G.R. No. 92793-94 March 30, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROBERTO BAGANG Y ARBULANTE, accused-appellant.

FACTS

Accused-appellant Roberto Bagang y Arbulante was charged in two separate Informations for violation of Sec. 4 (drug pushing) and Sec. 8 (illegal possession) of Art. II, R.A. 6425 (The Dangerous Drugs Act of 1972), allegedly committed in Angeles City on August 28, 1984. After trial, the trial court convicted him in Crim. Case No. 6716 (for drug pushing) but dismissed Crim. Case No. 6717 (for illegal possession) on the ground that illegal possession is absorbed in drug pushing. Only the conviction for drug pushing is on appeal.
The prosecution evidence established that on August 28, 1984, the Narcotics Command in Angeles City formed a “buy-bust” operation team after being informed that a principal marijuana supplier was operating in the city. Sgt. Edgardo Raquidan acted as poseur-buyer, with Pat. Celestino dela Cruz and an arrested pusher as intermediary. Marked bills were used. The team proceeded to the target area at corner Reyes and Jesus Streets, Barangay Lourdes Northwest, Angeles City. The intermediary informed Bagang that Raquidan wanted to buy marijuana. Bagang left and returned with two small plastic tea bags of marijuana, handing them to Raquidan. After Raquidan expressed displeasure over the price, Bagang handed over two more tea bags. Upon payment of P20.00 in marked bills, Raquidan gave the pre-arranged signal. Bagang attempted to flee but was apprehended. A search yielded fifteen more tea bags of marijuana. The evidence was marked, placed in custody, and later examined by the PC Crime Laboratory, which confirmed the substance was marijuana.
The defense presented a different version. Bagang claimed that in the afternoon of August 28, 1984, while on his way to buy cigarettes, he was bumped by a running person. As he gave chase, someone from behind held him by the hair and twisted his arm. This person was holding a brown paper bag. He was brought to Jesus Street, where he later saw Sgt. Raquidan and Pat. dela Cruz alight from a tricycle. He was asked about the paper bag’s ownership and later forced at headquarters to write his name on the marked bills and the bags containing marijuana. A defense witness, Pablito V. Garcia, testified he saw a commotion and Narcom agents arresting Bagang, who was not carrying anything.
The trial court found Bagang guilty of violating Sec. 4, Art. II, of R.A. 6425 and sentenced him to reclusion perpetua and a fine of P20,000.00 plus costs.

ISSUE

Whether the trial court erred in giving weight and credence to the prosecution’s evidence over the defense’s evidence, thereby convicting the accused-appellant despite the alleged failure to prove his guilt beyond reasonable doubt.

RULING

The Supreme Court AFFIRMED the conviction but MODIFIED the penalty. The trial court did not err in crediting the prosecution’s evidence. The Narcom agents’ testimonies were presumed regular in the absence of proof of improper motive. The non-presentation of the civilian informer did not render the prosecution’s evidence hearsay, as the determination of witnesses is within the prosecution’s discretion, and the informer’s testimony would have been merely corroborative. Both Sgt. Raquidan and Pat. dela Cruz directly testified to observing the sale. The trial court’s findings on witness credibility are entitled to great respect. However, the penalty imposed was incorrect. The proper penalty for the offense under the law is “life imprisonment to death,” not reclusion perpetua, which carries accessory penalties under the Revised Penal Code. Thus, the penalty is modified to life imprisonment.