People v. Adam
REITERATIONFacts
The Antecedents: On February 17, 1999, a confidential informant reported to Inspector Danilo Bugay an agreement with Mangi Adam y Lumambas for the purchase of 200 grams of shabu for P200,000.00. A buy-bust operation was organized, with PO3 Rey Lucido designated as the poseur-buyer. PO3 Lucido was given P2,000.00 consisting of two genuine P1,000.00 bills and boodle money. The operation took place at the Seven-Eleven Store at Crossing, Calamba, Laguna. Adam arrived, showed PO3 Lucido a plastic tea bag containing white crystalline substances, and PO3 Lucido handed over the envelope. PO3 Lucido then gave the pre-arranged signal, identified himself as a police officer, and arrested Adam. The substance was later confirmed to be methamphetamine hydrochloride weighing 201.196 grams. Procedural History: The appellant was charged with violation of Section 15, Article 3 of Republic Act No. 6425, as amended. The Regional Trial Court of Laguna (Calamba), Branch 34, convicted the appellant and sentenced him to reclusion perpetua and a fine of P5,000,000.00. The 201.190 grams of shabu were ordered confiscated. The Petition: The appellant assailed the decision, arguing that the trial court erred in finding him guilty beyond reasonable doubt because the full amount of the consideration was not stated in court by the poseur-buyer, and the boodle money was not formally offered in evidence. He also contended that the P2,000.00 consideration was inadequate and that the alleged sale location near a police outpost was incredible.
Issue(s)
Whether the prosecution proved beyond reasonable doubt the sale of 200 grams of shabu for P2,000.00. Whether the appellant is guilty of attempted sale of shabu.
Ruling
The appeal is dismissed. The appellant is found guilty beyond reasonable doubt of the crime of attempted sale of methamphetamine hydrochloride under Section 21, paragraph (b) of Republic Act No. 6425, as amended, and is sentenced to suffer the penalty of reclusion perpetua and to pay a fine in the amount of FIVE MILLION PESOS (₱5,000,000.00). The decision of the trial court is AFFIRMED in all other aspects.
Ratio Decidendi
On the issue of whether the prosecution proved beyond reasonable doubt the sale of 200 grams of shabu for P2,000.00: The Supreme Court held that the prosecution failed to prove beyond cavil of doubt that a sale of 200 grams of shabu took place between the appellant and PO3 Lucido for P2,000.00. The elements necessary for the prosecution of illegal sale of drugs include the identity of the buyer and seller, the object, and consideration, as well as the delivery of the thing sold and payment therefor. In this case, there was no evidence that PO3 Lucido discussed and agreed with the appellant on the purchase price of the shabu. Furthermore, the evidence showed that the appellant merely showed the bag containing the shabu and held onto it, and it was confiscated by PO3 Lucido. The shabu was never handed to PO3 Lucido, and there was no shred of evidence to prove that the appellant was aware that the envelope contained money. The Court distinguished this case from People vs. Herrera, where the sale, delivery, and payment were proven. On the issue of whether the appellant is guilty of attempted sale of shabu: The Supreme Court found the appellant guilty beyond reasonable doubt of the crime of attempted sale of shabu as defined in Section 21(b) of Article IV of Republic Act No. 6425. An attempt to sell a prohibited drug is necessarily included in the crime of sale thereof, thus the appellant could be convicted of attempted sale under an Information for sale. The appellant intended to sell shabu and commenced overt acts by showing the substance to PO3 Lucido. The sale was aborted when PO3 Lucido identified himself as a police officer and arrested the appellant. The Court reiterated that it is not impossible for drug pushers to sell their commodities in any place, including the vicinity of a police outpost, and that the appellant's denial and alibi were weak defenses that could not prevail over the prosecution's evidence.
Main Doctrine
The prosecution failed to prove beyond cavil of doubt that a sale of 200 grams of shabu took place between the appellant as the seller and PO3 Lucido as the poseur-buyer for P2,000.00. However, the appellant is guilty beyond reasonable doubt of the crime of attempted sale of shabu as defined in Section 21(b) of Article IV of Republic Act No. 6425.