GR 177237; (October, 2008) (Digest)
G.R. No. 177237 , October 17, 2008
William Ching, petitioner, vs. People of the Philippines, respondent.
FACTS
On October 19, 1998, a police team from Camp Crame, acting on information from a confidential informant, conducted a buy-bust operation against petitioner William Ching. SPO1 Alfredo F. Cadoy was designated as the poseur-buyer. The team proceeded to a gasoline station along San Fernando Street, Binondo, Manila. The confidential informant introduced SPO1 Cadoy to Ching, who was carrying a green Prudential Bank bag. Ching asked to see the money, and after SPO1 Cadoy showed him the marked money inside an attachΓ© case, Ching handed over the green bag, saying “Ito na ang tatlong kilo.” The bag contained three plastic packs of white crystalline substance. SPO1 Cadoy then handed the attachΓ© case to Ching, gave the pre-arranged signal, and arrested him. The substance was later confirmed by forensic chemist Marilyn D. Dequito to be 3,076.26 grams of methamphetamine hydrochloride or shabu. Ching was charged with violating Section 15, Article III of Republic Act No. 6425 (Dangerous Drugs Act). At trial, the prosecution presented the testimonies of the police officers involved and the forensic chemist. The defense presented Ching and several witnesses, alleging that he was forcibly taken from his sister’s apartment on PeΓ±aranda Street, Binondo, by men in civilian clothes who tortured him and demanded money, and that the buy-bust story was fabricated. The Regional Trial Court found Ching guilty, a decision affirmed by the Court of Appeals.
ISSUE
Whether the Court of Appeals erred in affirming the conviction of William Ching for violation of Section 15, Article III of Republic Act No. 6425 , as amended.
RULING
The Supreme Court denied the petition and affirmed the decision of the Court of Appeals. The Court held that the prosecution successfully established all elements of the illegal sale of dangerous drugs: (1) the identity of the buyer and seller, the object, and the consideration; and (2) the delivery of the thing sold and the payment. The testimonies of the police officers, particularly the poseur-buyer SPO1 Cadoy, were credible, consistent, and constituted sufficient evidence to prove the illegal sale. The defense of denial and frame-up was rejected for being inherently weak and unsupported by clear and convincing evidence. The alleged inconsistencies in the testimonies of the prosecution witnesses were deemed minor and did not affect their credibility. The chain of custody of the seized drugs was preserved, and the forensic chemist’s report confirmed the substance to be shabu. The penalty of reclusion perpetua and a fine of β±3,000,000.00 imposed by the trial court was affirmed as proper.
