GR 152848; (July, 2006) (Digest)
G.R. No. 152848 ; July 12, 2006
Teresita Suson y Banzon and Antonio Fortich y Silang, petitioners, vs. People of the Philippines, respondent.
FACTS
Petitioners Teresita Suson and Antonio Fortich were charged with the illegal sale of shabu under Republic Act No. 6425 . The prosecution’s evidence established that a buy-bust operation was conducted on April 12, 1996, in Danao City. After prior surveillance, SPO2 Alicia Patiño acted as poseur-buyer. Suson, after receiving marked money, went inside her house. Fortich later emerged and handed three packs of shabu to Patiño. Upon her signal, arresting officers apprehended Fortich. A subsequent search of Suson’s house, via a warrant, led to her arrest and the recovery of part of the marked money.
Petitioners denied the occurrence of the buy-bust, claiming the evidence was planted. The Regional Trial Court convicted them of illegal sale, a decision affirmed by the Court of Appeals. They elevated the case to the Supreme Court, arguing the appellate court gravely abused its discretion.
ISSUE
Whether the Court of Appeals erred in affirming petitioners’ conviction for illegal sale of dangerous drugs.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court held that all elements of illegal sale of dangerous drugs were proven: (1) the identity of the buyer and seller, the object, and the consideration; and (2) the delivery of the drugs and payment. The testimony of poseur-buyer SPO2 Patiño, corroborated by other officers, clearly established the transaction where Fortich delivered the shabu after Suson received the payment. The presentation of the seized drugs and the forensic confirmation that they were methamphetamine hydrochloride constituted the corpus delicti.
The defense of denial and frame-up was rejected as inherently weak and unsubstantiated by clear evidence. Such defenses are common and easily concocted in drug cases. The positive identification by the police officers, who were presumed to have performed their duties regularly, prevailed over the petitioners’ bare allegations. The recovery of marked money from Suson further corroborated the sale. Consequently, the finding of guilt beyond reasonable doubt was upheld. However, the penalty was modified to an indeterminate sentence of six months of arresto mayor, as minimum, to four years and two months of prision correccional, as maximum, for the sale of 0.7 grams of shabu, in accordance with applicable law and jurisprudence.