GR 209588; (February, 2015) (Digest)
G.R. No. 209588, February 18, 2015
People of the Philippines, Plaintiff-Appellee, vs. Eric Rosauro y Bongcawil, Accused-Appellant.
FACTS
Accused-appellant Eric Rosauro y Bongcawil was charged with illegal sale of shabu under Section 5, Article II of Republic Act No. 9165. The prosecution’s version states that on July 3, 2004, based on information about drug distribution, police officers from the Provincial Anti-Illegal Drugs Special Operation Task Unit (PAID-SOTU) positioned themselves at a confidential agent’s house. They witnessed Rosauro negotiate with the confidential agent, sell one sachet of shabu in exchange for a marked 100-peso bill, and subsequently arrested him. The seized item tested positive for methamphetamine hydrochloride. Rosauro claimed he was a victim of instigation, testifying that the confidential informant repeatedly asked him to buy shabu from a certain “Kael” and gave him the money to do so. He was arrested when he delivered the shabu to the informant’s house. The Regional Trial Court found him guilty beyond reasonable doubt, sentencing him to life imprisonment and a fine of ₱500,000.00. The Court of Appeals affirmed this decision.
ISSUE
Whether the Court of Appeals erred in affirming the conviction of accused-appellant when his guilt was not proven beyond reasonable doubt.
RULING
The Supreme Court dismissed the appeal and affirmed the conviction. The Court held that the arrest resulted from a legitimate entrapment, not instigation, as the police acted on intelligence reports of Rosauro’s habitual drug dealing. The essential elements of illegal sale of dangerous drugs were proven: the identities of the buyer and seller, the object of the sale, the consideration, and the delivery and payment. The presentation of the confidential informant was not indispensable, as the operation was witnessed by police officers whose testimonies were sufficient. The Court found that the integrity and evidentiary value of the seized drugs were preserved, noting that the apprehending officer marked the seized sachet at the scene, prepared the necessary documents, and properly turned over the evidence. The penalty of life imprisonment and a fine of ₱500,000.00 was affirmed as within the bounds of the law.