555 Phil. 394
GARCIA, J.:
That on or about the 19th day of July 2002, in Caloocan City, Metro Manila and within the jurisdiction of this Honorable Court, the above-named accused, without the authority of law, did then and there wilfully(sic), unlawfully and feloniously sell and deliver to PO1 ROLANDO DE OCAMPO who posed as buyer, METHYLAMPHETAMINE HYDROCHLORIDE (SHABU) weighing 0.06 grams, a dangerous drug, without the corresponding license or prescription therefor, knowing the same to be such.The other Information,[5] docketed as Criminal Case No. C-65964, charges accused-appellant with violation of Section 11, Article II, also of R.A. No. 9165, allegedly committed in the following manner:
CONTRARY TO LAW.
That on or about the 19th day of July 2002, in Caloocan City, Metro Manila and within the jurisdiction of this Honorable Court, the above-named accused, without the authority of law, did then and there willfully (sic), unlawfully and feloniously have in his possession, custody and control METHAMPHETAMINE (sic) HYDROCHLORIDE (SHABU) weighing 0.07 grams, knowing the same to be a dangerous drug under the provisions of the above-cited law.Criminal Case No. C-65964 was originally raffled to Branch 120 of the court, while Criminal Case No. C-65963 to Branch 127 thereof. On arraignment, accused-appellant, assisted by counsel, pleaded "Not Guilty" to both charges. Thereafter, and on motion of appellant's counsel, the two (2) cases were consolidated and assigned to Branch 127, after which a joint trial ensued.
CONTRARY TO LAW.
On July 19, 2002, around nine o'clock in the evening, a police informer called up the [DEU] Unit, Caloocan City Police Station, and "[spoke] to PO2 Rolando de Ocampo [who was told] " that an alias Philip was rampantly selling shabu along Pangako St., Bagong Barrio, Caloocan City. The informer also identified the drug pusher as Philip Dilao y Castro, herein appellant.For its part, the defense presented the following: appellant himself and Jose Bandico.
PO2 de Ocampo relayed the said information to their Chief, Captain Jose Valencia, who told him to verify the information. PO2 de Ocampo again spoke to the informer on the phone and asked how they could entrap appellant. xxx.
PO3 Rodrigo Antonio informed Capt. Valencia about the conversation between the informer and PO2 de Ocampo. Acting thereon, Capt. Valencia instructed PO3 Antonio to form and head a team to conduct a surveillance and "buy-bust" operation. Aside from PO3 Antonio, the team was composed of PO2 Ferdinand Modina and PO1 Joel Rosales as back-up, and PO2 de Ocampo as poseur-buyer. Capt. Valencia provided the P100 bill to be used as "buy-bust" money with serial number ZX 985203. PO2 de Ocampo marked the money with his initials, RDO, and the date, 07/19/02. The team had their operation blottered. Then, they proceeded to the target area ...and arrived thereat around 10:15-10:20 p.m.
PO3 Antonio's team was met by the informer at a burger machine near the target area. PO2 de Ocampo was then accompanied by said informer to appellant. Meanwhile, the rest of the members of the team positioned themselves in strategic places nearby.
The informer pointed to appellant who was standing outside a billiard court along Pangako St., Bagong Barrio, Caloocan City. Then, they approached appellant and PO2 de Ocampo was introduced to him as a buyer of shabu. PO2 de Ocampo then addressed appellant, "Pare, pa-iskor ng piso," and handed him the marked money. Appellant seized him up ... and then got a plastic sachet containing a white crystalline substance ....
After the exchange, PO2 de Ocampo examined first the contents of the plastic sachet and then gave the pre-arranged signal ... to show that the "buy-bust" operation was completed. Thereafter, he introduced himself to appellant as a police officer and told him: "Pare, pong ka na," meaning he was already caught, while the rest of the team closed in on them.
PO2 de Ocampo recovered the marked money and P200 more in different denominations from appellant while PO2 Modina recovered another plastic sachet containing a white crystalline substance. PO2 de Ocampo asked appellant where he got the P200 but he was not given a reply. He then informed appellant of his constitutional rights ....
Appellant was turned over to ... PO3 Fernando Moran, together with the seized articles. In the presence of PO2 de Ocampo and PO2 Modina, PO3 Moran placed the initials "PCD" on the specimens.
On even date, Capt. Valencia requested for laboratory examination of the seized articles. Subsequently, PO2 de Ocampo and PO2 Modina executed a "Pinagsamang Sinumpaang Salaysay" about the incident.
P/Insp. Erickson Lualhati Calbocal, forensic chemist of the Philippine National Police, Crime Laboratory, Camp Crame, conducted a laboratory examination on said specimens and found the same positive for methylamphetamine hydrochloride. His findings are contained in Chemistry Report No. D-323-02. (Words in brackets added.)
xxx. At about 8:00 to 9:00 o'clock p.m. of July 19, 2002, he [appellant] was playing billiard opposite alias "Joker" at the billiard hall xxx located along Pangako St., Bagong Barrio, Caloocan City. He and his companions were surprised when ... police officers led by PO3 Antonio suddenly appeared ... [and] instructed all persons there numbering [8] including his friend companion Socrates Manalad alias "Sote". They told them, "WALANG TATAKBO MAY TAWAG SA AMIN MAY NAGBEBENTA NG SHABU DITO", and ... individually frisked them. Nothing illegal were recovered from all of them. Thereafter, six (6) of them were allowed to leave, leaving behind himself and Manalad who were handcuffed and made to board one of the two (2) owner-type vehicles, parked near the North Diversion Road. While the jeep was running, he and Manalad asked the operatives: "WALA KAMING KASALANAN, ANO BANG KASALANAN NAMIN?" to which PO3 Antonio retorted: "KUNG GUSTO NINYONG MAKAWALA KAYO MAGPALIT ULO KAYO". He initially protested but upon being told by PO3 Antonio: "OKAY KAHIT WALA KAYONG KASALANAN MATUTULUYAN KAYO, NGAYON KUNG AYAW NINYONG MATULUYAN PALIT ULO NA LANG KAYO". He was made to understand, that was an order for them to point to the police other persons in exchange for their release ..... He pretended to have agreed to this proposal xxx. The police officers stopped the owner-type vehicle at the corner of Evangelista St. and EDSA, Caloocan City, near the Toyota Motors and let him alight. His handcuff was removed. PO3 Antonio and PO2 Modina then asked him the name of the drug pusher he was supposed to point. In response, he mentioned a fictitious name, one alias "JETT" ..... Then, the police officers remarked: "O SIGE PAGKATAPOS... PAG NATAPOS ANG TRABAHO NA TO PUWEDE NA KAYONG UMUWI". They made him board again the vehicle and they proceeded to Katarungan Street.JOSE BANDICO alias "Joker" substantially corroborated the testimony of appellant on the ownership of the billiard hall, the fact of the latter's arrest on July 19, 2002 and that nothing illegal was taken from appellant when frisked by the police in the hall. Alias "Joker" also testified about the accused playing rotation billiard with him since 2:00 p.m. and how the police officers, after the arrest, even got the P260.00 bet.
Upon arrival thereat, his handcuff was removed. As he planned, he immediately fled but the police officers pursued and cornered him .... His captors got provoked and took turns in slapping and mauling him. He was brought first to the Ospital ng Kalookan where he was supposedly physically examined [then] taken to the DEU, Caloocan City Police Station. xxx. At the DEU, the police informed him that he could have been freed if not for the fact that he fooled them (DAHIL PINAGOD MO KAMI") hence, he was charged for Violation of Sections 5 and 11 of the Dangerous Drugs Law. At around 11:00 o'clock in the evening of the same date, while he was inside the DEU detention cell, he was investigated by the police investigator. The next day, July 20, 2002, Manalad, was released. At about 3:00 o'clock [p.m.] of that day, he was brought before the Inquest Prosecutor who conferred only with PO2 Modina and PO2 De Ocampo without even bothering to examine him about the incident.
He denied the charges leveled against him .... He explained that he first saw PO2 Modina when he was allowed to alight the jeep at Toyota Motors, EDSA and that he saw PO2 De Ocampo only during the inquest. He admitted that he had no previous quarrel or misunderstanding with the arresting police officers ... who he came to know only when he was arrested.
He was unable to file any complaint against the concerned police officers for the physical injuries inflicted on him and for filing fabricated charges against him as he has been detained since January [July] 19, 2002. (Word in bracket supplied).
THEREFORE, premises considered and the prosecution having established to a moral certainty the guilt of Accused PHILIP DILAO y CASTRO of the crimes charged, this Court hereby renders judgment as follows:Therefrom, appellant came directly to this Court considering the penalty imposed.
- In Crim. Case No. 65963 for Violations of Sec. 5, Art. II of RA 9165 this Court, in the absence of any aggravating circumstance, hereby sentences the aforenamed Accused to LIFE IMPRISONMENT; and to pay the fine of five hundred thousand pesos (P500,000.00) without any subsidiary imprisonment in case of insolvency;
- In Crim. Case No. 65964 for Violation of Sec. 11, Art. II of the same Act, this Court, in the absence of any modifying circumstance, sentences the common Accused to a prison term of twelve (12) years and one (1) day to fourteen (14) years and eight (8) months and to pay the fine of three hundred thousand pesos (P300,000.00), without any subsidiary imprisonment in case of insolvency.
xxx xxx xxx
SO ORDERED.
WHEREFORE, the appealed Decision dated February 27, 2003 of the trial court is affirmed in toto.Aggrieved, appellant sought reconsideration, which the CA denied in its Resolution of September 16, 2005.[12]
SO ORDERED.
Appellant assails the credibility of the prosecution witnesses on the alleged buy-bust operation, particularly that of PO2 Rolando De Ocampo, contending that there were discrepancies in the testimony of PO2 De Ocampo, the poseur-buyer, and the affidavits submitted to the trial court. He maintains being a victim of a frame-up operation of police operatives who, in fact, recovered nothing illegal from him. He urges the Court to take judicial notice of the reality that some law enforcers in drug-related cases, in their quest to secure information from suspected drug dealers, resort to numerous anomalous practices, such as planting evidence, physical torture and extortion.
- The Court a quo gravely erred in giving weight and credence to the incredible and inconsistent testimony of the prosecution witnesses, and
- The Court a quo gravely erred in convicting the accused-appellant of the crime charged despite the fact that his guilt was not proven beyond reasonable doubt.
Moreover, the failure of PO2 De Ocampo to recall immediately the markings on the buy-bust money only shows that he is an uncoached witness. Such momentary lapse in memory does not detract from the credibility of his testimony as to the essential details of the incident. As the trial court aptly found, PO2 De Ocampo was candid, forthright and categorical in his testimony:
Q. I am showing to you a photo copy of a one hundred peso bill with serial number ZX-985203, will you please go over it and tell the Court its relation to the one which you used as buy bust money against the accused? A. this is it sir. Q. Why did you say so? A. This is what we entered in the blotter book sir. Q. Will you please go over this photo copy and tell us if this is your initial appearing immediately after the serial number ZX-985203 in the lower part corner of this money? A. Yes sir. There is. Q. Can you explain to us what does that initial RDO mean? A. Refers to my initial Rolando de Ocampo sir. Q. How did that initial indicated there? A. Because every time we conducted buy bust operation we always put initial sir. Q. If you recall where did you place that initial RDO in the original copy of that buy bust money? A. In our office sir. Q. When? A. At 9:45 p.m. July 19, 2002 sir. Q. Also there's (sic) appear on the right side of this buy bust money a figures 07/19/02 what does that mean? A. We put that when we conducted the buy bust operation sir. Q. Who was the one who placed that? A. Me sir. Q. When? A. On that very day sir. Q. Before or after the operation?
A. Before the operation sir. [15]
xxx . In the first place, this Court has had the untrammeled opportunity to observe the conduct and demeanor of poseur-buyer PO2 DE OCAMPO while testifying on the witness stand and definitely he was noted to testify in a candid, forthright and categorical manner which are the earmarks of a truthful and credible witness.The Court accords the highest degree of respect to the findings of the lower court as to appellant's guilt of the offenses charged against him, particularly where such findings are adequately supported by documentary as well as testimonial evidence. The same respect holds too, as regards the lower courts' evaluation on the credibility of the prosecution witnesses. It is a settled policy of this Court, founded on reason and experience, to sustain the findings of fact of the trial court in criminal cases, on the rational assumption that it is in a better position to assess the evidence before it, having had the opportunity to make an honest determination of the witnesses' deportment during the trial.[16]
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. – The Penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (Since the appellant was found guilty of selling "shabu" weighing 0.06 gram, absent any aggravating or mitigating circumstance, the trial court correctly sentenced him to life imprisonment and a fine ofP500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell any dangerous drugs, xxx.xxx xxx xxx
Section 11. Possession of Dangerous Drugs –
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of x x x, methamphetamine hydrochloride or "shabu" x x x. (Emphasis supplied).