G.R. No. 187047 ; June 15, 2011
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. MANUEL CRUZ y CRUZ, Accused-Appellant.

FACTS

Accused-appellant Manuel Cruz y Cruz was charged with violations of Sections 5 (Illegal Sale) and 11 (Illegal Possession), Article II of Republic Act No. 9165 in two separate Informations dated February 24, 2005, stemming from a buy-bust operation on February 23, 2005, in Parañaque City. He pleaded not guilty to both charges.
The prosecution evidence established that a police team from the District Anti-Illegal Drugs Special Operation Team (DAID-SOT) conducted a buy-bust operation based on information that a certain “alias Maning” was selling drugs. PO2 Nemesio Gallano acted as the poseur-buyer, with PO2 Darwin Boiser as immediate back-up. PO2 Gallano was provided with four marked ₱500 bills totaling ₱2,000. At the target area, the informant introduced PO2 Gallano to alias Maning as a security guard needing shabu. After a brief conversation, alias Maning asked for and received the marked money and, in exchange, handed over one plastic sachet of white crystalline substance. PO2 Gallano then gave the pre-arranged signal (a missed call), and the team arrested alias Maning. Upon arrest, another plastic sachet was recovered from his possession, and the marked money was retrieved. The sachets were marked “NG-1-230205” (subject of sale) and “NG-2-230205” (found upon arrest). The accused was later identified as Manuel Cruz y Cruz. The seized items were submitted for laboratory examination, which yielded positive for methylamphetamine hydrochloride (shabu). The defense presented only the accused, who denied the charges, claiming he was a jeepney dispatcher who was merely resting at home when suddenly apprehended by armed men who brought him to their office.

ISSUE

The core issue is whether the prosecution proved the guilt of the accused-appellant for the illegal sale and possession of dangerous drugs beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction for illegal sale of dangerous drugs under Section 5, Article II of R.A. No. 9165 . The Court found the elements of the crime were established: (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 testimonies of the police officers, particularly PO2 Gallano as the poseur-buyer who positively identified the appellant and detailed the transaction, were credible and constituted proof beyond reasonable doubt. The Court upheld the findings of fact and assessment of witness credibility by the trial court, which were affirmed by the Court of Appeals. The defense of denial could not prevail over the positive identification by the police officers. The Court also noted that the non-presentation of the informant was not fatal to the prosecution’s case. The chain of custody of the seized drugs was sufficiently established. The Court modified the penalty, stating that the proper penalty for illegal sale of shabu regardless of quantity under R.A. No. 9165 is life imprisonment and a fine ranging from ₱500,000 to ₱10,000,000, affirming the trial court’s imposition of life imprisonment and a ₱500,000 fine. The appeal was denied, and the assailed Court of Appeals Decision was affirmed.