G.R. No. 184807 ; November 23, 2011
People of the Philippines, Plaintiff-Appellee, vs. Gregg C. Buenaventura, Accused-Appellant.

FACTS

On August 5, 2003, a confidential informant reported to the Pasig Police Station the rampant drug selling by alias “Gregg” at Teacher’s Village, Barangay San Miguel, Pasig City. A buy-bust team was formed, with PO1 Michael Espares designated as the poseur-buyer. Marked money consisting of two ₱100 bills was prepared. After coordination with the PDEA, the team proceeded to the area. The informant pointed out the accused, Gregg C. Buenaventura. PO1 Espares and the informant approached him; the informant introduced Espares as a buyer. When asked how much, Espares said ₱200 worth of shabu and handed the marked money. Accused-appellant then took a transparent plastic sachet containing white crystalline substance from his right pocket and handed it to Espares. Upon receiving the sachet, Espares gave the pre-arranged signal by lighting a cigarette. Accused-appellant ran into his house and locked the door. The team followed, announced their authority, and commanded him to open the door, but he did not. They then heard voices from the rooftop and saw accused-appellant and another person jump into a watery area (“kangkungan”) at the back of the house. The team eventually cornered and arrested accused-appellant. The marked money was recovered from him. The seized plastic sachet was marked. Forensic testing confirmed the substance was methamphetamine hydrochloride. During trial, the defense presented accused-appellant, who denied the sale. He claimed that earlier that afternoon, he had a fight with a soldier and was hiding at a neighbor’s house when the police arrived, and he ran because he thought the soldier had returned for vengeance.

ISSUE

1. Whether the warrantless arrest and search of accused-appellant were legal.
2. Whether the prosecution proved accused-appellant’s guilt for illegal sale of dangerous drugs beyond reasonable doubt.

RULING

The Supreme Court AFFIRMED the decision of the Court of Appeals, which upheld the Regional Trial Court’s conviction.
1. On the legality of the warrantless arrest and search: The arrest was lawful as it fell under a valid warrantless arrest pursuant to Rule 113, Section 5(a) of the Rules of Court—an arrest of a person who has committed, is actually committing, or is attempting to commit an offense. The buy-bust operation was a form of entrapment where accused-appellant was caught in flagrante delicto selling shabu to a police poseur-buyer. The search incident to a lawful arrest, which yielded the marked money, was likewise valid. The Court found no evidence that the police officers were motivated by malice or ill will.
2. On the proof of guilt beyond reasonable doubt: All elements of the illegal sale of dangerous drugs were established: (a) the identity of the buyer and seller, the object, and the consideration; and (b) the delivery of the thing sold and the payment. The testimonies of the police officers, particularly PO1 Espares, were clear, consistent, and credible, detailing the buy-bust transaction. The defense of denial and frame-up was weak and unsupported by evidence. The integrity and identity of the seized drug were preserved, as the poseur-buyer immediately marked the seized item at the scene. The forensic chemist’s report, the subject of a stipulation, confirmed the substance was methamphetamine hydrochloride. The Court found no reason to deviate from the trial court’s assessment of witness credibility.
Dispositive Portion: Accused-appellant Gregg C. Buenaventura is found GUILTY beyond reasonable doubt of violating Section 5, Article II of Republic Act No. 9165 and is sentenced to life imprisonment and a fine of ₱500,000.00. The decision of the Court of Appeals is AFFIRMED.