Case Digest (G.R. No. 151205)
Facts:
People of the Philippines v. Marlow De Guzman y Dela Cruz and Jesus Villanueva y Calma, G.R. No. 151205, June 09, 2004, the Supreme Court En Banc, Per Curiam. The Court conducted an automatic review of the Regional Trial Court of Malabon, Branch 72, decision in Criminal Case No. 24671‑MN that convicted Marlow De Guzman (a PNP officer) and Jesus Villanueva of violating Section 15, Article III of Republic Act No. 6425, as amended by R.A. 7659 (illegal sale of dangerous drugs).The Information alleged that on March 23, 2001 the accused, conspiring and without authority, sold two plastic bags containing white crystalline substances (marked RSF‑1 and RSF‑2, total net weight 2,104.13 grams) to a poseur‑buyer in consideration of marked boodle money. The prosecution’s case rested on the testimony of NBI Agent Charlemagne Veloso (the poseur‑buyer) describing the buy‑bust: a tip arranged a P1,000,000.00 purchase of two kilos of shabu at Wendy’s, Caloocan; Veloso, as poseur‑buyer, met De Guzman (identified later by his PNP ID) who instructed them to follow his vehicle to Tugatog, Malabon; there Villanueva allegedly handed Veloso two plastic bags, which Veloso examined, confirmed to be shabu, identified himself as NBI, and gave the prearranged signal; back‑up agents then arrested the two. NBI Special Investigator Rolan Fernandez took custody of the bags, marked them, and delivered them to NBI Forensic Chemist Ferdinand Cruz, who chemically confirmed methamphetamine hydrochloride and ephedrine hydrochloride.
The defense presented a different account. Eyewitness Victor Ermita testified seeing De Guzman intervening in a pursuit, being accosted by persons who later identified as NBI, struggling and being manhandled before being loaded into a van. De Guzman testified he was a police officer who approached a fleeing person, introduced himself as police, was repelled and arrested by persons identifying themselves as NBI; he denied knowledge of the alleged shabu until at the NBI office and claimed he observed NBI personnel dividing money and that Villanueva was beaten. NBI Agent Job Gayas, called by the defense as hostile, said he did not personally witness the exchange because he and some operatives remained about 100 meters away; he also noted that Villanueva had no medical certificate and that NBI records did not show coordination with Malabon police.
The trial court believed the prosecution, found the sale established, and convicted both accused: De Guzman was sentenced to death (aggravated by his being a police officer and use of a motor vehicle per Section 24 of the law), and Villanueva to reclusion perpetua; each was fined P10,000...(Subscriber-Only)
Issues:
- Was the conviction supported by proof beyond reasonable doubt such that the Court should affirm the trial court’s judgment?
- Is the uncorroborated testimony of the poseur‑buyer sufficient to sustain conviction in a buy‑bust operation, or did the prosecution fail the objective test for buy‑bust credibility?
- Were the sentencing findings (including imposition of death on De Guzman by reason of his being a police officer and the use of a motor vehicle) prop...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)