GR 148822; (July, 2004) (Digest)
G.R. No. 148822 ; July 12, 2004
PEOPLE OF THE PHILIPPINES, appellee, vs. SAMROD PENDATUN y KASAN, et al., appellants.
FACTS
Appellants were convicted by the Regional Trial Court for selling 982.1 grams of shabu (methamphetamine hydrochloride) in a buy-bust operation in San Pedro, Laguna. The prosecution evidence established that a confidential agent informed the PNP Narcotics Group about a group of Muslim drug traffickers. A team was formed, with PO2 Wilfredo de Leon as the poseur-buyer. At the target area, appellants Canapi Ambalgan, Samrod Pendatun, and Richard Nuñez initially met with the poseur-buyer. After a brief negotiation where the appellants demanded to see the money, they left and later returned with their co-appellants Tarhata Salmore, Sarah Pendatun, Joven Casem, and Noel Lantikan. Joven Casem handed a plastic bag containing the shabu to Tarhata Salmore, who then passed it to PO2 De Leon. Upon examination and confirmation of the illicit contents, the pre-arranged signal was given, leading to the arrest of all seven appellants.
The appellants denied the charges, claiming they were victims of a frame-up. Tarhata Salmore testified they were on a trip to Laguna to visit relatives, carrying a bag of mangoes, and were forcibly taken from a restaurant area. Richard Nuñez and Noel Lantikan claimed they were merely using a restroom at a gasoline station when they were suddenly apprehended. They alleged maltreatment by the arresting officers and argued that the evidence was inadmissible.
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 found the testimonies of the prosecution witnesses, particularly that of PO2 De Leon, to be clear, consistent, and credible, thereby establishing all elements of the crime: the identity of the buyer and seller, the object and consideration, and the delivery of the illegal drug. The defense of frame-up and denial were deemed weak and unsubstantiated, especially when weighed against the positive identification by the police officers involved in the legitimate buy-bust operation. The Court held that the buy-bust operation was validly conducted, and the seizure of the drugs was incidental to a lawful arrest, as the contraband was voluntarily presented to the poseur-buyer. Allegations of maltreatment, while condemned, did not affect the admissibility of the independently obtained evidence proving the sale. The penalty of reclusion perpetua and a fine of P500,000 were affirmed, being the proper penalties for the sale of 200 grams or more of shabu under the law, with no mitigating or aggravating circumstances present.
