People v. Bantac
REITERATIONFacts
The Antecedents: CIC Bernabe Crisostomo of the R-2 Division was assigned to pose as a marijuana buyer and contact Benjamin Bugarin (Benny) at the Philippine Rabbit Bus Line Terminal in Baguio City. Crisostomo, who knew Bugarin, arranged to buy marijuana at P950.00 per kilo and was told to check into the Pines Hotel for delivery. The following day, Bugarin met Crisostomo and Patayan, and they proceeded to Poliwes to get the marijuana. They went to a house where Bugarin introduced Crisostomo to Rufino Bantac (Ruffy). Bantac brought out a plastic bag containing four bundles of suspected marijuana, which Crisostomo examined and confirmed. Crisostomo then gave a pre-arranged signal, leading to the arrest of Bantac and Bugarin and the confiscation of the marijuana. The confiscated items were examined and found to be positive for marijuana, with an aggregate weight of 2.4 kilos. Procedural History: Both accused denied the charge. Bugarin claimed he merely accompanied Crisostomo innocently. Bantac claimed he was visiting relatives and was asked to watch a house, and was arrested when the officers arrived, with the marijuana being confiscated from under a bed. The trial court found the prosecution's version more credible and rendered a decision finding both accused guilty beyond reasonable doubt of attempted sale of marijuana, sentencing each to life imprisonment and a fine of P20,000.00. The Petition: Accused Rufino Bantac y Lagunes appealed the trial court's decision, assigning errors in giving weight to the prosecution witnesses' testimonies and disregarding the defense's theory, and in finding him guilty beyond reasonable doubt despite alleged insufficiency of evidence.
Issue(s)
Whether the trial court erred in giving weight and credence to the testimonies of the prosecution witnesses and disregarding the defense's theory; and whether the offense was consummated. Whether the trial court erred in finding the accused-appellant guilty beyond reasonable doubt of the crime charged despite alleged insufficiency of evidence.
Ruling
The appeal is dismissed. The decision of the trial court finding both accused Rufino Bantac y Lagunes and Benjamin C. Bugarin guilty beyond reasonable doubt of attempted sale of marijuana is affirmed.
Ratio Decidendi
On the credibility of witnesses, sufficiency of evidence, and consummation of the offense: The Supreme Court found no reason to doubt the veracity of the prosecution's version. The government witnesses, being peace officers performing their official duties, had no apparent motive to fabricate evidence against the accused. The Court found the defense's yarn that the apprehending officers arrested them whimsically to be nonsensical, noting that the officers went to considerable lengths to entrap and apprehend the accused, indicating a genuine operation rather than a trumped-up charge. The Court reasoned that evidence could have been planted and arrests effected more easily if the intention was merely to fabricate a case. The fact that the officers went to Poliwes, a considerable distance from the initial contact point, to effect the arrest after the physical evidence surfaced, was seen as an indication of a legitimate operation. The Court reiterated the principle that findings of the trial court on the credibility of witnesses are given great weight and respect, as the trial court is in a better position to observe their deportment and manner of testifying. The Court clarified that even if the transaction was not fully consummated in the sense that payment was not made, the law on the matter is clear that an attempt and conspiracy to commit a violation of Republic Act No. 6425 is to be punished as a consummated offense. Specifically, Section 21(b) in relation to Section 4 of R.A. 6425, as amended, penalizes such attempts. On the finding of guilt beyond reasonable doubt: The Court found that the accused acted in concert in selling the prohibited stuff to CIC Crisostomo, who posed as a buyer. The act of Bantac personally handing the marijuana to Crisostomo for sale at P950.00 per kilo, after Bugarin acted as a guide and introduced them, constituted the attempt to sell, which is punishable under the law. The Court dismissed the defense's theory that Bantac was a mere boarder, as it did not alter the fact that he knowingly handed the marijuana for sale.
Main Doctrine
An attempt to sell prohibited drugs, even if not fully consummated by payment, is punishable as a consummated offense under Section 21(b) in relation to Section 4 of Republic Act No. 6425, as amended. The credibility of prosecution witnesses, who are peace officers performing their official duties without apparent motive to fabricate evidence, is generally given great weight and respect by appellate courts.