G.R. No. 146470 November 22, 2002
PEOPLE OF THE PHILIPPINES, appellee, vs. MILA RAZUL y BASHIED, ROMA RAZUL y BASHIED and BAIRONA BANGKE y SARIP, accused, MILA RAZUL y BASHIED and ROMA RAZUL y BASHIED, appellants.

FACTS

Accused-appellants Mila Razul and Roma Razul, along with Bairona Bangke, were charged with violating Section 15 of Republic Act No. 6425 (The Dangerous Drugs Act of 1972), as amended, for the illegal sale of 212.15 grams of methylamphetamine hydrochloride (shabu). The prosecution’s evidence established that on December 6, 1998, a buy-bust operation was conducted by police officers from the Central Police District, Station I. After a briefing, SPO2 Wilfredo Red acted as the poseur-buyer, equipped with marked money, and waited with an informant at a gasoline station on Quirino Highway corner Baesa Road, Quezon City. At around 1:15 p.m., a taxi arrived carrying three persons, including the appellants. The informant introduced SPO2 Red to appellant Mila Razul as the buyer. SPO2 Red asked for P200,000.00 worth of shabu. Mila Razul then took a blue plastic bag from Roma Razul, handed over four plastic packets containing a white crystalline substance to SPO2 Red, and in exchange, SPO2 Red gave the “boodle bag” containing the buy-bust money to Roma Razul, who placed it in her red bag. Bairona Bangke also handed a small sachet of the substance to SPO2 Red as a “give away.” SPO2 Red then gave the pre-arranged signal, leading to the arrest of the appellants and Bangke. Chemistry examination confirmed the substance was shabu. The defense presented a different version, claiming they were merely accompanying Bangke to meet a customer named Ernie when they were accosted by armed men (the police), who shot Mila and stabbed Roma before bringing them to the hospital and later charging them.

ISSUE

1. Whether the court a quo erred in holding that there was a valid buy-bust operation conducted against the accused-appellants.
2. Whether the court a quo erred in holding that the accused are guilty beyond reasonable doubt of the crime of selling 212.15 grams of shabu.

RULING

The Supreme Court denied the appeal and affirmed the conviction. On the first issue, the Court held that the prosecution successfully established all elements of a legitimate buy-bust operation and proved the illegal sale beyond reasonable doubt. The essential elements for prosecuting illegal sale of shabu are: (1) the identity of the buyer and seller, the object, and the consideration; and (2) the delivery of the sold item and payment. These were proven through the credible, consistent, and categorical testimony of SPO2 Red, the poseur-buyer, who positively identified the appellants as the sellers and detailed the transaction. The alleged minor inconsistencies in the testimonies of the police officers regarding the place where the suspects alighted and vehicle issues were deemed trivial and did not affect the core facts of the sale. The presumption of regularity in the performance of official duties by the police officers stood unrebutted, and the defense failed to prove any ill motive for the officers to falsely testify. The defense’s alternative story was found unconvincing and unsupported by evidence. On the second issue, the Court affirmed the trial court’s finding of guilt. The corpus delicti was duly presented and identified in court. The appellants were sentenced to reclusion perpetua and a fine of Ten Million Pesos each, in accordance with the law.