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FIRST DIVISION
G.R. No. 105832 December 22, 1994
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JUNNY UTINAS, Accused-Appellant.
The Solicitor General for plaintiff-appellee.chanrobles virtual law library
Public Attorney's Office for accused-appellant.
BELLOSILLO, J.:
JUNNY UTINAS was sentenced to life imprisonment for selling 1.5 grams of marijuana worth P20.00. 1He is now before us reasserting his innocence.chanroblesvirtualawlibrarychanrobles virtual law library
The evidence of the prosecution shows that on 27 June 1990, after receiving reports of rampant marijuana peddling in Poblacion Norte, Ivisan, Capiz, the 6th Narcotics Regional Unit formed a buy-bust team to investigate and apprehend the drug pushers in the area. 2At about twelve noon, a team of NARCOM agents composed of T/Sgt. Rizaldo Labitan, Jr., and Pat. Jesus Monajan conducted a surveillance of the area. After obtaining substantial information that accused-appellant JUNNY UTINAS was regularly dealing in the sale of marijuana, the two police officers proceeded to his residence where they found him standing in the front yard of their house. T/Sgt. Labitan, Jr., the designated poseur-buyer, casually approached the accused while Pat. Monajan strategically positioned himself a few meters away from where the entrapment was to take place.chanroblesvirtualawlibrarychanrobles virtual law library
T/Sgt. Labitan, Jr., negotiated for the purchase of marijuana with the use of marked bills consisting of one (1) P10.00-bill and two (2) P5.00-bills. 3After receiving the marked bills, the accused went inside his house and when he came out he handed over to the NARCOM agent two (2) plastic tea bags of marijuana. Upon receiving the tea bags, T/Sgt. Labitan, Jr., introduced himself and immediately apprehended the accused. 4He then telegraphed the
pre-arranged signal to Pat. Monajan to indicate the completion of the entrapment. Pat. Monajan rushed to the scene to assist in the arrest. The marked bills were recovered by the NARCOM agents from the person of the accused.chanroblesvirtualawlibrarychanrobles virtual law library
After the arrest, the accused was brought to the Ivisan Police Station so that the incident could be recorded in the police blotter. The accused was then turned over to the temporary office of the 6th Narcotics Unit at Beehive, Roxas City, for proper investigation.chanroblesvirtualawlibrarychanrobles virtual law library
In the meantime, the two (2) plastic tea bags of marijuana were brought to the PNP Crime Laboratory Services at Camp Delgado, Iloilo City. A laboratory examination conducted by Capt. Zenaida S. Sinfuego, Forensic Chemist, yielded positive findings of marijuana which were recorded in Chemistry Report No.
D-088-90 dated 28 June 1990. 5chanrobles virtual law library
The defense has a different version. Leonidas Utinas, mother of the accused, narrated that at about twelve forty-five in the afternoon of 27 June 1990 NARCOM agents arrived at their residence while they were having lunch. Where her son JUNNY approached the police officers to inquire about the purpose of their visit, he was immediately collared and handcuffed by the NARCOM agents. 6Then he was brought to the Ivisan Police Station. Adalia Alvarez, a neighbor, corroborated the testimony of Leonidas. 7chanrobles virtual law library
On his part, the accused averred he was arbitrarily arrested for his previous refusal to act as an informer for T/Sgt. Labitan, Jr., and Pat. Monajan. 8He maintained that sometime in May 1990 he had the opportunity to meet the NARCOM agents near the church of Ivisan, Capiz, where he was requested by the two police officers to act as their informer. But since he did not accede, he was warned then and there that something untoward would happen to him. 9chanrobles virtual law library
On 27 November 1991, the Regional Trial Court of Roxas City,
Br. 17, 10found the accused JUNNY UTINAS guilty of having sold and delivered a prohibited drug in violation of Sec. 4, Art. II, R.A. No. 6425, as amended, and "sentenced . . . to suffer the penalty of reclusion perpetua (life imprisonment) and to pay the fine of twenty thousand pesos . . . ." 11chanrobles virtual law library
The accused interposes the instant appeal. He asserts that the trial court erred in giving credence to the testimonies of the prosecution witnesses while disregarding his defense. 12The crux of this appeal thus revolves around the credibility of witnesses.chanroblesvirtualawlibrarychanrobles virtual law library
We defer to the judgment of the court a quo. It is a settled doctrine that questions of fact are best resolved by the trial court. 13The findings of the trial court regarding the credibility of witnesses is a question better adjudged by the trial court having observed their demeanor and deportment during trial. 14An assessment of the credibility of witnesses is received by the appellate court with much respect in the absence of established exceptions calling for its reversal. 15The factual findings of the trial court must not be disturbed unless it is clearly shown that it had overlooked certain facts of substance or has arbitrarily disregarded circumstances of significance which would affect the result of the case. 16In the case at bench, these excepting circumstances do not exist.chanroblesvirtualawlibrarychanrobles virtual law library
We agree with the court a quo that the evidence of the prosecution, which principally relies on the testimonies of the arresting officers, has shown that accused-appellant is indeed guilty beyond reasonable doubt. The positive and categorical testimonies of arresting officers T/Sgt. Labitan, Jr., and Pat. Monajan are both clear and convincing. The confidence bestowed by the trial court on the narration of the two officers will not be disturbed in the absence of proof to hold otherwise.chanroblesvirtualawlibrarychanrobles virtual law library
Credence should be accorded the testimonies of the prosecution witnesses who as police officers are presumed to have performed their duties in a regular manner in the absence of proof to the contrary 17. In the absence of improper motive for testifying falsely against the accused, courts are inclined to uphold the presumption of regularity in the performance of duty by police officers. 18chanrobles virtual law library
The defense impugns the credibility of T/Sgt. Labitan, Jr., and Pat. Monajan as doubtful and questionable because of an alleged material contradiction in their testimonies. Appellant claims that while T/Sgt. Labitan, Jr., testified that "after receiving information from concerned citizens that there was rampant drug pushing at Poblacion Norte, Ivisan, Capiz, he and Pat. Monajan decided to (merely) conduct a covert surveillance," 19while Pat. Monajan declared that "they went to Poblacion Norte, Ivisan, Capiz to immediately conduct a buy-bust operation." 20Appellant argues that a covert surveillance is an investigation conducted to confirm reports of rampant drug pushing in an area by determining the identities and scope of the operations of drug pushers in said locality for the purpose of further operations thereafter, whereas a buy-bust operation is pursued after the information of drug pushing has already been validated, and the mission is to entrap the drug pushers through the use of a poseur-buyer, marked money, and a pre-arranged signal for the other members to assist in the arrest of the suspect. The defense submits that the discrepancy in the testimonies of the prosecution witnesses is very significant in the light of the fact that both are supposed to be conversant with the difference between "covert surveillance" and "buy-bust operation."chanrobles virtual law library
The alleged discrepancy in the testimonies of the police officers is more apparent than real. The testimony of T/Sgt. Labitan, Jr., shows that they went to Poblacion Norte to conduct a covert surveillance of the area. However, his testimony did not end there. He also stated that immediately after being informed that a certain JUNNY UTINAS alias "Jojo" was selling marijuana at the back of the Ivisan National High School, he and Pat. Monajan proceeded thereto and eventually conducted a buy-bust operation. T/Sgt. Labitan, Jr., testified thus -
Q Why did you go to Poblacion Norte, Ivisan, Capiz (on 27 June 1990)?chanrobles virtual law library
A Because we conducted a covert surveillance because according to concerned citizens there were (sic) rampant drug pushing.
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Q What was the result of your surveillance?chanrobles virtual law library
A We gathered information that alias Jojo is (sic) one of the vendor(s) whose house at the back of the school was selling marijuana.
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Q What did you do after receiving information that alias Jojo was selling marijuana?chanrobles virtual law library
A We followed up that information.chanroblesvirtualawlibrarychanrobles virtual law library
Q How did you follow-up that information?chanrobles virtual law library
A We went there at the exact area by the high school house.
xxx xxx xxx
Q What did you do after going near Jojo?chanrobles virtual law library
A I approach(ed) him and presented that I am (sic) a user.chanroblesvirtualawlibrarychanrobles virtual law library
Q So, what did you tell him?chanrobles virtual law library
A Then I inquired from him are you Jojo?chanrobles virtual law library
Q What did he answer?chanrobles virtual law library
A He replied I am the one, what do you want?
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A Then I told him, Parts, we came from Roxas City and we have some information that you have something and we want to score and we have nothing there at Roxas City. Then he told me, Parts, I have here, how much do you want?chanrobles virtual law library
Q And what did you do?chanrobles virtual law library
A Then I told him, Parts, I have here a twenty (peso) bill, how much can it buy?
xxx xxx xxx
Q Did you give that P10.00-bill and P5.00-bill to alias Jojo?chanrobles virtual law library
A Yes sir.
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Q After Jojo received P20.00 in one P10.00-bill and two P5.00-bill, what did he do?chanrobles virtual law library
A Then he said, Parts, wait (for) me here.chanroblesvirtualawlibrarychanrobles virtual law library
Q After telling you, Parts, wait for me here, what did he do?
xxx xxx xxx
Q When he came back, what did he do?chanrobles virtual law library
A When he came back he had with him 2 plastic bags of marijuana.
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Q When the accused Junny Utinas delivered to you the two plastic tea bags of marijuana, what did you do?chanrobles virtual law library
A Then immediately I identified myself, Parts, sorry I am a Narcotics agent.chanroblesvirtualawlibrarychanrobles virtual law library
Q After informing him that you are (sic) a Narcotics agent, what did you do?chanrobles virtual law library
A Then I arrested him. 21
From the testimony of T/Sgt. Labitan, Jr., it can be gleaned that immediately after the two NARCOM agents made a surveillance of the area, they proceeded to undertake a "buy-bust operation," although T/Sgt. Labitan, Jr., did not refer to the entrapment as a "buy-bust operation."chanrobles virtual law library
The defense likewise faults the trial court for allegedly failing to consider other manifest inconsistencies in the testimonies of the arresting officers that would make their credibility even more questionable. Appellant takes notice of the supposed contradictions: First, while T/Sgt. Labitan, Jr., recounts that it was a vendor who gave the exact address of the accused, Pat. Monajan claims that the information was obtained from a student; second, T/Sgt. Labitan, Jr., the poseur-buyer, stated that he communicated the pre-arranged signal to Pat. Monajan after placing the accused under arrest, whereas Pat. Monajan, the backup arresting officer, testified that the signal was given before the arrest was made; lastly, Pat. Monajan declared that the accused immediately got the marijuana from his pocket upon presentment of the marked bills, while T/Sgt. Labitan, Jr., stated that the accused first entered his house and then returned to the front yard to hand over the prohibited drug to the poseur-buyer. 22chanrobles virtual law library
Appellant's argument is bereft of merit. The alleged contradictions pointed out by appellant refer to minor matters which do not diminish the integrity of the evidence of the prosecution nor reflect on the honesty of the witnesses because there still exists a fundamental agreement on the main points of the incident. 23Minor contradictions among witnesses are to be expected in view of the differences of impressions, vantage points, memory, and other relevant factors. 24In fact, minor inconsistencies even tend to strengthen, rather than weaken, the credibility of the witnesses as they negate any suspicion of a rehearsed testimony. 25chanrobles virtual law library
Thus, a thorough and conscientious examination of the testimonies of T/Sgt. Labitan, Jr., and Pat. Monajan shows that there is a basic and substantial coherence in the testimonies of the two prosecution witnesses. Their narration clearly and convincingly establishes the fact that the appellant was caught in flagrante delicto selling marijuana as a result of a buy-bust operation.chanroblesvirtualawlibrarychanrobles virtual law library
The assertion of the defense that no entrapment actually took place is unavailing. Appellant claims that his arrest was actuated by improper motives on the part of T/Sgt. Labitan, Jr., and Pat. Monajan because of his previous failure to act as an informer of the two NARCOM agents. However, in his counter-affidavit executed during the preliminary investigation, appellant stated that he did not know the identities of the two police officers who apprehended him. 26Such an inconsistent stand by appellant militates against the veracity of his subsequent allegation that he was previously asked by T/Sgt. Labitan, Jr., and Pat. Monajan to be an informer before he was apprehended by the two police officers. 27chanrobles virtual law library
Finally, the pronouncement of appellant that the alleged informant of the NARCOM agents should have been presented to strengthen the prosecution's cause is devoid of any legal basis. This Court has ruled that the testimony of an informant is not necessary for a successful prosecution of a drug-pushing case because his testimony would merely be corroborative to the testimony of the poseur-buyer who testified on the facts surrounding the circumstances of the entrapment. 28chanrobles virtual law library
While we find no reason to overturn the judgment of conviction, we however find error in the way the penalty was imposed by the trial court. We have emphasized time and again that the penalty prescribed by The Dangerous Drugs Act of 1972 is life imprisonment and not reclusion perpetua, 29and that life imprisonment is not synonymous with reclusion perpetua. 30Hence, the lower court erred in imposing the penalty of reclusion perpetua in lieu of life imprisonment. The former carries with it the accessory penalties provided in the Revised Penal Code, while the latter does not. Nonetheless, appellant stands to benefit from Sec. 20 of R.A. 7659 31which lowers the penalty imposable on certain violations under The Dangerous Drugs Act. In People v. Simon, 32we said that if the quantity of marijuana involved was less than 750 grams the penalty to be imposed should range only from prision correccional to reclusion temporal. In order to determine the penalty to be imposed on appellant, we divide the amount of 750 grams into three (3) to correspond to the three (3) applicable penalties, namely, prision correccional, prision mayor, and reclusion temporal. Thus, if the marijuana seized weighs from 500 to 749 grams, the penalty to be imposed is reclusion temporal. If the marijuana seized weighs from 250 to 499 grams, the penalty to be imposed is prision mayor; and if the weight of the marijuana involved is below 250 grams, the penalty to be imposed is prision correccional. 33chanrobles virtual law library
Appellant was apprehended only for selling 1.5 grams of dried marijuana fruiting tops, hence, the imposable penalty should be prision correccional. Applying the Indeterminate Sentence Law, 34and in the absence of any mitigating or aggravating circumstance, the maximum penalty shall be taken from the medium period of prision correccional, which is two (2) years, four (4) months and one (1) day, to four (4) years and two (2) months, while the minimum shall be taken from the penalty next lower in degree, which is arresto mayor, the range of which is one (1) month and one (1) day to six (6) months, in any of its periods.chanroblesvirtualawlibrarychanrobles virtual law library
WHEREFORE, the decision appealed from finding accused-appellant JUNNY UTINAS guilty of violating Sec. 4, Art. II, R.A. 6425, as amended, is AFFIRMED, with the modification that accused-appellant is sentenced to suffer an indeterminate prison term of five (5) months of arresto mayor maximum as minimum, to three (3) years and two (2) months of prision correccional medium as maximum, with costs against him.chanroblesvirtualawlibrarychanrobles virtual law library
Considering that accused-appellant has been detained since 7 September 1990, or longer than his prison term herein imposed, his immediate release from custody is ordered unless he is held for another cause.chanroblesvirtualawlibrarychanrobles virtual law library
SO ORDERED.
Padilla, Davide, Jr., Quiason and Kapunan, JJ., concur.
Endnotes:
1 Rollo, p. 26.chanrobles virtual law library
2 TSN, 7 January 1991, p. 5.chanrobles virtual law library
3 Id., pp. 7-8.chanrobles virtual law library
4 Id., p. 8.chanrobles virtual law library
5 Records, p. 118.chanrobles virtual law library
6 TSN, 26 September 1991, p. 68.chanrobles virtual law library
7 Id., 22 August 1991, pp. 49-54.chanrobles virtual law library
8 Id., 22 October 1991, pp. 79-81.chanrobles virtual law library
9 Id., p. 81.chanrobles virtual law library
10 Judge Ramon B. Posadas, presiding.chanrobles virtual law library
11 Rollo, p. 26.chanrobles virtual law library
12 Id., p. 35.chanrobles virtual law library
13 People v. Ruelo, G.R. Nos. 104737-38, 26 October 1994.chanrobles virtual law library
14 People v. Gornes, G.R. No. 104869, 23 February 1994, 230 SCRA 270.chanrobles virtual law library
15 Ibid.chanrobles virtual law library
16 People v. Lagrosa, G.R. Nos. 105956-57, 23 February 1994, 230 SCRA 298.chanrobles virtual law library
17 People v. Gonzales, G.R. No. 106098, 7 December 1993, 228 SCRA 293.chanrobles virtual law library
18 People v. Ponsica, G.R. No. 108176, 14 February 1994, 230 SCRA 87.chanrobles virtual law library
19 TSN, 7 January 1991, p. 5
20 Id., 18 July 1991, p. 37.chanrobles virtual law library
21 Id., 7 January 1991, pp. 5-8.chanrobles virtual law library
22 Rollo, pp. 45-47.chanrobles virtual law library
23 People v. Fernandez, G.R. No. 90019, 8 December 1993, 228 SCRA 301; People v. Mariano, G.R. No. 86656, 31 October 1990, 191 SCRA 136.chanrobles virtual law library
24 People v. Santos, G.R. No. 106213, 23 September 1994.chanrobles virtual law library
25 People v. Bautista, G.R. No. 102618, 12 October 1993, 227 SCRA 152; People v. Custodio, G.R. No. 96230, 27 May 1991, 197 SCRA 538.chanrobles virtual law library
26 Records, p. 144.chanrobles virtual law library
27 TSN, 22 October 1991, pp. 78-81.chanrobles virtual law library
28 People v. De Los Reyes, G.R. No. 106874, 21 January 1994, 229 SCRA 439.chanrobles virtual law library
29 People v. Lucero, G.R. No. 84656, 4 January 1994, 229 SCRA 1; People v. Malakas, G.R. No. 92150, 8 December 1993, 228 SCRA 310; People v. Marcelino, G.R. No. 85247, 30 July 1993, 224 SCRA 770.chanrobles virtual law library
30 People v. Malakas, G.R. No. 92150, 8 December 1993, 228 SCRA 310; People v. Bautista, G.R. No. 102618, 12 October 1993, 227 SCRA 152; People v. Gerona, G.R. No. 100230, 8 November 1993, 227 SCRA 547.chanrobles virtual law library
31 An Act to Impose the Death Penalty on Certain Heinous Crimes, Amending for that Purpose The Revised Penal Code, as Amended, Other Special Penal Laws, and for Other Purposes.chanrobles virtual law library
32 G.R. No. 93028, 29 July 1994, reiterated in People v. Santos, G.R. No. 106213, 23 September 1994 and People v. Ruelo, G.R. Nos. 104737-38, 26 October 1994.chanrobles virtual law library
33 People v. De Lara, G.R. No. 94953, 5 September 1994; People v. Simon, G.R.
No. 93028, 29 July 1994.chanrobles virtual law library34 Sec. 1 of the Indeterminate Sentence Law as explained in People v. Simon.
