G.R. No. 82373. April 17, 1989.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MODESTO LAMOG y CUTAY, COLASA ALIGA y CABBEY, and FLORENCE SACUCHANG y KIOWA, accused-appellants.

FACTS

On January 21, 1986, a police team conducted an entrapment operation in Baguio City based on a tip that Modesto Lamog was a marijuana pusher. Posing as a buyer, CIC Oscar Parajas met Lamog, who quoted a price of P600 per kilo for ten kilos. Lamog led Parajas and an informer to the house of co-accused Colasa Aliga. Colasa stated she had only two kilos but indicated that Florence Sacuchang, living next door, had more. Lamog then fetched Sacuchang, who brought eleven additional kilos. Upon Parajas flashing the entrapment money as a signal, backup officers arrested all three accused and confiscated thirteen bundles of marijuana totaling 12.6 kilos, which forensic analysis confirmed to be marijuana.
The prosecution presented the testimonies of the arresting officers. The defense, particularly Lamog, claimed he was merely at the Slaughterhouse to collect meat and was framed, alleging the officers forced him to point to Aliga’s house. The trial court convicted Lamog of attempted illegal sale of marijuana, sentencing him to life imprisonment and a fine. However, it convicted Aliga and Sacuchang only of the lesser offense of illegal possession, imposing a lower indeterminate penalty.

ISSUE

Whether the trial court erred in convicting appellants Aliga and Sacuchang of illegal possession instead of finding them guilty as co-principals in the attempted illegal sale of marijuana.

RULING

The Supreme Court affirmed Lamog’s conviction but modified the convictions of Aliga and Sacuchang, finding them guilty as co-princirals in the attempted sale. The Court upheld the credibility of the prosecution witnesses, noting the trial court’s firsthand assessment and the presumption of regularity in the performance of official duties by the police officers. The evidence clearly established a conspiracy: Lamog acted as the broker or agent, negotiating the sale and leading the buyer to the suppliers. Aliga and Sacuchang were not mere possessors; they were active participants. Aliga indicated where additional marijuana could be obtained, and Sacuchang physically supplied the bulk of the contraband. Their coordinated actions demonstrated a common purpose to sell the prohibited drugs.
The law prescribes the same penalty for both the consummated sale and an attempt to sell under Section 21 of the Dangerous Drugs Act. The Court emphasized the severity of the penalty, reflecting the grave societal menace posed by drug peddlers. Consequently, all three appellants were found guilty beyond reasonable doubt as co-principals in the attempted illegal sale of marijuana. The Supreme Court sentenced Aliga and Sacuchang to each suffer the penalty of life imprisonment and to pay a fine of P20,000, in line with Lamog’s sentence.