G.R. No. 181039 ; January 31, 2011
PEOPLE OF THE PHILIPPINES, Appellee, vs. SEVILLANO DELOS REYES y LANTICAN, Appellant.

FACTS

On January 22, 2003, two separate Informations were filed against appellant Sevillano delos Reyes for violation of Republic Act No. 9165 . In Criminal Case No. 10733-2003-C, he was charged with illegal sale of dangerous drugs for selling one folded aluminum foil strip containing 0.04 grams of methamphetamine hydrochloride to a poseur-buyer on October 16, 2002, in Los Baños, Laguna. In Criminal Case No. 10734-2003-C, he was charged with illegal possession of five similar foil strips containing 0.80 grams of the same drug. Appellant pleaded not guilty to both charges. During pre-trial, the parties stipulated that appellant was the person charged and that he was arrested at about 12:30 p.m. on October 16, 2002, at Sitio Tagpuan, Bayog, Los Baños, Laguna.
The prosecution’s case, established primarily through the testimony of PO2 Joseph Ortega, a member of the buy-bust team, was as follows: Acting on a tip, a buy-bust operation was planned. PO2 Ortega, SPO1 Camilo Palisoc (the designated poseur-buyer), and SPO2 Herminigildo Dino proceeded to appellant’s house. PO2 Ortega and SPO2 Dino positioned themselves nearby while SPO1 Palisoc entered. Appellant and SPO1 Palisoc later emerged, and the poseur-buyer handed marked money to appellant in exchange for an aluminum foil containing white crystalline substance. Upon the pre-arranged signal, appellant was arrested. A subsequent search inside the house, with barangay officials, yielded five more plastic sachets of shabu. The seized items were marked and later submitted for laboratory examination, which confirmed the presence of methamphetamine hydrochloride.
The defense presented a different version: Appellant was asleep when police officers forcibly entered his house, woke him by hitting him with a gun, searched the premises, took his cellphone and cash, and arrested him without any buy-bust transaction occurring. His mother and aunt corroborated the forcible entry.
The Regional Trial Court (RTC) acquitted appellant of illegal possession (Criminal Case No. 10734-2003-C) but convicted him of illegal sale (Criminal Case No. 10733-2003-C), sentencing him to reclusion perpetua and a fine of P500,000. The Court of Appeals (CA) affirmed the conviction with modification. Appellant appealed to the Supreme Court.

ISSUE

Whether the Court of Appeals erred in affirming appellant’s conviction for illegal sale of dangerous drugs.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the Decision of the Court of Appeals. The Court held that all elements of illegal sale of dangerous drugs were proven beyond reasonable doubt: (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 testimony of PO2 Ortega, a police officer who was part of the buy-bust team and witnessed the transaction, was found credible and sufficient to establish the corpus delicti. The Court ruled that the non-presentation of the poseur-buyer, SPO1 Palisoc, was not fatal to the prosecution’s case, as the testimony of a single witness who witnessed the transaction is sufficient to convict if credible. The defense of denial and frame-up was deemed weak and unsupported by clear and convincing evidence. The Court also found that the chain of custody of the seized drug was sufficiently established, and the failure to strictly comply with the witness requirements under Section 21 of R.A. No. 9165 did not invalidate the seizure, as the integrity and evidentiary value of the evidence were preserved. The penalty of life imprisonment and a fine of P500,000.00 was affirmed.