G.R. No. 198452 - People vs. Rom

under Article III of Republic Act No. 6425 (Dangerous Drugs Act of 1972), as amended.

Three separate informations were filed on 1 September 2000 for the said offenses.
On arraignment, Rom pleaded not guilty to all charges.
After a pre-trial conference without stipulation, trial on the merits commenced.

Confidential information led the Vice Control Section-Cebu City Police Office (VCS-CCPO) to investigate Rom’s alleged illegal drug activities at his residence in Barangay T. Padilla, Cebu City.
On 31 August 2000, at about 10:30 P.M., a buy-bust operation was conducted:

PO2 Marvin Martinez acted as the poseur-buyer, equipped with marked buy-bust money (P100.00 and P10.00 bills).
Martinez approached Rom’s house, and Rom opened the door.
Rom sold one heat-sealed plastic packet of shabu (0.03 gram) to Martinez for P100.00.
Martinez paid the marked money and expressed intent to use the drug inside, paying an additional P10.00 rental fee for the use of Rom’s house.
Martinez was allowed inside and saw three men sniffing shabu in another room.
A signal was made, and the police team arrested Rom after identifying themselves.

A body search of Rom recovered four additional heat-sealed packets of shabu (0.15 gram) from his wallet along with marked money and other cash.
Items were marked and submitted to PNP Crime Laboratory, which positively identified the substances as methylamphetamine hydrochloride (shabu).

Rom denied selling shabu or maintaining a drug den, asserting he was no longer living in the house since July 1999; it was occupied by Teresita Bitos ("Nene").
Rom claimed familiarity with Martinez, who allegedly tried to get him to identify a big-time pusher and became angry after Rom’s denial.
Teresita Bitos corroborated Rom’s claim that police unlawfully entered and arrested him in the house while he was talking with her.
Rom also denied knowing the three men arrested in the house during the operation.

The trial court found Rom guilty beyond reasonable doubt of all charges and sentenced him:

Illegal sale and possession cases: prision correccional in its medium period (2 years, 4 months and 1 day to 4 years and 2 months).
Maintenance of a drug den: reclusion perpetua and a fine of P500,000.00.
Items seized were confiscated and ordered destroyed.

The Court of Appeals affirmed the conviction but modified penalties for the sale and possession charges based on the Indeterminate Sentence Law and quantity of drugs involved: six months of arresto mayor (minimum) to 4 years and 2 months of prision correccional (maximum).
Rom filed an appeal to the Supreme Court contesting the credibility of prosecution witnesses, alleged illegality of search and seizure, and failure to prove guilt beyond reasonable doubt.

Whether or not the prosecution proved beyond reasonable doubt the guilt of Vicente Rom for:

Illegal sale of shabu under Section 15, Article III, Republic Act No. 6425.
Illegal possession of shabu under Section 16, Article III, Republic Act No. 6425.
Maintenance of a drug den under Section 15-A, Article III, Republic Act No. 6425.

Whether the search and seizure conducted were lawful and the evidence obtained admissible.
Whether the trial court erred in accepting the testimony of the poseur-buyer as credible.