GR 181318; (April, 2009) (Digest)
G.R. No. 181318 April 16, 2009
PEOPLE OF THE PHILIPPINES, Appellee, vs. GERMAN AGOJO y LUNA, Appellant.
FACTS
Appellant German Agojo y Luna was charged with illegal sale of shabu (violation of Section 15, Article III of R.A. No. 6425) and illegal possession of a firearm (violation of P.D. No. 1866 as amended). The prosecution evidence established that on August 27, 1999, a buy-bust operation was conducted at Mercado Hospital in Tanauan, Batangas. Civilian informant Rodolfo Alonzo, acting as poseur-buyer, handed marked money to appellant in exchange for a VHS box containing four plastic bags of a crystalline substance. After the exchange, Alonzo gave a pre-arranged signal, leading to appellant’s arrest. The police recovered a portion of the marked money from appellant and a .45 caliber pistol from his car. Forensic examination confirmed the substance was methamphetamine hydrochloride weighing 206.32 grams. Appellant denied the charges, claiming he was at the hospital visiting his wife and was framed; he asserted he was arrested after being told his car was sideswiped. The Regional Trial Court found appellant guilty of illegal sale and sentenced him to death but acquitted him of the firearm charge. The case was automatically reviewed by the Supreme Court, then transferred to the Court of Appeals following People v. Mateo. The Court of Appeals affirmed the conviction but modified the penalty to reclusion perpetua. The case was elevated back to the Supreme Court.
ISSUE
Whether the prosecution proved appellant’s guilt for the illegal sale of shabu beyond reasonable doubt.
RULING
Yes. The Supreme Court affirmed the conviction. The prosecution proved all elements of illegal sale of dangerous drugs: (1) the identity of the buyer and seller, object, and consideration; and (2) the delivery of the thing sold and the payment. The testimony of poseur-buyer Rodolfo Alonzo was clear, straightforward, and credible, detailing the negotiation, agreement, and consummation of the sale. The defense of denial and frame-up was unsubstantiated and could not prevail over the positive identification and credible testimony of the prosecution witnesses. The chain of custody of the seized drugs was established. The penalty imposed by the Court of Appeals, reclusion perpetua, was affirmed.