636 Phil. 214
PEREZ, J.:
Criminal Case No. 12364-D
x x x x
On or about April 24, 2003 in Pasig City, and within the jurisdiction of this Honorable Court, the accused, not being lawfully authorized by law, did then and there willfully, unlawfully and feloniously sell, deliver and give away to PO3 Amilassan M. Salissa, a police poseur-buyer, one (1) heat-sealed transparent plastic sachet containing sixteen (16) decigrams (0.16 gram) of white crystalline substance, which was found positive to the test for methamphetamine hydrochloride, a dangerous drug, in violation of the said law.[4]
Criminal Case No. 12365-D
x x x x
On or about April 24, 2003, in Pasig City and within the jurisdiction of this Honorable Court, the accused, not being lawfully authorized to possess any dangerous drug, did then and there willfully, unlawfully and feloniously have in her possession and under her custody and control one (1) heat-sealed transparent plastic sachet containing twenty six (26) decigrams (0.26 gram), of white crystalline substance, which was found positive to the test for methamphetamine hydrochloride, a dangerous drug, in violation of the said law.[5]
PO3 AMILASSAN SALISA testified that on April 24, 2003, at about 5:00 o'clock in the afternoon, a confidential informant arrived in their office at the Pasig City Mayor's Special Action Team, City Hall Detachment, Pasig City Police Station, where he was then detailed and reported that one, alias `Moluk,' was engaged in the sale of illegal drugs in Floodway, Purok 4, Barangay Sta. Lucia, Pasig City. Following his receipt of the report, he informed their Chief, Police Senior Inspector Rodrigo Villaruel who immediately caused the formation of a team to conduct a buy-bust operation composed of himself, who was designated as the poseur-buyer, PO1 Janet Sabo, PO2 Arturo San Andres and PO1 Aldrin Mariano. As the poseur-buyer, he was provided with two (2) pieces of One Hundred Peso (P100.00) bills (Exhs. `D' and `E') upon which he placed the markings `AMS' representing his initials (Exhs. `D-1' and `E-1,' respectively) for identification purposes. After a briefing, the team, together with the informant, proceeded to the target area, as abovementioned, arriving there at about 6:00 o'clock in the evening of the aforementioned date. Upon arrival at the target area, and after parking their vehicle, he and the informant alighted first and proceeded by walking to the house of alias `Moluk' while the other team members positioned themselves nearby to observe the projected buy-bust operation. After he and the informant saw Moluk, they approached him and thereafter, the informant introduced his companion (herein witness) as one who wanted to buy shabu. After a brief conversation, he handed to `Moluk' the two (2) PHP 100.00 bills and in turn, the latter handed to him one (1) heat-sealed transparent plastic sachet containing white crystalline substance (Exh. `C-1') upon which, he later placed the markings `AMS-4/24/03' representing his initials and the date of the buy-bust operation. The buy-bust transaction having been consummated, he immediately gave the pre-arranged signal for his teammates to approach and assist him in the operation. PO1 Janet Sabo who was the first to arrive at the scene of the buy-bust operation, apprehended a female person to whom `Moluk' also handed a sachet of suspected shabu earlier. PO1 Sabo allegedly recovered from the woman the plastic sachet (Exh. `C-2') after she opened her hand upon instructions of PO1 Sabo. As to the two (2) One Hundred Peso bills (Exhs. `D' and `E'), he was able to recover the same from `Moluk' right after the buy-bust operation. Both `Moluk' and the female person who turned out to be Mario Miguel y Bernabe (accused in Criminal Case No. 12364-D), and Amalia Dizon y Regachelo (accused in Criminal Case No. 12365-D), respectively, were subsequently brought to the Pasig Police Station for investigation and filing of the appropriate charge/charges. As part of the investigation, both herein witness as well as PO1 Janet Sabo, executed a `Pinagsamang Salaysay' consisting of two (2) pages (Exhs. `F' and `F-1') narrating the circumstances leading to the arrest of the accused.
PO1 JANET SABO corroborated the above testimony of PO3 Salisa. In addition, PO1 Sabo testified that while PO3 Salisa, the poseur-buyer, was talking with a male person, who was with a female companion, at the place of the buy-bust operation, PO1 Sabo saw PO3 Salisa hand something to the male person and in turn, the latter handed something to Salisa. At this point, Salisa scratched his nape which was the pre-arranged signal indicating the completion of the buy-bust transaction. Upon seeing the signal, she, together with the other team members, immediately rushed to where PO3 Salisa was situated to give him assistance. Upon instructions of PO3 Salisa, she immediately held the female companion of the male person and after introducing herself as a police officer told the female person to bring out the sachet of suspected shabu which according to PO3 Salisa the male person had earlier handed the female person. At first, the female person refused, but eventually gave in to the demand and brought a plastic sachet containing suspected shabu (Exh. `C-2'). Thereafter, she placed the markings `JAS-4/24/03' on the plastic sachet representing her initials and the date of the buy-bust operation (Exhibit "C-2-A"), for identification purposes. Later, they brought the male and female persons, who turned out to be the accused Mario Miguel (in Criminal Case No. 12364-D) and accused Amalia Dizon (in Criminal Case No. 12365-D), respectively, first to the Rizal Medical Center for medical examination and then to the Pasig Police Station. In the course of the investigation conducted, she and PO3 Salisa executed a Joint Affidavit entitled `Pinagsamang Salaysay' (Exh. `F' and `F-1').
For his part, PO2 ARTURO SAN ANDRES testified that being a member of the team which was formed to conduct a buy-bust operation against a suspected drug trafficker at Purok 4, East Bank Road, Floodway, Pasig City, on April 24, 2003, he was with the team when they proceeded to the area on said date. Aside from being a back-up which was his assigned role, he was the one who delivered the request for Laboratory examination (Exh. `A') together with the specimen subject matter of these cases, to the PNP Crime Laboratory, St. Francis Street, Mandaluyong City, on 24 April 2003, as shown by the Rubber Stamp (Exh. `A-1') appearing at the bottom left-hand corner of the Request.[8]
The first defense witness, accused AMALIA DIZON testified that on April 24, 2003, at about 2:00 o'clock in the afternoon, while she was then outside her house (691 Purok 4, Floodway, Sta. Lucia, Pasig City) sweeping, a male person approached her asking for the whereabouts of one by the name of `Lyn.' In response, she told the male person that she did not know the person he was looking for. After a while, three (3) male persons in civilian clothes arrived in a vehicle and held the male person who was looking for Lyn. One of the three (3) male persons also held her and when she asked why, she was told to just go with them telling her that they were policemen. Thereafter, she and the male person who was handcuffed were forcibly brought to a vehicle. Once inside the vehicle, one of the three (3) male persons allegedly asked her for PHP5,000.00 in order that she can be released, but she told him that she did not have that amount. While still inside the vehicle, she also told them that she did not know the male person who was taken together with her and when asked by the three (3) male persons, why she was talking with the male person, she told them that at that time, the male person was just looking for somebody. They were brought to the Pasig City Hall where she was detained. After twelve (12) days, she posted bail and was released.
The next defense witness, accused MARIO MIGUEL, testified that on April 23, 2003, at about 3:00 o'clock in the afternoon, while he and his wife were on board a jeepney being then driven by his `compadre,' a lady by the name of `Lyn,' who happened to be riding also (in) the same jeepeney, asked him if he knows somebody who has a vehicle which can be rented. He answered in the affirmative and then asked the lady where she lived because he will see her the following day and the lady said that she lived along Floodway where, according to her, she is well known. The following day, April 24, 2003, at about 3:00 o'clock in the afternoon, he went to the said place where he met one Amalia Dizon and asked her if she knew Lyn, but Amalia told him she did not know Lyn. It was at this point that he was suddenly arrested by persons whom he concluded were policemen because they had guns. He was frisked, but nothing was recovered from him. Thereafter, he was brought to the vehicle used by the policemen and after a while, Amalia Dizon was likewise brought there. He said he did not know Amalia Dizon personally prior to the above incident. Then, he and Amalia were brought to the Pasig Police Station and detained.
The third and last defense witness, NIDA MIGUEL, wife of accused Mario Miguel, testified that on April 23, 2003, at about 3:00 in the afternoon, they were on board a jeepney driven by their compadre on their way home. While they were seated at the back of the driver's seat, her husband and the driver were talking about their lives as drivers. Along the way, a female person hailed the jeepney and seated herself in front of them. Having heard the conversation between her husband and the driver, the female passenger asked them if they knew of someone who has a vehicle that can be rented. Her husband Mario then asked the lady passenger, `Bakit po kayo aarkila ng sasakyan?' and the lady replied, `For purposes of transferring residence.' (T.S.N., August 9, 2005, p.4) Then her husband asked the lady where she was transferring. In reply, the lady told Mario that she will discuss it first with her husband and asked Mario to visit her in her house. Before alighting from the jeepney, the lady told Mario to `Go to my house tomorrow and my name is Lyn.' x x x. Accordingly, the following day, after lunch, her husband went to the place mentioned by the lady passenger to look for her which is in front of the MMDA station. Before her husband left, he told her that he will return immediately after she talked with the lady. She waited until evening that day, but her husband never returned. Later, she learned from her husband's aunt that Mario Miguel had been detained at the Pasig Police Station.[9]
WHEREFORE, premises considered, judgment is hereby rendered as follows:
In Criminal Case No. 12364-D filed against accused Mario Miguel y Bernabe for Violation of Section 5, Article II, Republic Act 9165 (Illegal Sale of Shabu), he is hereby sentenced to LIFE IMPRISONMENT and to pay a FINE of Five Hundred Thousand Pesos (PHP 500,000.00).
In Criminal Case No. 12365-D filed against accused Amalia Dizon y Regachelo for Violation of Section 11, Article II, Article II, (sic) Republic Act 9165 (Illegal Possession of Shabu), said accused is hereby sentenced to Twelve (12) Years and One (1) Day to Twenty (20) Years and to pay a FINE of Three Hundred Thousand Pesos (PHP300,000.00).
Considering the penalty imposed upon accused Mario Miguel, his immediate commitment to the National Penitentiary, New Bilibid Prison, Muntinlupa City, is hereby ordered.
Pursuant to Section 20 of Republic Act 9165, the amount of Two Hundred Pesos recovered from accused Mario Miguel representing the proceeds of the illegal sale of the plastic sachet of shabu is hereby ordered forfeited in favor of the government.
Again, pursuant to Section 21 of the same law, representatives from the Philippine Drug Enforcement Agency (PDEA) is (sic) hereby ordered to take charge and have custody over the sachets of shabu object of these cases, for proper disposition.[10]
WHEREFORE, the instant appeal is DISMISSED and the assailed decision dated January 16, 2006 of the Regional Trial Court of Pasig City, Branch 70, is AFFIRMED in toto.[11]
THE COURT A QUO GRAVELY ERRED IN FINDING THE ACCUSED-APPELLANT MARIO MIGUEL GUILTY OF VIOLATING SECTION 5, ARTICLE II OF REPUBLIC ACT 9165 AND ACCUSED-APPELLANT AMALIA DIZON GUILTY OF VIOLATING SECTION 11, ARTICLE II OF REPUBLIC ACT 9165.
Q. Will you please state in brief what was that assignment given to you? A. On April 24, at about 5:00 p.m., a confidential informant went to our office and informed us regarding (the) activities of alias Moluk, selling drugs, sir. Q. Would you know who received that information from the confidential informant? A. Me (sic) personally, sir. And after I got the information, I informed our chief, P(olice) Sr. Insp(ector) Villaruel. Q. When you informed your Chief Villaruel regarding this information given by the confidential informant, what did your office do, if any? A. Our Chief conducted a briefing and instruction, sir. And he designated me as a poseur-buyer and he furnished me (with) two (2) One Hundred Peso (P100.00) bills to be used as a buy-bust money, sir. x x x x Q. And after the briefing, what else happened thereafter, (M)r. Witness, if any? A. We proceeded to the given area, sir. Q. Where is that given area? A. Purok 4, Brgy. Sta. Lucia, Pasig City, sir. Q. Did you in fact proceed to said area? A. Yes, sir. Q. And that was on April 24, 2003, Mr. Witness? A. Yes, sir. Q. And what time did you arrive at the said area? A. On or about 6:00 p.m., sir. Q. What happened when you arrived in said Purok 4, Brgy. Sta. Lucia, Pasig City? A. We parked our service vehicle and I alighted first, together with the informant. And then, we started to locate the residence of alias Moluk, sir. x x x x Q. And after you have located the residence of alias Moluk, what happened next, if any? A. The informant pointed to me alias Moluk, sir. Q. And after that, what happened next? A. We approached him, sir. Q. And what happened next after you approached him? A. The informant introduced me to him and then, he asked what do we need, so, we replied, `iiskor,' sir. Q. How were you introduced by the informant? A. I was introduced as one who will score, shabu, sir. Q. What do you mean by `score,' (M)r. witness? A. I will buy shabu, sir. Q. In other words, you were introduced by the informant to alias Moluk as the one interested in buying shabu? A. Yes, sir. Q. What was the reaction or what was the response of alias Moluk when the confidential informant informed him that you were interested in buying shabu from him? A. He looked at me and then, I handed to him the two (2) One Hundred Peso bills, which he accepted, sir. Q. And after that, what happened next, (M)r. witness? A. He pulled out from his pocket and then, handed to me one (1) heat-sealed transparent plastic sachet containing white crystalline substance, sir. Q. And after receiving this one (1) plastic sachet of white crystalline substance, what happened next? x x x x A. I looked at it, sir. And while looking at it, I sent to my companions my pre-arranged signal. Q. What happened next, after that? A. After I have confirmed that it was a suspected shabu, I held his hand and told him of his constitutional rights, sir. Q. Did you find out later what is the true identity of this alias Moluk? A. When we were already in the office, we learned of his identity, sir. Q. What was his real identity? A. Mario Miguel, sir.[18]
Q. After you give (sic) your pre-arranged signal, would you know what did (sic) your companion do after that? A. After I have sent my pre-arranged signal, PO1 Sabo suddenly arrived. And when she came, I also pointed to her a female person and I told PO1 Sabo that this woman was also handed a shabu, sir. Q. Do I understand that alias Moluk gave shabu to this woman? x x x x A. While we were approaching alias Moluk, we saw him talking with a lady, and I saw that he personally handed to her a plastic sachet containing white crystalline substance, sir. Q. And as you said earlier, this is the reason why you informed Sabo about the fact that Moluk handed one (1) plastic sachet to this woman? A. Yes, sir. Q. And when you pointed this woman to Police Officer Sabo, what did you or PO1 Sabo do, if any? A. I heard PO1 Sabo instructed the lady to open her hand and there, I saw one (1) plastic sachet containing white crystalline substance, sir. Q. And when you and PO1 Sabo found out that this woman was in possession of one (1) plastic sachet, what did you do with her, if any? A. It was PO1 Sabo who told her that, "You are holding a shabu, so, I am arresting you." Q. Did you find out later on who is this woman, from whom Police Officer Sabo recovered this plastic sachet? A. Yes, sir. When we reached our office, we learned that her true identity is Amy. I cannot recall her last name, sir. Q. At any rate, Mr. Witness, you stated earlier that you found out later that alias Moluk's real name is Mario Miguel, is that correct? A. Yes, sir. Q. If ever you will see him again, will you be able to identify him? A. Yes, sir. Q. Will you please look inside the courtroom and if he is present, will you please step down and approach him, and identify him? A. Yes, sir. COURT INTERPRETER Witness tapped the shoulder of a male person, who when asked, identified himself as Mario Miguel. Q. Although, Mr. Witness, you cannot recall the surname of this woman, whom you can only remember as one who has the name Amy. If ever you will see her again, will you be able to recognize her? A. Yes, sir. Q. If ever she is present inside this courtroom, will you please step down from the witness stand and identify her? A. Yes, sir. COURT INTERPRETER Witness tapped the shoulder of a woman who when asked, identified herself as Amy. PROSECUTOR CRISOLOGO: May I request the said person be asked the full name, Your Honor? AMALIA DIZON: Amalia Dizon, Your Honor. Q. What happened to the plastic sachet that you bought from Mario Miguel, alias Moluk? A. After I have informed him of his constitutional rights, I handcuffed him and then, I put markings on the sachet, sir. Q. What markings did you place, Mr. Witness? A. Exh. A, AMS 4/24/2003, sir. Q. As you have described, Mr. Witness, I am showing to you one (1) plastic sachet with said markings, Exh. A, AMS 4/24/03. Will you please look at the same and tell this Honorable Court if this is the very same plastic sachet whom you alleged that Mario Miguel alias Moluk, sold to you? A. The same plastic sachet, sir. PROSECUTOR CRISOLOGO: May I make it of record, Your Honor, that this plastic sachet has been previously marked as Exhibit C-1 for the prosecution. Q. You also mentioned earlier that Sabo, when she requested the woman, now identified as Amalia Dizon, to open her hand, you and Sabo saw that she is also in possession of one (1) plastic sachet, is that correct? A. Yes, sir. Q. What did you do with this plastic sachet? A. It was PO1 Sabo who marked the other sachet, sir.[19]