November 2008 - Philippine Supreme Court Resolutions
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[G.R. No. 181031 : November 10, 2008] THE PEOPLE OF THE PHILIPPINES V. ROSE BIROS Y BALDON:
[G.R. No. 181031 : November 10, 2008]
THE PEOPLE OF THE PHILIPPINES V. ROSE BIROS Y BALDON
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated 10 November 2008:
G.R. No. 181031 (The People of the Philippines v. Rose Biros y Baldon).- This appeal seeks the reversal of the decision[1] of the Court of Appeals in CA-G.R.. CR-H.C. No. 01886 affirming the judgment of the Regional Trial Court[2] in Criminal Case No. 12925-D and 12926-D, finding appellant Rose Biros y Baldon guilty beyond reasonable doubt of violation of Sections 5 and 11, Article 11 of Republic Act (R.A.) No. 9165 and imposing upon her the penalty of life imprisonment and fine in the amount of P500:000.00.
From the evidence adduced by the prosecution, it appears that at around 5:30 p.m. on 27 September 2003, a tip was received from a confidential informant that a certain Rose was selling shabu in Baltazar Street, Barangay Pinagbuhatan, Pasig City. Acting on the tip, a buy-bust team was formed composed of its team leader, SPO4 Manuel Buenconsejo (SPO4 Buenconsejo), POl Aldrin Mariano (POl Mariano), who acted as the poseur-buyer, and POl Janel Sabo, POl Roland Panis, PO2 Arturo San Andres, who all served as back-up. The buy-bust money was prepared and marked by placing the initials "ARM" on the forehead of the picture of the bill. A pre-operation report was likewise prepared and coordinated with the Philippine Drug Enforcement Agency (PDEA).[3]
Thereafter, the team proceeded to the target area. POl Mariano and the informant walked along Baltazar Street and spotted Rose, later identified as appellant, in front of a billiard hall.[4] The informant approached appellant and introduced POl Mariano as his cousin who wanted to buy shabu. POl Mariano offered to buy P200.00 worth of shabu. Appellant then took out her coin purse, got one sachet of the alleged shabu, and gave it to POl Mariano in exchange for P200.00.[5]
Upon consummation of the sales transaction, PO1 Mariano made the pre-arranged signal and arrested appellant. Upon his order, appellant opened her coin purse and yielded another plastic sachet of suspected shabu. The evidence was marked before the team proceeded to the Rizal Medical Center for appellant's medical examination. Afterwards, appellant was turned over to the Pasig Police Station.[6]
For her defense, appellant testified that she was at Baltazar Street, Barangay Pinagbuhatan, Pasig City, to visit her cousin. Unable to reach her, appellant decided to go home. On her way, she was approached by two men and asked if she knew of a certain "Rufo," to which question she demurred. The two men suddenly held her hand and frisked her. She was subsequently brought to the police station where the policemen demanded P50,000.00 from her in exchange for her liberty.[7]
Appellant was charged in two separate informations[8] with violations of Sections 5 and 11, Article II of R.A. No. 9165. After trial, the RTC found appellant guilty of the crime of illegal sale of shabu, but was acquitted of the offense of illegal possession of shabu. The dispositive portion of the decision reads:
The trial court gave credence to the testimonies of the prosecution witnesses which clearly established the fact of illegal sale of shabu by appellant. However, the court considered the prosecution's failure to offer the sachet of shabu in evidence as fatal to its cause and accordingly acquitted her of the charge of illegal possession of shabu.
The appellate court affirmed appellant's conviction. It held that the prosecution was able to establish that appellant was caught in flagrante delicto while selling shabu. Moreover, the identity of the shabu was confirmed by the laboratory request for its examination, the sufficiently�marked envelope containing the plastic sachet of shabu and the forensic chemist's report. The appellate court also observed that the buy-bust operation was conducted properly. Finally, it dismissed the alleged contradictory statements of the prosecution witnesses as minor and not affecting their credibility.
After a careful scrutiny of the records, this Court agrees with the findings and conclusions of the Court of Appeals. Indeed, the prosecution has successfully established all elements necessary for the prosecution of the offense of illegal sale of shabu, namely; (1) that the transaction of sale took place; and (2) the presentation in court of the corpus delicti or the illicit drug as evidence.[10] Consequently, appellant's defense of denial falters in the face of the positive identification by prosecution witnesses who enjoy the presumption of regularity in their favor.[11] Moreover, her unsubstantiated claim of extortion being unsubstantiated deserves scant consideration.
WHEREFORE, the appeal interposed by appellant is DENIED. The Decision of the Court of Appeals dated 31 May 2007, affirming the Regional Trial Court Decision dated 22 November 2005, finding appellant Rose Biros y Baldon guilty of violation of Section 5, Article II of R.A. No. 9165 and sentencing her to suffer the penalty of life imprisonment and to pay a fine of P500,000.00 is hereby AFFIRMED.
G.R. No. 181031 (The People of the Philippines v. Rose Biros y Baldon).- This appeal seeks the reversal of the decision[1] of the Court of Appeals in CA-G.R.. CR-H.C. No. 01886 affirming the judgment of the Regional Trial Court[2] in Criminal Case No. 12925-D and 12926-D, finding appellant Rose Biros y Baldon guilty beyond reasonable doubt of violation of Sections 5 and 11, Article 11 of Republic Act (R.A.) No. 9165 and imposing upon her the penalty of life imprisonment and fine in the amount of P500:000.00.
From the evidence adduced by the prosecution, it appears that at around 5:30 p.m. on 27 September 2003, a tip was received from a confidential informant that a certain Rose was selling shabu in Baltazar Street, Barangay Pinagbuhatan, Pasig City. Acting on the tip, a buy-bust team was formed composed of its team leader, SPO4 Manuel Buenconsejo (SPO4 Buenconsejo), POl Aldrin Mariano (POl Mariano), who acted as the poseur-buyer, and POl Janel Sabo, POl Roland Panis, PO2 Arturo San Andres, who all served as back-up. The buy-bust money was prepared and marked by placing the initials "ARM" on the forehead of the picture of the bill. A pre-operation report was likewise prepared and coordinated with the Philippine Drug Enforcement Agency (PDEA).[3]
Thereafter, the team proceeded to the target area. POl Mariano and the informant walked along Baltazar Street and spotted Rose, later identified as appellant, in front of a billiard hall.[4] The informant approached appellant and introduced POl Mariano as his cousin who wanted to buy shabu. POl Mariano offered to buy P200.00 worth of shabu. Appellant then took out her coin purse, got one sachet of the alleged shabu, and gave it to POl Mariano in exchange for P200.00.[5]
Upon consummation of the sales transaction, PO1 Mariano made the pre-arranged signal and arrested appellant. Upon his order, appellant opened her coin purse and yielded another plastic sachet of suspected shabu. The evidence was marked before the team proceeded to the Rizal Medical Center for appellant's medical examination. Afterwards, appellant was turned over to the Pasig Police Station.[6]
For her defense, appellant testified that she was at Baltazar Street, Barangay Pinagbuhatan, Pasig City, to visit her cousin. Unable to reach her, appellant decided to go home. On her way, she was approached by two men and asked if she knew of a certain "Rufo," to which question she demurred. The two men suddenly held her hand and frisked her. She was subsequently brought to the police station where the policemen demanded P50,000.00 from her in exchange for her liberty.[7]
Appellant was charged in two separate informations[8] with violations of Sections 5 and 11, Article II of R.A. No. 9165. After trial, the RTC found appellant guilty of the crime of illegal sale of shabu, but was acquitted of the offense of illegal possession of shabu. The dispositive portion of the decision reads:
WHEREFORE, premises considered, judgment is hereby rendered against accused ROSE BIROS y BALD ON, as follows:
- In Criminal Case No. 12925-D, said accused is hereby found GUILTY beyond reasonable doubt of the offense of illegal sale of shabu and is hereby sentenced to LIFE IMPRISONMENT and to pay a FINE of Five Hundred Thousand Pesos (P500,000.00).
- In Criminal Case No. 12936-D, accused is hereby ACQUITTED of the offense of illegal possession of I>shabu. Considering the above penalty imposed, the immediate commitment of accused Rose Biros to the Correctional Institute for Women, Mandaluyong City, is hereby ordered.
Pursuant to Section 20 of Republic Act 9165, the amount of Two Hundred Pesos (P200.00) recovered from the accused representing the proceeds from the illegal sale of the plastic sachet of shabu is hereby ordered forfeited in favor of the government.
Likewise, pursuant io Section 21 of the same law. representatives from the Philippine Drug Enforcement Agency (PDEA) is hereby ordered to lake charge and have custody over the sachets of shabu object of these cases, for proper disposition.
Costs against the accused.
SO ORDERED.[9]
The trial court gave credence to the testimonies of the prosecution witnesses which clearly established the fact of illegal sale of shabu by appellant. However, the court considered the prosecution's failure to offer the sachet of shabu in evidence as fatal to its cause and accordingly acquitted her of the charge of illegal possession of shabu.
The appellate court affirmed appellant's conviction. It held that the prosecution was able to establish that appellant was caught in flagrante delicto while selling shabu. Moreover, the identity of the shabu was confirmed by the laboratory request for its examination, the sufficiently�marked envelope containing the plastic sachet of shabu and the forensic chemist's report. The appellate court also observed that the buy-bust operation was conducted properly. Finally, it dismissed the alleged contradictory statements of the prosecution witnesses as minor and not affecting their credibility.
After a careful scrutiny of the records, this Court agrees with the findings and conclusions of the Court of Appeals. Indeed, the prosecution has successfully established all elements necessary for the prosecution of the offense of illegal sale of shabu, namely; (1) that the transaction of sale took place; and (2) the presentation in court of the corpus delicti or the illicit drug as evidence.[10] Consequently, appellant's defense of denial falters in the face of the positive identification by prosecution witnesses who enjoy the presumption of regularity in their favor.[11] Moreover, her unsubstantiated claim of extortion being unsubstantiated deserves scant consideration.
WHEREFORE, the appeal interposed by appellant is DENIED. The Decision of the Court of Appeals dated 31 May 2007, affirming the Regional Trial Court Decision dated 22 November 2005, finding appellant Rose Biros y Baldon guilty of violation of Section 5, Article II of R.A. No. 9165 and sentencing her to suffer the penalty of life imprisonment and to pay a fine of P500,000.00 is hereby AFFIRMED.
Very truly yours,
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
�(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
Endnotes:
[1] Rollo, pp. 2-!4; Penned by Associate Justice Portia Ali�o-Hormachuelos and concurred in by Associate Justices Edgardo F. Sundiam and Monina Arevalo Zenarosa.
[2] CA rollo, pp. 18-23; Presided by Judge Pablito M. Rojas.
[3] TSN, 6 Juty2004,pp. 5-7.
[4] Id. at 8-9.
[5] Id. at 10-12.
[6] Id. at 13-15.
[7] TSN, 14 June 2005, pp. 4-9.
[8] Records, pp. 1 and 12.
[9] CA rollo, pp. 22-23.
[10] People v. De Guzman, G.R. No. 151205, 9 June 2004, 43) SCRA 516, 524.
[11] People v. Pendatun, 478 Phil. 201 (2004).
