G.R. No. 181040 ; March 15, 2010
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. RAYMOND FABIAN y NICOLAS and ALLAN MACALONG y BUCCAT, Accused-Appellants.

FACTS

On August 16, 2004, the Marikina City Police Station’s Anti-Illegal Drugs Special Operations Task Force (SAIDSOTF) received a report about rampant illegal drug sales on Camia Street, Doña Petra, Concepcion Uno, Marikina City. A buy-bust team was formed, with PO2 Christopher Anos as the designated poseur-buyer, and coordination was made with the Philippine Drug Enforcement Agency (PDEA). At around 7:40 p.m., the team conducted surveillance on Camia Street. PO1 Roberto Muega positioned himself near an FX taxi. He observed accused Allan Macalong enter an alley and later emerge with accused Raymond Fabian. The two stood near the taxi, and PO1 Muega saw Fabian hand a small plastic sachet containing white crystalline substance to Macalong. PO1 Muega immediately arrested them, recovered the plastic sachet from Macalong’s hand, and marked it with “ABM-RM POSS 8/16/04.” The sachet was brought to the PNP Crime Laboratory, where it tested positive for methamphetamine hydrochloride or shabu, weighing 0.06 gram. Two separate Informations were filed: one against Fabian for violation of Section 5 (delivery) of Republic Act No. 9165 , and another against Macalong for violation of Section 11 (possession) of the same law. Both accused pleaded not guilty and claimed frame-up, alleging they were arbitrarily arrested without witnessing any drug transaction. The Regional Trial Court (RTC) found them guilty, sentencing Fabian to life imprisonment and a fine of ₱500,000, and Macalong to an indeterminate penalty of 12 years and 1 day to 13 years and a fine of ₱300,000. The Court of Appeals affirmed the RTC decision.

ISSUE

Whether the accused-appellants are guilty beyond reasonable doubt of (1) violation of Section 5, Article II of R.A. No. 9165 (delivery of dangerous drugs) for Raymond Fabian, and (2) violation of Section 11, Article II of R.A. No. 9165 (possession of dangerous drugs) for Allan Macalong.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the Decision of the Court of Appeals. The Court held that all elements of the crimes charged were proven beyond reasonable doubt. For illegal delivery under Section 5, the prosecution established that Fabian knowingly delivered a plastic sachet containing shabu to Macalong. For illegal possession under Section 11, it was shown that Macalong possessed the same sachet without legal authority. The testimonies of the police officers, particularly PO1 Muega, were credible and consistent on the material points of the buy-bust operation. The minor inconsistencies raised by the appellants pertained only to collateral matters and did not affect the core facts of the crime. The defense of frame-up was rejected for lack of clear and convincing evidence. The chain of custody of the seized drug was properly preserved, as PO1 Muega marked the sachet immediately after confiscation, maintained custody until it was delivered to the crime laboratory, and the forensic chemist confirmed it was shabu. The penalties imposed by the RTC, as affirmed by the Court of Appeals, were in accordance with law: life imprisonment and a ₱500,000 fine for Fabian, and an indeterminate penalty of 12 years and 1 day to 13 years and a ₱300,000 fine for Macalong.