Title
People vs. Fabian y Nicolas
Case
G.R. No. 181040
Decision Date
Mar 15, 2010
Appellants convicted for shabu delivery and possession; defenses of denial and frame-up rejected; penalties upheld by Supreme Court.
delivery of dangerous drugs
possession of dangerous drugs
drug trafficking

Case Summary (G.R. No. 181040)

Factual Background

The prosecution traced the apprehension to a tip concerning rampant illegal drug activity in Camia Street, Dona Petra, Concepcion Uno, Marikina City. On August 16, 2004, PO1 Roberto Muega, a member of the Marikina City Police Station Anti-Illegal Drugs Special Operations Task Force (SAIDSOTF), received a call from a concerned citizen. Based on the report, the police assembled a team, including P/Supt. Romeo Abaring, PO1 Muega, PO2 Edwin Dano, PO2 Ferdinand Brubio, and PO2 Christopher Anos. PO2 Christopher Anos served as the poseur-buyer. The team coordinated with the Philippine Drug Enforcement Agency (PDEA) after receiving PDEA Reference Number 1608-04-05 by fax, and then proceeded to the target area.

At about 7:40 in the evening, the officers positioned themselves around Camia Street and began observing. PO1 Muega placed himself near the driver’s door of an FX taxi parked along the street. He then noticed Macalong enter a small alley. After several minutes, Macalong came out, accompanied by Fabian. The two stood near the FX taxi and whispered to each other. PO1 Muega testified that he saw Fabian hand over a small plastic sachet containing a white crystalline substance to Macalong, which he suspected to be shabu. When the officers moved in, PO1 Muega introduced himself as a police officer and arrested both appellants. The team recovered the plastic sachet from Macalong’s hand. The officers informed the appellants of the cause of arrest and their constitutional rights. PO1 Muega then marked the sachet with “ABM-RM POSS 8/16/04.” He maintained custody of the sachet from the time of arrest until they reached the SAIDSOTF office, after which he prepared the request for laboratory examination and brought the marked specimen to the PNP Crime Laboratory in Camp Crame.

The forensic examination was conducted by PO1 Jennifer G. Tantoy, a forensic chemical officer of the PNP Crime Laboratory. Her examination produced a positive result for methamphetamine hydrochloride, commonly referred to as shabu, supported by Chemistry Report No. D-367-04.

Appellants’ Denials and Their Version of Events

Both appellants denied the charges and asserted that they were framed. Fabian testified that on August 16, 2004, at around 4:00 in the afternoon, he was cleaning their FX taxi parked along Camia Street. He claimed that an owner-type jeep and a red car stopped nearby, and that two men in civilian clothes approached him while others remained in the vehicles. He said that PO2 Ferdinand Brubio asked if he knew a person named “Bobong.” Fabian answered that he did not know the person. Fabian stated that he was frisked and forced to board the FX taxi being cleaned, and that the officers took the key of the taxi from him. At the precinct, he claimed that PO2 Brubio informed him that he was arrested for illegal possession of shabu, and that it was only then that he met Macalong. Fabian further denied that PO1 Muega frisked him, explaining that Muega was allegedly left inside the vehicle during the arrest. He also denied that Muega saw him hand over a plastic sachet to Macalong.

Macalong testified that on the same date, at around 6:00 in the evening, he was riding a tricycle along Dama de Noche Street in Twinville Subdivision en route to San Mateo, Rizal. He narrated that an owner-type jeep slowed beside them, causing the tricycle to stop. He testified that PO2 Brubio, allegedly wearing short pants and a shirt, alighted from the jeep and ordered him to get out and raise his hands. Macalong said that when Brubio searched his front and back pockets, Brubio recovered a pack of cigarettes and his wallet. He added that Brubio asked the tricycle driver and passengers to leave. Macalong stated that he could not leave because his driver’s license was inside his wallet. At the precinct, he claimed that a small plastic containing white crystalline substance was shown to him and that it was only then that he learned he was being charged under the Comprehensive Dangerous Drugs Act. He denied knowing Fabian, stating that he met Fabian only at the police station around 7:00 in the evening of the same date.

Trial Court Proceedings and Conviction

After trial, the RTC found both appellants guilty beyond reasonable doubt. In Criminal Case No. 2004-2961-D-MK, the RTC convicted Raymond Fabian y Nicolas @ Jaja of violation of Section 5, Article II of Republic Act No. 9165 for the delivery of 0.06 gram of shabu. Applying Article 63 of the Revised Penal Code and finding no mitigating or aggravating circumstances, the RTC imposed the penalty of life imprisonment and a fine of P500,000.00. In Criminal Case No. 2004-2962-D-MK, the RTC convicted Allan Macalong y Buccat of violation of Section 11, paragraph 2(3), Article II of Republic Act No. 9165 for possession of 0.06 gram of shabu. It imposed the indeterminate penalty of twelve (12) years and one (1) day as minimum to thirteen (13) years as maximum, and a fine of P300,000.00. The RTC ordered confiscation of the shabu in favor of the Government for turnover to the Dangerous Drugs Board for disposal without delay.

Appellate Court Review and Holdings

On appeal, the appellants challenged the conviction by attacking the credibility of the arresting officers and asserting frame-up. They also insisted that the trial court’s evaluation of the evidence was unduly selective and that certain facts should have raised reasonable doubt. The Court of Appeals rejected those arguments and held that the inconsistencies pointed out by appellants were minor and referred only to collateral matters that did not undermine the commission of the crime or detract from the positive identification of appellants as the culprits. The Court of Appeals further found that the elements of the offenses under Republic Act No. 9165 were established beyond reasonable doubt.

The Court of Appeals also ruled against the contention that all members of the arresting team had to testify. It held that the proposed testimony of other members was not essential, provided that the principal witnesses for the State had already adequately testified on the material and essential matters regarding the charged delivery and possession.

The Sole Issue on Appeal

The Supreme Court framed the sole issue as whether the appellants were guilty beyond reasonable doubt of: (1) violation of Section 5, Article II of Republic Act No. 9165 for the delivery of 0.06 gram of shabu; and (2) violation of Section 11, Article II of Republic Act No. 9165 for the possession of 0.06 gram of shabu, respectively.

Legal Basis and Reasoning

The Supreme Court sustained the convictions. It reiterated the statutory provisions of Sections 5 and 11, Article II of Republic Act No. 9165, emphasizing that liability attaches to unauthorized delivery and unauthorized possession of dangerous drugs, and that the penalty under Section 11, paragraph 2(3) turns on the quantity involved, including methamphetamine hydrochloride (“shabu”) falling under the specified quantity bracket.

The Court held that the prosecution established beyond reasonable doubt that Fabian illegally delivered a plastic sachet containing shabu to Macalong, and that Macalong knowingly possessed the same. The Court relied on the direct and unequivocal testimony of PO1 Muega, who narrated the key sequence: Fabian and Macalong stood together near the FX taxi; Fabian handed over the small plastic sachet to Macalong; and the officers promptly arrested both and recovered the sachet from Macalong’s hand. The Court noted that PO1 Muega identified the seized item as the same plastic sachet involved in the delivery, and the testimony reflected an account of the critical moment of delivery and immediate apprehension.

The Court found that PO2 Christopher Anos corroborated the prosecution’s material points. Anos testified that, from a distance of about twenty-five meters, he saw PO1 Muega signal and observed the two male persons near him, and that when PO1 Muega ordered them to open their hands, they saw a plastic sachet on their hands. Anos also identified both appellants in open court.

The Supreme Court applied settled rules in dangerous drugs cases. It affirmed that credence is given to prosecution witnesses who are police officers, presumed to have performed their duties regularly unless evidence proves otherwise. It also reiterated that factual findings of the trial court, when affirmed by the Court of Appeals, become conclusive and binding on the Supreme Court.

On the issue of alleged inconsistencies, the Court ruled that the inconsistencies cited by appellants were trivial or minor and related to peripheral matters that did not impair the integrity of the prosecution evidence as a whole or reflect on witness honesty. The Court emphasized that the alleged discrepancies did not affect the actual operation or the crucial moment when Fabian delivered shabu to Macalong, who then knowingly possessed it. It also accorded weight to the trial court’s superior opportunity to assess the witnesses’ deportment.

The Court further rejected the defenses of denial and frame-up. It held that appellants failed to substantiate the defenses with evidence showing motive for the police to

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