisions of Republic Act No. 7659 .