GR 187070; (February, 2010) (Digest)
G.R. No. 187070 , February 24, 2010
People of the Philippines, Plaintiff-Appellee, vs. Rolando Tamayo y Tena, Accused-Appellant.
FACTS
Accused-appellant Rolando Tamayo y Tena was charged with violations of Sections 5 and 11, Article II of Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) in two Informations. In Criminal Case No. Q-03-117407, he was accused of unlawfully selling 12.17 grams of dried marijuana leaves. In Criminal Case No. Q-03-117408, he was accused of unlawfully possessing 1,491.5 grams of marijuana fruiting tops. The charges stemmed from a buy-bust operation on May 17, 2003, in Quezon City. Police Officers Andres Nelson Sy (poseur-buyer) and Cesar C. Collado testified that a confidential informant reported appellant’s drug activity. PO3 Sy, using a marked ₱100 bill, bought a tea bag of marijuana from appellant inside his house. Upon the consummated sale, PO3 Sy arrested appellant. A search yielded more marijuana. The forensic chemistry report confirmed the substances were marijuana. The defense presented only appellant, who claimed he was forcibly taken from his house without cause, denying the sale and possession allegations.
ISSUE
Whether the accused-appellant is guilty beyond reasonable doubt of violating Republic Act No. 9165 (illegal sale and illegal possession of dangerous drugs).
RULING
Yes. The Supreme Court affirmed the conviction. The prosecution established all elements of illegal sale (transaction took place and corpus delicti presented) and illegal possession (accused possessed prohibited drug, possession unauthorized, and accused consciously aware of possession). The testimonies of the police officers were credible and accorded the presumption of regularity in the performance of duty, as no evidence of ill motive or irregularity was presented. Appellant’s denial and frame-up claim could not prevail over the positive identification and evidence presented by the prosecution. The trial court’s Joint Decision and the Court of Appeals’ Decision, sentencing appellant to life imprisonment and a fine of ₱500,000 for each count, were upheld.