G.R. No. 188608 ; February 9, 2011
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. RONALDO MORALES y FLORES alias “Ronnie,” and RODOLFO FLORES y MANGYAN alias “Roding,” Defendants-Appellants.

FACTS

Appellants Ronaldo Morales and Rodolfo Flores were charged with illegal sale of marijuana under Republic Act No. 6425 , as amended. The prosecution’s evidence established that a buy-bust operation was conducted on August 18, 1998, in Mandaluyong City. Acting on a tip, a police team designated PO1 Walter Alano as the poseur-buyer and PO1 Gilbert Buenafe as back-up. PO1 Alano, accompanied by an informant, met with appellant Flores, who then led them to appellant Morales. The informant ordered one kilo of marijuana from Morales for P3,000.00. Morales instructed Flores to collect the money from PO1 Alano, which included two marked P100 bills. Morales then handed over a plastic bag containing two envelopes with marijuana bricks. Upon verification, PO1 Alano arrested Morales. Flores attempted to flee but was apprehended by PO1 Buenafe, and the boodle money was recovered from him. The seized items were examined and confirmed to be marijuana. The defense presented a different version, claiming they were arbitrarily arrested while Morales was manning his store and Flores was buying cigarettes, denying any buy-bust operation.

ISSUE

Whether the Court of Appeals correctly affirmed the conviction of appellants for the illegal sale of marijuana.

RULING

Yes, the Court of Appeals’ decision was affirmed. The Supreme Court held that all elements of illegal sale of dangerous drugs were proven: (1) the identities of the buyer (PO1 Alano) and sellers (appellants), the object (marijuana), and the consideration (P200 marked money); and (2) the delivery of the marijuana and payment. The testimony of the poseur-buyer, which detailed the transaction, was credible and consistent. The defense of denial and frame-up was unsubstantiated and could not prevail over the positive identification by the police officers. The chain of custody of the seized drugs was also established, as the poseur-buyer marked the items immediately after seizure and they were later confirmed to be marijuana by the PNP Crime Laboratory. The quantity of marijuana involved was 788.3 grams, which under the law mandates the penalty of reclusion perpetua to death and a fine. Applying Republic Act No. 9346 , which abolished the death penalty, the penalty imposed was reclusion perpetua and a fine of P500,000.00 each. The Supreme Court found no reason to deviate from the findings of the trial court and the Court of Appeals.