G.R. No. 90019 - People vs. Ferdez y Bisco

The accused, Wilfredo Fernandez y Bisco, was charged with violating Section 4 of R.A. No. 6425, as amended (Dangerous Drugs Act of 1972).
He was alleged to have sold and delivered five (5) sticks of hand-rolled marijuana cigarettes for P20.00 to a poseur-buyer on 10 February 1987, despite knowing that marijuana is a prohibited drug.

For about one week prior to the incident, the Narcotics Control and Investigation Service of the Western Police District (NCIS-WPD) received reports from concerned citizens and apprehended drug users regarding drug-pushing activities by a certain “Willy” around 1941 Maria Orosa St., Malate, Manila.
Based on these reports, the NCIS-WPD initiated a surveillance operation, which led to the identification of the accused as the suspected drug-pusher residing at the said address.

On 10 February 1987, around 5:00 p.m., the NCIS-WPD organized a buy-bust operation led by Lt. Gaudencio B. Quibuyen.
The operative team included Pat. Melchor Borlongan, Pfc. Edgar Lopez, Pat. Jose Collantes, Jr., and Pat. Alfredo Sobrevilla, with Pat. Sobrevilla acting as the designated poseur-buyer using a marked P20-bill.
A confidential informant was to accompany the poseur-buyer during the transaction.

The team proceeded to the targeted address where the accused was found standing in front of the house.
As the poseur-buyer and the confidential informant engaged with the accused, other team members positioned themselves strategically to observe the transaction.
The negotiation ensued, during which the accused accepted the marked money, left momentarily, and then returned a few minutes later to deliver the five (5) sticks of marijuana cigarettes.
Immediately after receiving the drugs, the poseur-buyer apprehended the accused with the assistance of other officers, who recovered the marked money from his pocket.

The marijuana cigarettes were submitted to the NBI Laboratory where Senior Forensic Chemist Felisa V. Borcelis conducted a preliminary examination that yielded positive results for marijuana.
A Final Report, dated 11 February 1987 and approved by relevant forensic authorities, corroborated the findings.

The accused contended that upon returning from his carpentry work, he had been resting inside his house when police officers suddenly frisked him and took him to the police station.
He claimed that no drugs were found on him during the search and that he was subsequently investigated for selling marijuana—a claim he repeatedly denied.
Additionally, the accused alleged that the police demanded P3,000.00 from him for his release, an assertion contradicted by the evidence.
His “Sinumpaang Salaysay” (Sworn Statement) submitted on 12 March 1987 contained a different account, which he later repudiated before the trial court, further undermining his credibility.

The pivotal testimony came from police operatives who observed the exchange during the buy-bust operation.
Witnesses, including Lt. Quibuyen, Pat. Borlongan, and Pat. Jose Collantes, described the sequence of events, emphasizing that the transaction involved the exchange of a marked P20-bill for marijuana cigarettes.
Minor inconsistencies in their testimonies regarding the precise details of the transaction were noted but deemed trivial in the light of the overall evidence.

Whether the absence of direct testimonies from the poseur-buyer and the confidential informant creates reasonable doubt regarding the occurrence of the drug sale.
Whether the slight inconsistencies in the testimonies of police operatives (such as the precise sequence in the exchange of money and drugs) undermine the credibility of the prosecution evidence.
Whether the accused’s version of events, including his claim of being at home and the allegation of extortion by police, holds any sufficient merit in view of the contradictory evidence.
Whether the trial court erred in convicting the accused beyond reasonable doubt by relying predominantly on the police testimonies and supporting forensic evidence.