G.R. No. 188707 July 30, 2014
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. MANUELITA AMPATUAN y GONZALES, ET AL., Accused, MASTOR SARIP y MARUHOM and WARREN TUMOG y SAMPARADO, Accused-Appellants.

FACTS

Four separate Amended Informations charged accused-appellants Manuelita Ampatuan, Warren Tumog, and Mastor Maruhom with violations of Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002). The charges were for illegal sale of shabu (Criminal Case No. 51,765-2003), illegal possession of drug paraphernalia against Warren (Criminal Case No. 51,766-2003), illegal possession of drug paraphernalia against Manuelita (Criminal Case No. 51,767-2003), and illegal possession of prohibited drugs against Manuelita (Criminal Case No. 51,768-2003). The cases were tried jointly.
The prosecution’s version states that on February 11, 2003, a buy-bust operation was conducted by PDEA operatives based on information from a detained suspect, Edward Dujon, who identified Manuelita as a supplier. Dujon arranged to buy shabu from Manuelita. At the designated location (Jogue’s Apartelle), Manuelita handed a jumbo sachet of shabu to Dujon. PDEA operatives, having witnessed the transaction through a window, rushed in and arrested the accused-appellants. Confiscated items included the jumbo sachet (46.4490 grams of shabu), a small sachet (0.2284 grams of shabu) from Manuelita’s headscarf, aluminum foils, and a black canister with a kettle tube (drug paraphernalia) from Warren. Forensic examination confirmed the substances were methamphetamine hydrochloride.
The defense’s version claims the accused-appellants were merely giving Manuelita a ride to Davao City for a medical check-up. They met Dujon by chance, were invited to an apartelle, and were pressured by Dujon to sniff shabu out of “pakikisama.” They denied selling or possessing the drugs and paraphernalia, alleging these were planted by Dujon.
The Regional Trial Court convicted all accused. The Court of Appeals affirmed the convictions with modifications. The Supreme Court reviewed the case.

ISSUE

The core issue is whether the guilt of the accused-appellants for the crimes charged was proven beyond reasonable doubt.

RULING

The Supreme Court affirmed the convictions of accused-appellants Warren Tumog and Mastor Maruhom as principals by direct participation in the illegal sale of shabu. The Court found the prosecution successfully established all elements of the crime: the identities of the buyer and seller, the object and consideration, and the delivery of the drugs. The testimonies of the PDEA operatives, particularly PO1 Anthony Alpiz who witnessed the actual handing over of the shabu, were credible and consistent. The defense of denial and frame-up was rejected for lack of clear and convincing evidence.
Regarding the illegal possession charges, the Court affirmed Warren Tumog’s conviction for possession of drug paraphernalia (the black canister with kettle tube found hanging from his neck). However, the Court ACQUITTED Manuelita Ampatuan of all charges against her (illegal sale, possession of drugs, and possession of paraphernalia) due to the prosecution’s failure to prove her guilt beyond reasonable doubt. The Court noted significant inconsistencies in the testimonies of the arresting officers regarding who actually arrested Manuelita and who confiscated the items from her person, creating reasonable doubt on her possession of the small sachet and paraphernalia. The Court also ruled that the presentation of the informant, Edward Dujon, as a witness was not indispensable for the conviction of Warren and Mastor, as their guilt was established by other prosecution evidence.
The penalties were modified in accordance with law. For Criminal Case No. 51,765-2003 (illegal sale), Warren Tumog and Mastor Maruhom were sentenced to life imprisonment and a fine of ₱500,000 each. For Criminal Case No. 51,766-2003 (illegal possession of paraphernalia), Warren Tumog was sentenced to an indeterminate penalty of 6 months and 1 day to 2 years imprisonment and a fine of ₱50,000. Manuelita Ampatuan was acquitted.