G.R. No. L-87179 December 14, 1994
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ARTURO MERABUENO, EMMANUEL TRINIDAD, FERNANDO BASILIO AND ERNESTO CRUZ, accused-appellants.

FACTS

The appellants were convicted for violating the Dangerous Drugs Act. The prosecution evidence established that following a tip about marijuana peddling in Marikina, a police team conducted surveillance and a buy-bust operation on August 4, 1987. Posing as a buyer, Patrolman Romeo Cavizo approached Arturo Merabueno and handed him a marked twenty-peso bill. Merabueno then went to Emmanuel Trinidad, gave him the money, and received a packet of marijuana. The police team apprehended Trinidad, Merabueno, and later Fernando Basilio, recovering marijuana and the marked money. Basilio identified Ernesto Cruz as his source. Cruz was subsequently arrested in Antipolo while carrying a bag containing over a kilo of dried marijuana leaves. All confiscated items tested positive for marijuana.
At trial, Merabueno, Trinidad, and Basilio denied the operation, claiming extortion. Cruz alleged he was illegally searched and coerced into signing a confession. The trial court found the prosecution’s narrative credible, emphasizing the policemen’s consistent testimonies on the buy-bust procedure and the chain of custody of the seized drugs. The court convicted all four appellants and sentenced them to reclusion perpetua and a fine.

ISSUE

Whether the trial court erred in convicting the appellants based on the evidence presented.

RULING

The Supreme Court affirmed the convictions but modified the penalties. The Court upheld the trial court’s factual findings and assessment of witness credibility, which are generally binding on appeal. The detailed account of the buy-bust operation, the recovery of the marked money and marijuana, and the corroborative chemistry report constituted proof beyond reasonable doubt of illegal sale and possession. The defense of frame-up was rejected for lack of clear and convincing evidence.
Regarding penalties, the Court applied the amendatory law, Republic Act No. 7659 , retroactively to Merabueno, Trinidad, and Basilio as it was favorable to them. Their total seized marijuana was 37.98 grams, warranting a penalty within the range of prision correccional under the new law. Applying the Indeterminate Sentence Law, they were sentenced to six months of arresto mayor as minimum to six years of prision correccional as maximum. For Cruz, from whom over a kilo was seized, R.A. No. 7659 could not be applied retroactively as it prescribed a heavier penalty. Thus, the penalty of life imprisonment and a P20,000 fine under the prior law was imposed.