G.R. No. 90391. March 24, 1993.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SALIH JUMA y SAMPANGMAGA, accused-appellant.

FACTS

Accused Salih Juma was charged with the illegal sale of marijuana in violation of the Dangerous Drugs Act. The prosecution’s evidence established that on October 28, 1988, a NARCOM team conducted a buy-bust operation at the appellant’s house in Zamboanga City. Sergeant Marino Undangan acted as the poseur-buyer and purchased ten sticks of marijuana cigarettes from the appellant for P10.00. Upon giving the pre-arranged signal, the appellant was arrested. A search yielded the buy-bust money and two more marijuana sticks. Two other individuals, Eddie Fernandez and Tony Kamlani, were also apprehended after being seen buying marijuana from the appellant. Forensic examination confirmed the cigarettes were marijuana. The appellant denied the charges, claiming he was framed, forcibly taken by unknown persons, mauled into confessing, and that no buy-bust operation occurred.

ISSUE

Whether the trial court erred in convicting the accused-appellant based on the prosecution’s evidence and in rejecting his defense of frame-up/instigation.

RULING

The Supreme Court affirmed the conviction. The prosecution’s version, supported by the testimonies of the NARCOM agents, was found credible and established the illegal sale beyond reasonable doubt. The operation was a valid entrapment, not instigation, as the criminal intent originated from the appellant, who was caught in flagrante delicto. The defense of frame-up was unsubstantiated and could not overcome the presumption of regularity in the performance of official duty by the police officers. The Court also held that the sale of drugs to a stranger in a public place was not improbable, as drug pushers often treat such transactions casually. The trial court’s assessment of witness credibility was accorded respect. The penalty of life imprisonment and a fine of P20,000.00 were upheld.