PEOPLE OF THE PHILIPPINES, vs. ALICIA DE LA CRUZ CONSTANTINO.
- G.R. Number: G.R. No. 109119
- Promulgated: 1994-08-16
- Ponente: Davide, Jr., J.
Doctrine
When the principal issue is witness credibility, appellate courts will generally not disturb trial court findings because the trial court observed the witnesses' deportment, unless it plainly overlooked material facts that would affect the result.
A properly conducted buy-bust where the accused is identified by an informer and apprehended redhanded, supported by marked-money evidence, can sustain a conviction for illegal sale of dangerous drugs.
Convictions for certain drug offenses may be subject to the Indeterminate Sentence Law, permitting modification of penalties to an indeterminate range as appropriate.
Facts
Accused Alicia de la Cruz Constantino was found guilty by the RTC of Kalookan City of selling methamphetamine hydrochloride (shabu) and sentenced to life imprisonment and P20,000 fine (trial court decision promulgated 9 February 1993).
On 3 June 1992 at about 11:30 a.m., she was apprehended near her house during a buy-bust operation by Northern Police District operatives from Dagat-dagatan Police Station.
An informer identified and described the accused; the buy-bust used marked money (a P100 bill initialed by the poseur-buyer Panlaque) who met the informer and negotiated the sale in front of her house.
The information was filed the next day by Assistant City Prosecutor Mary June P. Inciong in accordance with Section 7, Rule 112 of the Rules of Court.
Issues
Whether the buy-bust operation and attendant testimony sufficiently proved that the accused sold shabu to the poseur-buyer.
Whether inconsistencies in the poseur-buyer Panlaque's testimony and lack of prior surveillance fatally undermine the prosecution's case.
Whether the Indeterminate Sentence Law applies to the convicted offense and what penalty should be imposed.
Ruling
The Supreme Court affirmed the RTC's conviction, finding an actual buy-bust where the accused was caught redhanded selling shabu and the informer and marked-money evidence sufficiently identified her.
The Court rejected the accused's attempts to discredit the poseur-buyer, holding that appellate courts will not lightly disturb trial court findings on witness credibility absent plain oversight of material facts.
Applying the Indeterminate Sentence Law, the Court modified the penalty to an indeterminate term ranging from six months arresto mayor (minimum) to six years prision correccional (maximum).
Costs were imposed against the accused-appellant and the modified judgment was ordered entered.
Keywords
G.R. No. 109119, PEOPLE OF THE PHILIPPINES v. ALICIA DE LA CRUZ CONSTANTINO, Section 15, Article III of R.A. No. 6425 (Dangerous Drugs Act of 1972), selling methamphetamine hydrochloride, shabu, buy-bust operation, Criminal Case No. 40241, LIFE IMPRISONMENT, fine of TWENTY THOUSAND (P20,000.00) PESOS, Rule 112 of the Rules of Court, information, regulated drug, motion for reinvestigation, arraignment, prosecution evidence, marked money, joint affidavit, Certificate of Laboratory Result, Chemistry Report No. D-243-92, poseur buyer