GR 145348; (June, 2004) (Digest)
G.R. No. 145348 ; June 14, 2004
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ZENG HUA DIAN alias “Chan Chang Hua Tian” a.k.a. “Bobong Chua” and YANG YAN GIOU alias “Jackson Yu and Jackson Yang,” defendants-appellants.
FACTS
Appellants, Chinese nationals, were charged with the illegal sale of methamphetamine hydrochloride (shabu) under the Dangerous Drugs Act. The prosecution’s evidence established that on April 16, 1999, a police poseur-buyer, SPO2 Salim Sahaji, conducted an initial test buy of shabu worth ₱100 from appellant Zeng Hua Dian at a pension house in Zamboanga City. After the substance tested positive, a buy-bust operation was planned for a larger purchase. That same evening, the poseur-buyer returned and consummated the sale of eight plastic packs of shabu for ₱200,000 in marked boodle money. Upon the pre-arranged signal, the police team arrested the appellants and confiscated the drugs, which were later confirmed to be 389.2963 grams of shabu.
The Regional Trial Court convicted both appellants of violating Section 15, Article III of R.A. No. 6425 , as amended, and sentenced each to reclusion perpetua and an ₱800,000 fine. On appeal, the appellants challenged the credibility of the police operation and the integrity of the evidence.
ISSUE
Whether the prosecution proved the guilt of the appellants beyond reasonable doubt for the illegal sale of dangerous drugs.
RULING
Yes, the Supreme Court affirmed the conviction. The Court emphasized that the factual findings of the trial court on the credibility of witnesses are accorded high respect. For a successful prosecution of illegal sale, two elements must be established: (1) the identity of the buyer, seller, object, and consideration; and (2) the delivery of the drugs and payment. The prosecution clearly proved these elements through the consistent testimonies of the police officers, particularly the poseur-buyer who positively identified the appellants as the sellers. The detailed account of the initial test buy, the subsequent negotiation, and the consummated sale during the buy-bust operation was credible and straightforward.
Furthermore, the corpus delicti was preserved. The seized drugs were properly marked, submitted for laboratory examination, and positively identified in court as shabu. The chain of custody was not broken. Given the quantity of 389.2963 grams, the penalty of reclusion perpetua and the imposed fine were correct under the law, as no modifying circumstances attended the crime. The defense of denial and frame-up, unsupported by clear evidence, could not prevail over the positive identification by the police.