368 Phil. 340
PANGANIBAN, J.:
"That on or about [the] 22nd day of October, 1996 in the City of Mandaluyong, Philippines, a place within the jurisdiction of this Honorable Court, the above-named accused, conspiring[,] confederating together and mutually helping one another, without having been authorized by law, did then and there willfully, unlawfully and feloniously attempt to deliver, distri[b]ute, transport or sell to another, white crystalline substance weighing 234.84 grams all contained in various heat-sealed transparent plastic bag[s] found positive to the test for [m]ethamphetamine hydrochloride locally known as 'shabu', a regulated d[ru]g."During their arraignment on November 12, 1996, the accused-appellants, duly assisted by counsel, pleaded not guilty to the charge.[3] After trial, the RTC promulgated its herein assailed Decision[4] dated June 5, 1997, the dispositive portion of which states:
"WHEREFORE, premises considered, this Court finds accused Carlos Boco y Alejo @ Caloy and Ronaldo Inocentes @ Boyet Paa guilty beyond reasonable doubt as principals for violation of Section 21, Art. IV, R.A. 6425, as amended, and imposes upon them the supreme penalty of death and xxx a fine in the sum of P5,000,000.00.
"The 234.84 grams of shabu subject of the information in this case is hereby ordered forfeited in favor of the government and ordered turned over to the Dangerous Dru[gs] Board c/o NBI Manila, for disposal as provided by law."
"About 2:00 o'clock in the morning on 22 October 1996, a confidential informer arrived in the District Anti-Narcotic Unit, Eastern Police District (DANU-EPD), Camp Miguel Ver, Capitol Compound, Pasig City and talked with Capt. Rodrigo Bonifacio [who, in turn,] tol[d] SPO1 Emmanuel Magallanes that the informer [would] come back and if the suspect [was] available, he [would] act as poseur-buyer. When the confidential informer returned and informed Capt. Bonifacio that the suspect [was] available, Capt. Bonifacio formed a team to effect a buy-bust operation. The team left their headquarters about 3:15 a.m. on 22 October 1996 and arrived at the target area about 3:45 a.m. on the same date. Upon arrival in the place, SPO1 Magallanes with the confidential informer proceeded to the pre-arranged meeting place located at Martinez St., corner Gen. Kalentong St., Brgy. Vergara, Mandaluyong City. The rest of the team members placed themselves in strategic places in the area, while SPO1 Magallanes and the confidential informer stood-by in the designated meeting place. Soon thereafter, a Mitsubishi Lancer car arrived and stopped at where SPO1 Magallanes and the confidential informer were standing by. On board the car were two (2) men, the driver and a passenger. When the confidential informer recognized @ Caloy, the man seated in th[e] passenger seat [o]f t[h]e Mitsubishi Lancer, he introduced SPO1 Magallanes to him telling @ Caloy that he would be a potential regular customer. After a short conversation, SPO1 Magallanes asked @ Caloy if he ha[d] the shabu which was previously ordered. Alias Caloy told SPO1 Magallanes that he ha[d] the shabu and it [would] cost him P20,000.00. SPO1 Magallanes then showed @ Caloy his P20,000.00, but before giving it, he asked [if he could] examine first the shabu. Alias Caloy then asked his companion, @ Boyet Paa, to get the shabu. Boyet Paa then got one (1) piece of heat sealed plastic from the glove compartment of the car and handed it to @ Caloy who in turn handed it over to SPO1 Magallanes who examined it and found that it contained crystalline substance suspected to be shabu. SPO1 Magallanes then made the pre-arranged signal to his back-up who rushed to where he was and after introducing themselves as policemen, arrested the suspects. SPO1 Magallanes then frisked @ Caloy and found five (5) pcs. of heat sealed plastic bags neatly taped around his right leg weighing about 210 grams. SPO1 P[o]ngyan who frisked 'Boyet Paa found from his right front pocket one (1) piece of heat sealed plastic containing crystalline substance weighing about 5 grams. The suspects then were informed of the offense they ha[d] committed and their constitutional rights. They were also identified as Carlos Boco y Alejo @ Caloy and Ronaldo Inocentes y Cruz @ Boyet Paa. Thereafter, they were brought to the police headquarters together with the confiscated items. At the headquarters, the suspects were turned over to the police investigator and the suspected shabu forwarded to the PNP Crime Laboratory at Camp Crame for examination and P/Insp. Isidro Cariño to whom the required examination was assigned, found the same positive for Methamphetamine Hydrochloride (shabu), a regulated drug (Exhibit 'C')."
"On 21 October 1996 before midnight, Carlos Boco, Jr. and Ronaldo Inocentes went to 246 La Torre St., Sta. Ana, Manila to pic[k]-up the former's live-in partner. They stayed in the place for about three (3) hours. When they boarded their car and [was] about to leave, men approached them with the[i]r guns drawn, ordered them [t]o alight from their car and to board a van to bring them to the Eastern Police District. Francis Labutap corroborated Boco on this point. Before proceeding to said Eastern Police District, they passed by the 7-11 Restaurant at New Panaderos, Mandaluyong City. They stopped there for about half an hour. While in the place, the driver of the van took from Boco his jewelries consisting of three (3) rings, one (1) necklace, one (1) bracelet and his wrist watch plus 10,000.00 Yen, $100.00 and P18,500.00. Thereafter, Capt. Bonifacio arrived in the place [and] told them xxx '[Y]ari kayo', shabu was found on board your car. Boco told Capt. Bonifacio that they d[id] not have any drug. Thereafter, they were brought to the Eastern Police District and about 2:00 p.m. that day, they were required to fac[e] press people and there, they denied the charges agai[n]st them. About 7:00 p.m. that [s]ame day, they were transferred to the City Jail of Mandaluyong City."
"As between a denial and an alibi [of the accused] and the positive testimonies of the prosecution witnesses, the latter has more weight than the former xxx. Moreover, police officers are entitled to the presumption that they have performed their official duties. Their testimony is entitled to great respect xxx.In arriving at its conclusion that there was a consummated unauthorized sale of the regulated drug methamphetamine hydrochloride, the court a quo explained:[8]
"In buy-bust operations involving drugs, the delivery of the buy-bust money to the seller is not a prerequisite. The fact that the money was shown to the pusher and the poseur-buyer asked that he be shown the drug before he [would deliver] the money and said drug was handed to said poseur-buyer, that circumstance is enough for the police to apprehend the accused. Sale transaction of drugs under such circumstances is already perfected. After all, [a] contract of sale is perfected upon [the] meeting of the minds of the parties as to the object and the price thereof (Art. 1475, New Civil Code). Therefore, the arrest of the accused is legal, accused having been caught in flagrante delicto pushing prohibited drugs xxx. Hence, the search subsequent to accused's arrest is also legal (Sec. 12, Rule 126, Rules of Court; xxx).The trial court also concluded from the acts of both accused-appellants that conspiracy existed between them. "Inocentes was the driver of the car they were using at the time. When asked by SPO1 Magallanes to allow him to examine the shabu before giving the money, Boco asked Inocentes to get the shabu and the latter got one heat[-]sealed plastic sachet from the glove compartment of the car and handed it to Boco who in turn handed it to SPO1 Magallanes. Such acts, "the court ruled, "clearly constitute conspiracy."[9]
"The evidence shows that a perfected contract of sale [o]f shabu has been entered into between Carlos Boco @ Caloy and SPO1 Emmanuel Magallanes although SPO1 Magallanes did not deliver the money but instead confiscated the entire shabu in the possession of accused. Although the evidence shows a perfected buy-bust operation, the investigating prosecutor played safe. Instead of filing [for] violation of Section 15, Article IV of RA 6425, as amended, he chose to file the information under Section 21 of the same law. That, nevertheless, did not affect the liability of the accused because if the evidence is sufficient to support conviction of a consummated offense under Section 15, Article IV of RA 6425, as amended, there is no reason why the same evidence cannot support conviction for an attempted offense under Section 21 of the same law. Besides, violation of Section[s] 15 and 21 of the law provides the same penalty."
"1. The lower court erred in holding that the prosecution has established the guilt of the accused beyond reasonable doubt.In his separate Brief[13] filed by his counsel de parte,[14] Ronaldo Inocentes makes the following assignment of errors:
a. The lower court erred in holding that what transpired in the arrest of the accused was a buy-bust operation and not a frame-up.
b. The lower court erred in not considering the buy-bust operation, assuming that it did occur[,] as a case of instigation and not [of] a valid entrapment.
2. Assuming that the testimonies of the prosecution were true, the court erred in convicting the accused for conspiracy in committing illegal sale of seven (7) packs of shabu weighing 234.84 grams when only one pack containing about 20 grams appeared to be the object of the sale and the rest having been merely found in the possession of the accused when they were subjected to body search."
"THAT THE TRIAL COURT ERRED IN xxx CONCLUDING [THE] EXISTENCE OF CONSPIRACY ON THE BASIS OF INCONCLUSIVE, UNCLEAR, UNSUBSTANCIATED AND UNCORROBORATED FACT AND EVIDENCE OF THE MERE PRESENCE OF ACCUSED-APPELLANT INOCENTES AT THE PLACE OF THE INCIDENT WHICH WAS EXPLAINED AND UNREBUTTED, WHERE THE SPECIFIC TARGET WAS BOCO WHERE [THE] ACTUAL FACT AND EVIDENCE SHOW NO CLEAR OR PARTICIPATORY ACT OF INOCENTES OF A CONSCIOUS DESIGN TO COMMIT AN OFFENSE SAVE THE LONE UNSUPPORTED TESTIMONY OF SPO1 MAGALLANES ABSOLVING INOCENTES TESTIFYING THAT INOCENTES WAS SIMPLY SEATED AT THE DRIVER'S SEAT AND THAT IT WAS BOCO WHO TOOK THE SHABU FROM THE COMPARTMENT OF THE CAR HIMSELF.Furthermore, Aurora Salva Bautista, collaborating counsel who represented both appellants during some part of the trial, submits a Supplemental Brief[15] in which she makes the following assignment of errors:II.
"THAT THE TRIAL COURT ERRED GRIEVIOUSLY IN RENDERING AND PROMULGATING A DECISION CONVICTING ACCUSED-APPELLANTS BOCO AND INOCENTES FOR THE ALLEGED SALE AND DELIVERY OF SHABU IN AN INFORMATION CHARGING AND DESCRIBING THE OFFENSE BEING PROSECUTED AS 'WILLFULLY, UNLAWFULLY, AND FELONIOUSLY [AN] ATTEMPT TO DELIVER, DISTRIBUTE TRANSPORT OR SELL TO ANOTHER, WHITE CRYSTALLINE SUBSTANCE' AND THEREFORE A VERY CLEAR VARIANCE EXISTED BETWEEN THE CRIME CHARGED AND THE EVIDENCE PRESENTED RESULTING IN THE PROMULGATION OF AN ERRONEOUS DECISION.III.
"THAT THE TRIAL COURT ERRED IN HOLDING AND CONVICTING ACCUSED-APPELLANTS ON MERE INFERENCES AND ASSUMPTIONS OF COMPLETE SALE OR TRANSACTION WHERE EVEN THE EXISTENCE OF THE SHABU AND THE ALL IMPORTANT BUY-BUST MONEY IS DOUBTFUL CONSIDERING THAT IN OUR JURISDICTION, NOT ONLY EACH AND EVERY ASPECT AND FACT CLAIMED AS EVIDENCE OF THE COMMISSION OF A CRIME MUST BE PROVEN BY VERY CLEAR AND CONVINCING EVIDENCE, THE EVIDENCE OF GUILT MUST BE PROVEN BEYOND REASONABLE DOUBT WHICH SADLY IN THE CASE AT BAR, THE PROSECUTION FAILED MISERABLY TO PRODUCE.IV.
"THAT THE TRIAL COURT ERRED GRIEVIOUSLY IN NOT RESOLVING ALL DOUBTS, INCONSISTENCIES, HIGHLY IMPROBABLE AND UNCONVINCING EVIDENCE PRESENTED BY THE PROSECUTION IN FAVOR OF THE ACCUSED-APPELLANT INOCENTES, TOTALLY IGNORING AND FAILING TO GIVE WEIGHT AND RECOGNITION TO THE MOST SUPERIOR AND IMPORTANT PRESUMPTION IN LAW AND JURISPRUDENCE, THAT OF THE PRESUMPTION OF IN[N]OCENCE WHICH OVERRIDES ALL OTHER PRESUMPTIONS, MOST ESPECIALLY IN THE CASE AT BAR WHERE THE PROSECUTION HA[S] FAILED MISERABLY IN ITS ASSIGNED TASK OF PRODUCING THAT QUANTUM OF EVIDENCE REQUIRED TO PROVE THE GUILT OF ACCUSED-APPELLANT RONALDO INOCENTES BEYOND THE SHADOW OF ANY DOUBT."
In sum, the issues raised by the accused-appellants involve (1) the sufficiency of the prosecution evidence to support their conviction, (2) the existence of conspiracy between them, (3) the validity of the entrapment ("buy-bust" operation or frame-up), and (4) the alleged variance between the offense charged and the evidence proffered.
"1. THE TRIAL COURT ERRED IN NOT RULING THAT THE PROSECUTION FAILED TO IDENTIFY THE SHABU WHICH CONSTITUTES THE CORPUS DELICTI OF THE OFFENSE CHARGED;2. THE TRIAL COURT MISERABLY FAILED TO REFUTE THE IRRECONCILIABLE TESTIMONIES OF THE PROSECUTION WITNESSES SPO1 EMMANUEL MAGALLANES AND SPO1 ROBERT S. PONGYAN IN RELATION TO THEIR JOINT AFFIDAVIT AS POINTED OUT BY THE ACCUSED-APPELLANTS IN THEIR MEMORANDUM SUBMITTED BEFORE SAID COURT[;]3. THE TRIAL COURT ERRED IN RELYING ON THE WEAKNESS OF THE DEFENSE RATHER THAN ON THE STRENGTH OF THE PROSECUTION EVIDENCE;4. THE TRIAL COURT ERRED IN RELYING MAINLY ON THE PRESUMPTION OF REGULARITY OF DUTY PERFORMED RATHER THAN ON THE CONSTITUTIONAL PRESUMPTION OF THE INNOCENCE OF THE ACCUSED; AND5. THE TRIAL COURT ERRED IN NOT RULING THAT THE BUY-BUST OPERATION AGAINST THE ACCUSED-APPELLANTS WAS A MERE FRAME-UP"
A member of the arresting team, SPO1 Robert Pongyan who personally searched the body of Appellant Inocentes right after his arrest, testified on the incident as follows:
"Q Now, could you recall xxx any unusual incident that transpired when you were at the office at about 1:00 o'clock in the morning? A Capt. Bonifacio [was] talking to somebody and told me not to leave. Q After Capt. Bonifacio talked to that person, what happened? A He told that the person he [was] talking with will come back and I will be the one to accompany him to buy [from a certain] Caloy. Q What else did Capt. Bonifacio [tell] you he talked [about] with that person? A I [was] the one who talked to that person and Capt. Bonifacio introduced me. Q So, you were introduced to that informant? A Yes, ma['a]m. Q And, were you able to talk to that informant? A Yes, ma['a]m. Q What did you talk about? A The informant told me to wait and the person he [was] talking with [come back and I will return to the office when I finished talking to him. The person named Caloy. Q And, after that, what happened? A At about 2:10 o'clock, he c[a]me back and told me that [he] already talked to the person named Caloy. Q Now, after relaying that information, what did your office do, if any? A I was ordered to go with that person to meet Caloy. Q Other than that, what else was the instruction of Capt. Bonifacio? A Capt. Bonifacio told me to make sure that we will be able to buy shabu. Q Then, after that, what happened? A We proceeded [to] Martinez St. cor. Vergara, ma['a]m. Q Were is that Martinez Street? A Mandaluyong, ma['a]m. Q You said that we proceeded to xxx Martinez St., at Mandaluyong[;] who are you referring to as we? A The informant, ma['a]m.
Q Who else [was] with you, if any? A Our Team, ma['a]m. Q Who [were] the members of that Team that you [are] talking about? A I [was] with SPO4 Basco, SPO1 Pongyan, SPO4 Bernardo, SPO4 Velasco and the others I cannot remember. Q Were you able to reach the place, Mr. witness?
A Yes, ma['a]m. Q Now, what happened when you reached that place? A A car arrived with two (2) persons. Q What kind of vehicle xxx arrived? A It [was] like a Lancer. Q When the motor vehicle arrived, where were you then positioned? A We were just standing side by side with the informant because that [was] what we ha[d] agreed upon. Q What [were] you wearing at that time, Mr. witness? A Civilian clothes, ma['a]m. Q What about the other members of the team, where were they then? A They were a little bit farther but they saw me. Q Upon the arrival of the two (2), what happened?
A I was introduced to Caloy Boco. Q And, how were you introduced by the informant of yours? A The informant told [me] that 'okay ito[,] walang problema[,] gumagamit ito.' Q And, then, what happened after that? A I asked him if I [could] buy and [he] told me[,] if you have P20,000.00 I will give you.
Q And, what was your response to that [remark of] this Boco? A I showed him the P20,000.00, ma['a]m.
Q After you showed the P20,000.00, what happened? A I asked him if I could examine the shabu. Q Were you able to examine the shabu?
A He got a pack from the compartment and when I examined it I found it to be positive. I lighted a cigarette to signal to my companions. Q What [was] the purpose of lighting a cigarette? A That [would] be a signal that I [was] holding the evidence. Q After the pre-arrange[d] signal, what happened? A I introduced myself that I [was] a police [officer]. Q Then, after introducing yourself as a police officer, what happened? A My companions approached us, then, pinaligid na po nila, pinaputok na po sila. Q After ordered him to a shot, who searched?[sic] A Carlos Boco, ma['a]m. Q And, when you searched the question [sic] of Boco, [what] did you [find], if any? A Yes, ma['a]m, on his right leg xxx shabu [was] taped. Q What else did you find on his body, if any? A Five (5) pcs. of shabu, ma['a]m. Q What about the other person? A Iyong isa po si Pongyan ang nanghuli."[24]
Apparently, there are no material inconsistencies in the testimonies of the two principal prosecution witnesses. Rather, they complement each other to give a complete picture of how the accused-appellants' illegal sale of the regulated drug transpired, and how the sale led to their apprehension in flagrante delicto. At the very least, their testimonies establish beyond doubt that regulated drugs were in the possession of both appellants, who had no authority to possess or sell them.
"Q At 1:00 o'clock in the morning of October 22, 1996 could you recall where were you then? A We were at the headquarters of the District Anti-Narcotics Unit. Q While you were in your office, could you recall of any unusual incident that transpired? A Yes, ma['a]m. Q What was that unusual incident? A I noticed that our Chief, Sr. Insp. Rodrigo Bonifacio was having a conversation with an informant. PROSEC. LEONARDO: Q Did you happen to know what was the nature of the conversation of Bonifacio with that informant? A It [was] regarding xxx narcotics or drug dealing. Q And after that talk with Bonifacio, what happened? A Sr. Insp. Bonifacio told us to stand by for possible dispatch. Q Were you actually dispatch[ed] during that time? A Yes, ma['a]m. Q When you were dispatched, you said, 'we'. Wh[o] [were] you referring [to] as 'we'? A My companions [we]re Sr. Insp. Bonifacio, SPO Bernardo[,] PO3 Enano, SPO Magallanes, Silva and Sgt. Basco. Q What was your participation with respect to the team created by Bonifacio? A I was tasked to be a back-up. Q How about Magallanes? A As I know, he was tasked to be the poseur buyer. Q Now, after dispatching, where did you proceed? A We proceeded to Mandaluyong City. Q Where in Mandaluyong City? A At Brgy. Vergara corner Kalentong. COURT:
Q Is this Barangay Vergara corner Kalentong or Vergara Street? A Street, Your Honor. PROSEC. LEONARDO: Q Were you able to reach that place of your target? A Yes, ma['a]m. Q What happened [when you] reach[ed] that place? A Sr. Insp. Bonifacio told us to position our vehicle. PROSEC. LEONARDO: Q After positioning your vehicle, what happened? A We waited. Q For what? A For our subject. Q [Did] the subject of your operation [arrive] at the scene? A Yes, ma['a]m. Q When the subject person arrived, what happened? A SPO Magallanes together with the informant talked to the subject. Q You said that the subject arrived[;] did you happen to see how did they arrive in the place? A They were on board a Mitsubishi car. Q How many were inside that car that arrived? A Two (2). Q Two (2) persons? A Two (2) persons. Q What [were] their gender[s], male or female persons? A Two (2) male persons. Q You said Magallanes and the informant talked to these two (2) male persons. How far were you when Magallanes and the informant were talking to these male persons[?] How far were you from them?A We were about ten (10) to fifteen (15) meters [away]. Q When Magallanes and the informant were talking to the 2 male persons, what happened? A The subject handed something to SPO Magallanes. PROSEC. LEONARDO: Q How did you know that the subject male person was handing something to Magallanes? A From our position, we saw their action, their movement from our position. Q So, it was visible from where you were standing what was transpiring [at] the place where Magallanes and the informant were? A Yes, mam. Q When you saw that, after that something was handed by the subject to Magallanes, what happened? A After that, we saw Magallanes [accost] the subject. Q After the subject was xxx accosted by Magallanes[,] what happened? A Our team leader, Sr. Insp. Bonifacio, told us to immediately alight and proceed to where Magallanes [was]. Q You alighted from the vehicle?
A Yes, ma['a]m. Q After alighting from the vehicle, what happened? A We rendered assistance to SPO1 Magallanes. Q When you rendered assistance, what happened? A I proceeded to the vehicle of the subject together with Enano. Q Why did you proceed to the vehicle of the subject? A Because Sr. Insp. Bonifacio told me to secure the car. Q What did you do after proceeding to the car? A We introduced ourselves as policemen and frisked the occupant of it. PROSEC. LEONARDO: Q You frisked the occupant of the car? A Yes, ma['a]m. Q You mean to tell the Court that you asked the occupant of the car to step out of the car? A Yes, ma['a]m. Q And you said you frisked the persons [--] there were two (2) [--] did you happen to know the identit[ies] of the persons inside the car? A It [was] only a certain Boyet, Ma'am. Q This Boyet, where was he seated while they were inside the car? A At the driver's sea[t], Ma'am. Q He was the one driving the car? A Yes, Ma'am. Q And this was the person whom you frisked? A Yes, Ma'am. Q When you frisked [him], what did you recover, if any? A We recovered, [to] my personal knowledge xxx a shabu. Q How [much] shabu [did] you [recover] from this Boyet[?]
A One (1) pack of approximately five (5) grams. Q From what part of this person of Boyet did you recover the shabu? A Right front pocket of his shorts."[25]
"SEC. 21. Attempt and Conspiracy. -- The same penalty prescribed by this Act for the commission of the offense shall be imposed in case of any attempt or conspiracy to commit the same in the following cases:Clearly, the provision covers attempt and conspiracy, both of which were alleged in the Information. This negates any surprise that could have adversely affected the appellants in their defense. As said earlier, the prosecution evidence has convincingly established that both appellants conspired to sell the shabu, without authority of law.
(a) Importation of dangerous drugs;
(b) Sale, administration, delivery, distribution and transportation of dangerous drugs;
(c) Maintenance of a den, dive or resort for prohibited drug users;
(d) Manufacture of dangerous drugs; and
(e) Cultivation or culture of plants which are sources of prohibited drugs."