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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
September-2009 Jurisprudence                 

  • A.C. No. 6672 - Pedro L. Linsangan v. Atty. Nicodemes Tolentino

  • A.C. No. 5955 - John Christen S. Hegna v. Atty. Goering G.C. Paderanga

  • A.C. No. 7297 - Imdelda Bides-Ulaso v. Atty. Edita Noe-Lacsamana

  • A.C. No. 7435 - Rey C. Sarmiento, et al. v. Atty. Edelson G. Oliva

  • A.C. No. 7547 - Gregory U. chan v. NLRC Commissioner Romeo L. Go, et al.

  • A.C. No. 7910 - Wen Ming W. Chen a.k.a. Domingo Tan v. Atty. F.D. Nicolas B. Pichay

  • A.M. No. 01-1-04-SC-PHILJA - Re: Further clarifying and strengthening the organization strcture and administrative set-up of the Philippine Judicial Academy

  • A.M. No. 06-3-07-SC - Request for the approval of the revised qualification standard for the chief of MISO

  • A.M. No. 2009-04-SC - Complaint of Atty. Wilhelmina D. Geronga againts Mr. Ross C. Romero, driver, shuttle bus no. 5 for reckless driving

  • A.M. No. CTA-05-2 - Office of the Court Administrator v. Concepcion G. Espineda, etc.

  • A.M. No. MTJ-06-1623 Formerly OCA IPI No. 04-1635-MTJ, A.M. NO. MTJ-06-1624 Formerly OCA IPI No. 04-1636-MTJ, A.M. NO. MTJ-06-1625 Formerly OCA IPI No. 04-1630-MTJ, A.M. NO. MTJ-06-1627 Formerly OCA IPI No. 04-1661-MTJ, A.M. NO. P-09-2693 Formerly OCA IPI

  • A.M. No. P-05-2046 Formerly No. 05-6-159-MCTC - Office of the Court Administrator v. Clerk of Court Fe P. Ganzan, MCTC, Jasaan, Misamis Oriental

  • A.M. No. P-06-2264 Formerly OCA I.P.I Nos. 05-2136-P and 05-2137-P - Atty. Lelu P. Contreras v. Teresita O. Monge, Clerk IV, Rigional Trial Court - Office of the Clerk of Court, Iriga City

  • A.M. No. P-07-2332 Formerly OCA I.P.I No. 07-2511-P - Dr. Salome U. Jorge v. Carlos P. Diaz, Deputy Sheriff, RTC, Branch 20, Tacurong, Sultan Kudarat

  • A.M. No. P-08-2433 Formerly OCA IPI No. 07-2667-P - Judge Jenny Lind Aldecia-Delorino v. Marilyn De Castro Remigio-Versosa, Clerk III, Regional Trial Court, Branch 137, Makati City

  • A.M. No. P-08-2570 Formerly A.M. OCA IPI No. 07-2547-P - Leticia Sales v. Arnel Jose A. Rubio, Sheriff IV, RTC, OCC, Naga City

  • A.M. No. P-09-2685 OCA-IPI No. 08-2839-P - P/Supt. Rene Macaling Orbe v. Marcos U. Digandang, Process Server, Regional Trial Court, Branch 14, Cotabato City

  • A.M. No. RTJ-01-1650 Formerly OCA IPI No. 01-1195-RTJ - Margie Corpus Macias v. Mariano v. Mariano Joaquin S. Macias, Presiding Judge, Branh 28, Regional Trial Court, Liloy, Zamboanga del Norte

  • A.M. No. RTJ-07-2089 Formerly OCA I.P.I. No. 07-2659-RTJ and A.M. NO. RTJ-0921-99 Formerly OCA I.P.I. No. 07-2698-RTJ- Land Bank of the Philippines v. Judge Ernesto P. Pagayatan

  • G.R. No. 132826 - Rolando Saa v. Integrated Bar of the Philippines, Commissoion on Bar Discipline, Board of Governors, Pasig City and Atty. Freddie A. Venida

  • G.R. NOS. 140743 & 140745 and G.R. NOS. 141451-52 - City Government of Tagaytay v. Hon. Eleuterio F. Guerrero, etc. et al.

  • G.R. No. 146534 - Spouses Hu Chuan Hai and Leonica Lim Hu v. Spouses Renato Unico and Maria Aurora J. Unico

  • G.R. NOS. 147026-27 - Carolina R. Javier v. Sandiganbayan, et al.

  • G.R. No. 148444 - Associated Bank (now United Overseas Bank [Phils.]) v. Spouses Rafael and Monaliza Pronstroller/Spouses Eduardo and Ma. Pilar Vaca (Intervenors)

  • G.R. No. 149588 - Francisco R. Llamas, et al. v. The Honorable Court of Appeals, et al.

  • G.R. No. 150664 - Vicente Dacanay, in his capacity as administrator of the Testate Estate of Tereso D. Fernandez v. Hon. Raphael Prastora Sr., etc., et al.

  • G.R. No. 151969 - Valle Verde Country Club, Inc., et al. v. Victor Africa

  • G.R. No. 152101 - Emcor, Incorporated v. Ma. Lourdes D. Sienes

  • G.R. No. 152614 - Salvador A. Fernandez v. Cristina D. Amagna

  • G.R. No. 154720 - Juan Balbuena and Teodulfo Retuya v. Leona Aparicio Sabay, et al.

  • G.R. No. 156164 - Sps. Leonardo and Milagros Chua v. Hon. Jacinto G. Ang, et al.

  • G.R. No. 157901 - Orix Metro Leasing and Finance Corporation v. M/V "PILAR-I" and Spouses Ernesto Dy and Lourdes Dy

  • G.R. No. 157952 - Jowett K. Golango v. Jone B. Fung

  • G.R. No. 158630 and G.R. No. 162047 - Joyce Y. Lim, represented by her attorney-in-fact Bernardo M. Nicolas

  • G.R. No. 159116 - Sps. Nestor and Felicidad Dadizon v. Hon. Court of Appeals and Sps. Dominador and Elsa Mocorro

  • G.R. No. 159710 - Carmen A. Blas v. Spouses Eduardo and Salud Galapon

  • G.R. No. 161902 - Edgar Mercado v. People of the Philippines

  • G.R. No. 162104 - R Transport Corporation v. Eduardo Pante

  • G.R. No. 163270 - Eduardo M. Tomada, Sr. v. RFM Corporation-Bakery Flour Division, et al.

  • G.R. No. 164104 - Philippine National Bank v. Gregorio B. Maraya, Jr. and Wenefrida Maraya

  • G.R. No. 164205 - Oldarico S. Trave o, et al. v. Bobongon Banana Growers Multi-Purpose Cooperative, et al.

  • G.R. No. 164435 - Victoria S. Jarillo v. People of the Philippines

  • G.R. No. 164549 - Philippine National Bank v. Spouses Agustin and Pilar Rocamora

  • G.R. No. 164815 - Sr. Inspector Jerry Valeroso v. Court of Appeals and People of the Philippines

  • G.R. No. 165141 - Peregina Mistica v. Republic of the Philippines

  • G.R. No. 166516 - Emma Ver Reyes and Ramon Reyes v. The Register of Deeds of Cavite, et al.

  • G.R. No. 166857 - D.M. Wenceslao & Associates, inc. v. Freyssinet Philippines, Inc.

  • G.R. No. 167330 - Philippine Health Providers, Inc. v. Commissioner of Internal Revenue

  • G.R. No. 167569, G.R. No. 167570 & G.R. No. 171946 - Carlos T. Go., Sr., v. Luis T. Ramos

  • G.R. No. 167955 Formerly G.R. No. 151275 - People of the Philippines v. Armando Padilla y Nicolas

  • G.R. No. 167995 - Julita V. Imuan, et al. v. Juanito Cereno, et al.

  • G.R. No. 168151 - Regional Container Lines (RCL) of Singapore and Shipping Agency v. The Netherlands Insurance Co. (Philippines) Inc.

  • G.R. No. 168446 Formerly G.R. NOS. 144174-75 - People of the Philippines v. Ernesto Cruz, Jr. y Concepcion, et al.

  • G.R. No. 168927 - Arsenio F. Quevedo, et al. v. Benguet Electric Cooperative Incorporated, et al.

  • G.R. No. 169228 - The Alexandra Condominium Corporation v. Laguna Lake Development Authority

  • G.R. No. 169364 - People of the Philippines v. Evangeline Siton y sacil, et al.

  • G.R. No. 169641 - People of the Philippines v. Richard O. Sarcia

  • G.R. No. 169889 - Spouses Simon Yap and Milagros Guevarra v. First e-Bank, Inc.

  • G.R. No. 169919 - B.D. Long Span Builders, Inc. v. R.S. Ampeloquio Realty Development Inc.

  • G.R. No. 169940 - Univeristy of Santo Tomas v. Samahang Manggagawa ng UST (SM-UST)

  • G.R. No. 170072 - Joaquin P. Obieta v. Edward Cheok

  • G.R. No. 170342 - Allan Dizon v. People of the Philippines

  • G.R. No. 170482 - Manila Electric Company v. Aguida Vda. De Santiago

  • G.R. No. 171018 - People of the Philippines v. Elly Naelga

  • G.R. No. 171260 - Amparo Robles Cabreza v. Ceferino S. Cabreza Jr., et al.

  • G.R .No. 171491 - Dr. Castor C. De Jesus v. Rafel D. Guerrero III, Cesario R. Pagdilao and Fortuna B. Aquino

  • G.R. No. 171681 - Kei Marie and Bianca Angelica both surnamed Abrera, minors, represented by their parents Evelyn C. Abrera, et al. v. Hon. Romeo F. Barza, in his capacity as Presiding Judge of Regional Trial Court, Branch 61, Makati City and College Assu

  • G.R. No. 171984 - Bandila Maritime Services, Inc. and/or Tokomaru Kaiun Co., Ltd. v. Rolando Dubduban

  • G.R. No. 172217 - Spouses Lydia Flores-Cruz, et al. v. Spouses Leonardo and Iluminada Goli-Cruz, et al.

  • G.R. No. 172447 & G.R. No. 179404 - Iglesia Evangelisca Metodista En Las Islas Filipinas (IEMELIF), Inc. v. Nataniel B. Juane/Nataniel B. Juane v. Iglesia Evangelisca Metodista En Las Islas Filipinas (IEMELIF), Inc.

  • G.R. No. 174116 - Eastern Shipping Lines, Inc. v. Prudential Guarantee and Assurance, Inc.

  • G.R. No. 175064 - Province of Camarines Sur, represented by Governor Luis Raymund F. Villafuerte, Jr. v. Hon. Court of Appeals and City of Naga, represented by Mayor Jesse M. Robredo

  • G.R. No. 175172 - Cresencia Achevara, Alfredo Achevara and Benigno Valdez v. Elvira Ramos, John Arnel Ramos and Kristine Camille Ramos

  • G.R. No. 175528 - PO3 Benito Sombilon, Jr. v. People of the Philippines

  • G.R. No. 175490 - Ileana Dr. Macalino v. Bank of the Philippines Islands

  • G.R. No. 176014 - Alice Vitangcol and Norberto Vitangcol v. New Vista Properties, Inc., et al.

  • G.R. No. 176040 - Casa Cebuana Incoporada, et al. v. Ireneo P. Leuterio

  • G.R. No. 176364 - Juanito R. Rimando v. Commission on Elections and Norma O. Magno

  • G.R. No. 176546 - Felicitas P. Ong v. The People of the Philippines

  • G.R. No. 176700 - Romero Montederamos v. Tri-Union International Corporation

  • G.R. No. 177056 - The Office of the Solicitor General v. Ayala Land Incorporated, et al.

  • G.R. No. 177066 - Joselito Musni Puno (as heir of the late Carlos Puno) v. Puno Enterprises, Inc., represented by Jesusa Puno

  • G.R. No. 177456 - Bank of the Philippine Isalands v. Domingo R. Dando

  • G.R. No. 177531 - Civil Service Commission v. Fatima A. Macud

  • G.R. No. 177705 - Kimberly-Clark Philippines, Inc. v. Nora Dimayuga, et al.

  • G.R. No. 177753 - People of the Philippines v. Benjamin Ocampo

  • G.R. No. 177836 - Edwino A. Torres (deceased), represented and substitute by Alfonso P. Torres III, et al.

  • G.R. NOS. 177857-58, G.R. NO. 178193 and G.R. NO. 180705 - Philippine Coconut Producers Federation, Inc. (COCOFED), Manuel V. Del Rosario, Domingo P. Espina, et al. v. Republic of the Philippines

  • G.R. No. 178034, G.R. No. 178117 and G.R. NOS. 186984-85 - Andrew Jame Mcburne v. Eulalio Ganzon, et al.

  • G.R. No. 178485 - People of the Philippines v. Mariano Sapigao, Jr.

  • G.R. No. 178529 - Equitable PCI Bank, Inc (now known as Banco De Oro-EPCI, Inc.) v. Heirs of Antonio C. Tiu, et al.

  • G.R. No. 178543 - People of the Philippines v. Aristo Villanueva

  • G.R. No. 178933 - Recardo S. Silverio, Jr. v. Court of Appeals and Nelia S. Silverio-Dee

  • G.R. No. 179103 and G.R. NO. 180209 - National Power Corporation v. Premier Shipping Lines, Inc.

  • G.R. No. 179213 - People of the Philippines v. Nicolas Gutierrez y Licunan

  • G.R. No. 179313 - Makil U. Pundaodaya v. Commission on Elections, et al.

  • G.R. No. 179319 - Eugene C. Firaza v. People of the Philippines

  • G.R. No. 179475 - People of the Philippines v. Daniel Sibunga y Agtoca

  • G.R. No. 179502 - Progressive Trade & Service Enterprises v. Maria Milagrosa Antonio

  • G.R. No. 179583 - Jimmy L. Barnes a.k.a. James Barnes v. Teresita C. Reyes, et al.

  • G.R. No. 179799 - Zenaida R. Gregorio v. Court of Appeals, et al.

  • G.R. No. 179862 - Land Bank of the Philippines v. Heirs of Asuncion Anonuevo Vda. Santos, et al.

  • G.R. No. 179944 - People of the Philippines v. Antonio Ortiz, et al.

  • G.R. No. 179985 - Pdilon L. Martinez v. B&B Fish Broker and/or Norberto M. Lucinario

  • G.R. No. 180274 - Virgilio C. Crystal and Glynna F. Cystal v. Bank of the Philippines Islands

  • G.R. No. 180453 - Republic of the Philippines v. Dante C. Abril, represented by his Attorney-in-fact, Manuel C. Blaco, Jr.

  • G.R. No. 180478-79 - The Heritage Hotel of Manila v. National Labor Relations Commission, Rufino C. Ra on II, and Ismael C. Villa

  • G.R. No. 180508 - People of the Philippines v. Antonio v. Antonio Ramos y Viray

  • G.R. No. 180693 - Bonifacio Dolera y Tejada v. People of the Philippines

  • G.R. No. 180863 - Angelita Valdez v. Republic of the Philippines

  • G.R. NOS. 180880-81 and G.R. NOS. 180896-97 - Keppel Cebu Shipyard, Inc. v. Pioneer Insurance and Surety Corporation

  • G.R. No. 180888 - Rolando Placido and Edgardo Caragay v. National Labor Relations Commission and Philippine Long Distance Telephone Company, Incorporated

  • G.R. No. 180992 - Elmer Diamante y Sioson, et al. v. People of the Philippines

  • G.R. No. 181081 - People of the Philippines v. Roldan Arcosiba alias "Entoy"

  • G.R. No. 181300 - Malayan Insurance Co., Inc. v. Jardine Davies Transport Services, Inc. and Asian Terminals, Inc.

  • G.R. No. 181303 - Carmen Danao Malana, et al. v. Benigno Tappa, et al.

  • G.R. No. 181503 - Bio Quest Marketing Inc. and/or Jose L. Co v. Edmund Rey

  • G.R. No. 181613 - Rosalinda A. Penera v. Commission on Elections and Edgar T. Andanar

  • G.R. No. 181629 - People of the Philippines v. Elizardo Cabiles alias "SARDO"

  • G.R. NOS. 181999 & G.R. No. 182001-04 and G.R. NOS. 182020-24 - Ofelia Caunan v. People of the Philippines, et al.

  • G.R. No. 182185 - Joaquin Ga, Jr., et al. v. Spouses Antonio Tabungan, et al.

  • G.R. No. 182320 - Tacloban Far East Marketing Corporation, et al. v. The Court of Appeals, et al.

  • G.R. No. 183088 - People of the Philippines v. Donato Capco y Sabadlab

  • G.R. No. 183141 - Edgardo H. Catindig v. People of the Philippines, et al.

  • G.R. No. 183142 - Rosita A. Montanez v. Provincial Agrarian Reform Adjudicator (PARAD), et al.

  • G.R. No. 183387 - Simeon M. Valdez v. Financiera Manila Inc.

  • G.R. No. 183457 - People of the Philippines v. Roel Arbalate, et al.

  • G.R. No. 183546 - Wilson A. Go v. Harry A. Go

  • G.R. No. 183646 - Great Southern Maritime Services Corp., et al. v. Leonila Surigao, et al.

  • G.R. No. 183656 - Gilbert Zalameda v. People of the Philippines

  • G.R. No. 183802 - Alexander Tam Wong v. Catherine Factor-Koyoma

  • G.R. No. 183965 - Joanie Surposa Uy v. Jose Ngo Chua

  • G.R. No. 184037 - Antonio Lopez y Dela Cruz v. People of the Philippines

  • G.R. No. 184225 - Spouses Rogelio F. Lopez and Teotima G. Lopez v. Samuel R. Espinosa and Angelita S. Espinosa

  • G.R. No. 184252 - China Banking Corporation v. Sps. Wenceslao & Marcelina Martir

  • G.R. No. 184268 - Ernesto Batalla v. Commission on Elections and teodoro Bataller

  • G.R. No. 184285 - Rodolfo "Rudy" Canlas, et al. v. Iluminada Tubil

  • G.R. No. 184735 - Miriam B. Elleccion vda. De Lecciones v. National Labor Relations Commission, et al.

  • G.R. No. 184958 - People of the Philippines v. Anthony C. Domingo and Gerry Domingo

  • G.R. No. 185001 - Ronnie H. Lumayna, et al. v. Commission on Audit

  • G.R. No. 185203 - People of the Philippines v. Domingo Araojo

  • G.R. No. 186138 - People of the Philippines v. Loreto Daria y Cruz

  • G.R. No. 186497 - People of the Philippines v. Hasanaddin Guira y Bansil

  • G.R. No. 187043 - People of the Philippines v. Lorenzo Oliva y Rosela

  • G.R. No. 187156 - People of the Philippines v. Melody Gutierrez y Lauriada

  • G.R. No. 187503 - People of the Philippines v. Tecson Lim y Chua and Maximo Flores y Viterbo

  • G.R. No. 188456 - Harry L. Roque, et al. v. Commission on Election, et al.

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    G.R. No. 179475 - People of the Philippines v. Daniel Sibunga y Agtoca

      G.R. No. 179475 - People of the Philippines v. Daniel Sibunga y Agtoca

    PHILIPPINE SUPREME COURT DECISIONS

    [G.R. NO. 179475 : September 25, 2009]

    PEOPLE OF THE PHILIPPINES, Appellee, v. DANIEL SIBUNGA Y AGTOCA, Appellant.

    D E C I S I O N

    CARPIO MORALES, J.:

    Daniel Sibunga y Agtoca (appellant) was convicted by the Regional Trial Court of Baguio City, Branch 61 of violation of Section 5, Article II of Republic Act No. 9165 (the Comprehensive Dangerous Drugs Act).

    The accusatory portion of the Information1 filed against appellant reads:

    That on or about the 26th day of September 2003, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, and without authority of law, did then and there willfully, unlawfully and feloniously sell, distribute and/or deliver one (1) piece of medium heat-sealed plastic sachet divided into two containing white crystalline substance or Shabu weighing 2.01 grams knowing fully well that said white crystalline substance or Shabu is a dangerous drug, in violation of the aforementioned provision of law. (Underscoring supplied)cralawlibrary

    From the evidence for the prosecution, the following version is established:

    At about 7:00 p.m. of September 26, 2003, while PO3 Albert Lag-ey, together with PO2 Vincent Lagan of the PNP, was conducting surveillance at the People's Park, Baguio City, he received a tip via telephone from a civilian asset or informant that "Marty" and "Daniel" were looking for prospective buyers of shabu. He thus instructed the informant to arrange a meeting with the two. And he and PO2 Lagan relayed the information to Inspector Melchor Nawi Ong who immediately formed a buy-bust team of which they formed part, together with SPO4 Malateo. The team thereupon coordinated2 with the PDEA and submitted a Pre-operation Report.3 And Inspector Ong gave the team members the amount of P8,000.00 as "show money."4

    At 7:15 p.m. also on September 26, 2003, the members of the team motored to Bonifacio Street and met their informant infront of the Baguio Central University. As PO2 Lagan remained inside their vehicle, SPO4 Malateo, PO3 Lag-ey and the informant walked towards U Need Lumber,5 also in Bonifacio Street, where they were to meet "Marty" and "Daniel."

    Soon, two persons approached the informant who introduced the two officers to them as prospective buyers of shabu. The stouter one, later identified to be appellant, asked them how much they were buying to which SPO4 Malateo replied "isang bulto lang." The younger one, later identified to be Marty Ampadi (Ampadi), at once brought out one heat-sealed plastic sachet containing crystalline substance from his pocket and handed it to Ampadi who thereupon demanded payment from SPO4 Malateo. At that instant, SPO4 Malateo and PO3 Lag-ey introduced themselves as police officers, took the sachet, and arrested the two whom they brought to the Drug Enforcement Unit of the Baguio City Police Office for documentation.

    The crime laboratory confirmed the contents of the seized sachet as methamphetamine hydrochloride,6 hence, appellant's indictment.

    As for Ampadi, the Public Prosecutor's Office recommended that he be charged for Illegal Possession of Dangerous Drug.7 However, it is not apparent from the records of the case whether Ampadi was charged.

    At the trial, SPO4 Malateo and PO3 Lag-ey positively identified appellant as one of the two persons they arrested during the buy-bust operation. And SPO4 Malateo identified the sachet of shabu (Exhibit "K") which they seized.8

    Upon the other hand, appellant gave the following version:

    On September 26, 2003, he, a resident of Bauang, La Union, went up to Baguio City. He repaired to a billiard hall along Bonifacio Street where he met Ampadi with whom he played for a bet of P150.00 per game. After playing, he, Ampadi and a certain Jun walked along Bonifacio Street in the course of which two men approached Jun and Ampadi and engaged them in a conversation. Suddenly, one who turned out to be SPO4 Malateo shouted "arestado kayo." He (appellant) and Ampadi were then brought to the Drug Enforcement Unit (DEU). He was thereafter brought to the Baguio General Hospital where he was merely asked if he was in pain or if he had any tattoos on his body.9

    In fine, appellant claimed that he was framed up.

    By Decision of January 24, 2006, the trial court convicted appellant, disposing as follows:

    WHEREFORE, judgment is rendered finding accused Daniel Sibunga y Agtoca GUILTY as charged and he is hereby sentenced to life imprisonment and to pay a fine of P500,000.00.10

    On appeal, the Court of Appeals, by Decision of June 1, 2007,11 affirmed that of the trial court's.

    The appellate court discredited appellant's claim of frame-up, holding that in buy-bust operations, absent any clear and convincing evidence that members of the buy-bust team were inspired by any improper motive or were not properly performing their duty, their testimonies deserve full faith and credit, hence, the presumption of regularity in the performance of official duty and the findings of the trial court on the credibility of witnesses prevail.12

    The appellate court discredited too appellant's contention that since no payment for the shabu was given, no sale was consummated.

    Hence, the present Petition for Review on Certiorari .

    Appellant questions the heavy reliance by the lower courts on the testimonies of SPO4 Malateo and PO3 Lag-ey despite the seeming inconsistency in their testimonies as to the actual weight/quantity of the drug that they were allegedly negotiating to buy. Thus he cites that while SPO4 Malateo testified that he told appellant and Ampadi that he wanted to buy "isang bulto lang,"13 PO3 Lag-ey testified that SPO4 Malateo answered that they were buying two (2) grams only.14

    And appellant stresses that during his testimony, SPO4 Malateo was not sure of the denomination of the P8,000.00' "show money," the latter at first claiming that it consisted of P1,000.00 bills, but later claiming that it consisted of P500.00 bills.15

    In any event, appellant claims that, if at all, his only participation in the transaction, based on the prosecution's evidence, was his alleged demand for the payment of the shabu from SPO4 Malateo.16

    The appeal is bereft of merit.

    Respecting the above-cited inconsistencies in the police officers' testimonies, the same are neither substantial nor of such a nature as to cast serious doubts on their credibility. The established rule of evidence is that inconsistencies in the testimony of prosecution witnesses with respect to minor details and collateral matters do not affect either the substance of their declaration, their veracity or the weight of their testimony.17

    It bears pointing out that although initially PO2 Lag-ey testified, during his direct examination on July 14, 200518 or close to two years after the buy-bust operation, that he heard SPO4 Malateo tell appellant that they were buying two grams of shabu, he later clarified during cross examination on the same date that what he meant was "isang bulto" and not two grams.19

    As for SPO4 Malateo's failure to correctly recall the denominations of the P8,000.00 - "show money,"20 the same could just be a mere lapse of memory, given that the testimony was given on February 9, 2005 or one year and five months after the occurrence of the buy-bust transaction. Slight contradictions, after all, are badges against memorized perjury.21

    What is important is that SPO4 Malateo and PO3 Lag-ey's respective testimonies are consistent insofar as the presence of the elements of the crime is concerned.

    As for appellant's argument that no consummated sale of drugs occurred since no money changed hands during the buy-bust operation, the same fails. The absence of marked money does not create a hiatus in the prosecution evidence as long as the drug subject of the illegal transaction (Exhibit "K") was presented at the trial court.22 There is no rule of law which requires that in buy-bust operations there must be a simultaneous exchange of the marked money and the prohibited drug between the poseur-buyer and the pusher.23

    Finally, the defense of "frame-up" in drug cases is generally frowned upon, for like alibi, it is inherently weak as it is easy to concoct but difficult to prove.24 For it to prosper, it must be supported by clear and convincing evidence. This appellant failed to do. The presumption that the police officers performed their duties regularly thus remains.25

    WHEREFORE, the June 1, 2007 Decision of the Court of Appeals in CA-G.R. CR HC No. 02008 is AFFIRMED. No costs.

    SO ORDERED.

    Endnotes:


    * Per Special Order No. 706 and additional member per Special Order No. 691.

    ** Per Special Order No. 690 in lieu of the sabbatical leave of Senior Associate Justice Leonardo A. Quisumbing.

    1 Records, p.1.

    2 TSN, July 14, 2005, pp. 3-24.

    3 Records, p. 15.

    4 TSN, November 9, 2004, pp. 4-11.

    5 Id. at 7-8.

    6 Records, p. 148.5.

    7 Id. at 5.

    8 TSN, November 10, 2004, pp. 3-16.

    9 TSN, October 12, 2005, pp. 4-19.

    10 Records, p. 206.

    11 Penned by Justice Cecil C. Librea-Leagogo, with the concurrence of Justices Conrado M. Vasquez, Jr. and Regalado E. Maambong, rollo, pp. 2-29.

    12 CA rollo, pp. 81-108.

    13 TSN, Nov. 10, 2004, p. 8.

    14 TSN, July 14, 2005, p. 11.

    PROS. CATRAL:

    Q: You said that the Informant was approached by these two (2) persons, what happened next?cralawred

    A: After a sort conversation and the Informant already introduced SPO4 Malateo, Daniel Sibunga asked how much will SPO4 Malateo buy, Sir.

    Q: Were you able to listen to what SPO4 Malateo replied?cralawred

    A: Yes, Sir.

    Q: How far were you again when this person already talked with SPO4 Malateo?cralawred

    A: During that time we were just a foot away, Sir.

    Q: What did SPO4 Malateo say?cralawred

    A: He answered two (2) grams only, Sir.

    15 CA rollo, p. 31.

    16 Id. at 39.

    17 People v. Nicolas, 311 Phil. 79, 88 (1995).

    18 TSN, July 14, 2005, p. 11.

    19 Id. at 22.

    20 TSN, February 9, 2005, pp. 11-13.

    21 People v. Chua, 416 Phil. 33, citing People v. Sanchez, G.R. No. 121039-45, 302 SCRA 21, 51-52 (1999).

    22 People v. Nicolas, 311 Phil. 79, 88 (1995).

    23 People v. Concepcion. G.R. No. 178876, June 27, 2008, 556 SCRA 421, 442.

    24 Juanito Chan y Lim, a.k.a. Zhang Zhenting v. Secretary of Justice, Pablo C. Formaran III and Presidential Anti-Organized Crime Task Force, represented by PO3 Danilo L. Sumpay, G.R. No. 147065, March 14, 2008, citing Marilyn H. Co v. Republic of the Philippines, G.R. No. 168811, November 28, 2007, 539 SCRA 147.

    25 People v. Nicolas, G.R. No. 110116. February 1, 1995, 241 SCRA 67.

    G.R. No. 179475 - People of the Philippines v. Daniel Sibunga y Agtoca


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