G.R. No. 191394; October 18, 2010
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. MARIA POLITICO y TICALA and EWINIE POLITICO y PALMA, Accused-Appellants.

FACTS

Accused-appellants Maria and Ewinie Politico were charged in three consolidated cases. In Criminal Case No. 06244402, they were jointly charged with illegal sale of shabu under Section 5 of RA 9165. The prosecution alleged that on June 3, 2006, in Manila, a buy-bust operation was conducted where PO2 Job Jimenez, acting as poseur-buyer, gave marked money to Ewinie, after which Maria handed over a plastic sachet containing 0.007 gram of shabu. Upon their arrest, two more sachets were recovered from Maria and two from Ewinie, leading to separate charges for illegal possession under Section 11(3) of RA 9165 in Criminal Case Nos. 06244403 and 06244404, respectively.
The accused-appellants denied the charges, claiming they were merely watching television inside their house when police officers entered and brought them to the station for “verification,” where they were subsequently arrested and jailed. The Regional Trial Court convicted them on all charges, imposing life imprisonment and a fine for the sale, and indeterminate penalties for possession. The Court of Appeals affirmed the convictions, prompting this appeal.

ISSUE

Whether the Court of Appeals erred in affirming the convictions of the accused-appellants for violations of Sections 5 and 11(3) of RA 9165.

RULING

The Supreme Court affirmed the convictions. The prosecution successfully established all elements of illegal sale of dangerous drugs: the identities of the buyer and seller, the object and consideration, and the delivery. PO2 Jimenez’s testimony detailed the transaction where he gave marked money to Ewinie and received shabu from Maria, proving conspiracy. For illegal possession, the elements of possession without legal authority and the illicit nature of the drug were proven by the recovery of additional sachets from each appellant immediately after arrest.
The Court found the defense of frame-up unsubstantiated and inherently weak. It upheld the trial court’s assessment of witness credibility, noting the lack of ill motive for the police officers to falsely testify. The chain of custody over the seized drugs was preserved, as the sachets were immediately marked at the police station and later tested positive for shabu. The penalties imposed—life imprisonment and a fine for the sale, and indeterminate prison terms for possession—were within the statutory ranges under RA 9165, as amended by RA 9346. Thus, guilt was proven beyond reasonable doubt.