GR 172092; (December, 2009) (Digest)
G.R. No. 172092, December 16, 2009.
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. JOEY TION y CABADDU, Accused-Appellant.
FACTS
An Information dated August 18, 1999, charged Joey Tion y Cabaddu, Ronald Diaz y Gario, and Allan Letan y Diaz with violation of Section 4, Article II of Republic Act No. 6425, as amended, for selling, distributing, and/or delivering 5.2 kilos of marijuana to police operatives in Aparri, Cagayan, on March 4, 1999. All accused pleaded not guilty. The prosecution presented police officers who testified that a test buy operation was conducted on March 2 and 3, 1999, leading to a negotiated sale of five kilos of marijuana. On March 4, 1999, accused-appellant Joey Tion, along with Allan Letan and Ronald Diaz, arrived at the designated delivery place. Joey handed a black bag containing bricks of marijuana to poseur-buyer Police Inspector Marlo Castillo. Upon a pre-arranged signal, the arresting team apprehended the three. The confiscated substance was confirmed to be marijuana per Physical Science Report No. D-53-99. The defense, primarily through Joey Tion’s testimony, claimed instigation, alleging that the police officer induced him to source the marijuana by providing marked money as advance payment. The Regional Trial Court convicted Joey Tion but acquitted his co-accused. The Court of Appeals affirmed the conviction.
ISSUE
Whether the accused-appellant Joey Tion y Cabaddu is guilty beyond reasonable doubt of violating Section 4, Article II of Republic Act No. 6425, as amended (the Dangerous Drugs Act of 1972), for the illegal sale of marijuana.
RULING
The Supreme Court affirmed the conviction. The elements of illegal sale of dangerous drugs were established: (1) the identity of the buyer and seller, object, and consideration; and (2) the delivery of the thing sold and the payment. The prosecution proved that a legitimate buy-bust operation occurred, with Police Inspector Castillo as the poseur-buyer and Joey Tion as the seller who delivered 5.2 kilos of marijuana. The defense of instigation was rejected, as the evidence showed the police merely employed a ruse to catch a drug pusher already engaged in illegal activity, which constitutes entrapment, not instigation. The chain of custody of the seized drugs was also preserved. The Court upheld the penalty of reclusion perpetua and a fine of Five Hundred Thousand Pesos (PhP 500,000) imposed by the lower courts.