G.R. No. 181826 ; January 9, 2013
PEOPLE OF THE PHILIPPINES, Appellee, vs. HONG YENG E and TSIEN TSIEN CHUA, Appellants.

FACTS

The appellants were charged with the illegal sale of dangerous drugs. The prosecution’s evidence showed that NBI agents arranged a buy-bust operation with appellant Hong Yeng E for two kilograms of shabu. During the operation at a restaurant, appellant Tsien Tsien Chua handed plastic bags containing the substance to the poseur-buyer, NBI Special Investigator Suñega. Upon inspection and believing it to be shabu, Suñega gave a pre-arranged signal. The back-up team immediately moved in and arrested the appellants before Suñega could hand over the marked buy-bust money to them. Laboratory examination confirmed the substance was methamphetamine hydrochloride. The Regional Trial Court convicted them of illegal sale, a ruling affirmed by the Court of Appeals.

ISSUE

Whether the Court of Appeals erred in finding that the prosecution proved beyond reasonable doubt the consummation of the illegal sale of dangerous drugs.

RULING

No, the Court of Appeals erred. The Supreme Court acquitted the appellants of illegal sale but convicted them of the lesser offense of illegal possession of prohibited drugs. For a consummated illegal sale, the prosecution must prove two elements: (1) the identity of the buyer, seller, object, and consideration; and (2) the delivery of the drugs and the payment. The Court found the second element lacking. The testimony of SI Suñega established that his back-up team arrested the appellants before he could deliver the marked money to them. He explicitly admitted there was no payment. Consummation requires the seller’s actual receipt of the payment. The mere agreement on price and the seller’s prior viewing of the money do not constitute consummation. However, the appellants are not entirely absolved. The crime of illegal possession of prohibited drugs under Section 8 of R.A. 6425 is necessarily included in the crime of illegal sale charged. Their possession of the confirmed shabu, without legal authority, was established beyond reasonable doubt. The chain of custody of the seized drugs was properly preserved, warranting a conviction for the lesser offense. The penalty was modified to an indeterminate sentence of 8 years as minimum to 12 years as maximum and a fine.