G.R. No. 193661; August 14, 2013
People of the Philippines, Plaintiff-appellee, vs. Ryan Blanco y Sangkula, Accused-appellant.

FACTS

On March 26, 2007, two Informations were filed against accused-appellant Ryan Blanco y Sangkula before the Regional Trial Court (RTC) of Pasig City. Criminal Case No. 15537-D-TG charged him with illegal sale of a dangerous drug (violating Section 5, Article II of Republic Act No. 9165), alleging that on March 23, 2007, in Taguig City, he sold one heat-sealed plastic sachet containing 0.01 gram of methylamphetamine hydrochloride (shabu) to PO2 Renato Ibañez, a poseur-buyer, for Php100.00. Criminal Case No. 15538-D-TG charged him with illegal possession of a dangerous drug (violating Section 11, Article II of R.A. No. 9165), alleging that on the same date and place, he was found in possession of six heat-sealed plastic sachets containing an aggregate of 0.06 gram of shabu.
During the joint trial, the prosecution presented PO2 Renato Ibañez and PO3 Atanacio Allauigan of the District Anti-Illegal Drugs-Special Operations Task Force (DAID-SOTF). PO2 Ibañez testified that on March 23, 2007, a confidential informant reported accused-appellant’s drug-pushing activities. A buy-bust team was formed, with PO2 Ibañez as the poseur-buyer using a marked Php100 bill. At the target area, PO2 Ibañez and the informant approached accused-appellant, asked to buy shabu worth Php100.00, and upon handing the marked money, accused-appellant gave one plastic sachet. PO2 Ibañez then gave the pre-arranged signal, leading to accused-appellant’s arrest. A purse was confiscated from accused-appellant, containing six more sachets of shabu and the marked money. The seized items were marked and later confirmed by the crime laboratory to be shabu. PO3 Allauigan corroborated the operation, testifying as the immediate back-up who witnessed the transaction and assisted in the arrest.
The accused-appellant denied the charges, claiming he was merely in the area to buy cigarettes when apprehended.
The RTC found accused-appellant guilty beyond reasonable doubt of both charges. For illegal sale, he was sentenced to life imprisonment and a Php500,000 fine. For illegal possession, he was sentenced to an indeterminate penalty of 12 years and 1 day to 20 years of imprisonment and a Php300,000 fine. The Court of Appeals affirmed the RTC decision with a modification clarifying the penalty for illegal possession. Accused-appellant appealed to the Supreme Court, contesting only his conviction for illegal sale.

ISSUE

Whether the Court of Appeals erred in affirming accused-appellant Ryan Blanco y Sangkula’s conviction for the illegal sale of dangerous drugs under Section 5, Article II of R.A. No. 9165.

RULING

The Supreme Court DISMISSED the appeal and AFFIRMED the Decision of the Court of Appeals. The Court held that all elements of illegal sale of dangerous drugs were proven beyond reasonable doubt: (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 Ibañez as the poseur-buyer who positively identified accused-appellant and detailed the transaction, were credible and sufficient to establish the crime. The Court found no material inconsistency between the officers’ joint affidavit of arrest and their court testimonies regarding the conduct of the buy-bust operation. The alleged variance pertained to minor details that did not affect the core narrative of the sale. The Court also ruled that the non-presentation of the confidential informant was not fatal to the prosecution, as the informant’s identity is typically protected to maintain their utility to law enforcement. The buy-bust operation was validly conducted following a legitimate report and proper coordination with the Philippine Drug Enforcement Agency (PDEA). The chain of custody of the seized drugs was also properly established. Therefore, accused-appellant’s guilt for illegal sale of shabu was proven beyond reasonable doubt.