GR 88670; (November, 1992) (Digest)
G.R. No. 88670 November 19, 1992
People of the Philippines, plaintiff-appellee, vs. Rebecca Ventura y. Ayroso, accused-appellant.
FACTS
Accused-appellant Rebecca Ventura, a destitute housewife, was charged with violating Section 4, Article II of R.A. 6425 (The Dangerous Drugs Act of 1972) for allegedly selling and delivering two plastic bags of marijuana flowering tops to Pat. Reynaldo Lechido, a poseur-buyer, for P150.00 on April 21, 1988, in Kalookan City. The Regional Trial Court convicted her and sentenced her to reclusion perpetua and a fine. The prosecution’s evidence, through police testimonies and an NBI chemist, established that a buy-bust operation was conducted based on an informant’s tip. Pat. Lechido handed marked money to Ventura at Tirad Pass St. with an agreement for her to deliver the marijuana later near the Bonifacio Monument. She returned after 30 minutes, delivered two plastic bags containing marijuana, and was arrested. No marked money was recovered from her. The defense claimed she was framed; while waiting for a bus, a black bag fell near her, policemen picked it up, forced her to admit ownership, brought her to the station, and demanded money for her release.
ISSUE
Whether the guilt of the accused-appellant for the crime of drug pushing has been proved beyond reasonable doubt.
RULING
No. The Supreme Court reversed the conviction and acquitted Rebecca Ventura. The prosecution’s evidence was found too frail to sustain a conviction. The Court identified substantial circumstances casting serious doubt on her guilt: (1) The buy-bust operation’s procedure was contrary to human experience and standard practice—the poseur-buyer handed marked money to a stranger pusher without simultaneous receipt of the drugs, trusting she would return later, which strains credulity. (2) No marked money was recovered from the accused after the alleged transaction, lending credence to her claim of being on an errand. (3) The alleged delivery of two large plastic bags, each possibly containing a kilo of marijuana, for only P150.00 was deemed incredible, as was the notion that such bulky items could be easily concealed and traded in a busy area. The prosecution must rely on the strength of its own evidence, and in this case, it failed to overcome the constitutional presumption of innocence.