PEOPLE v. ALACDIS

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee VS. WILTON ALACDIS y ANATIL a.k.a “WELTON”, DOMINGO LINGBANAN (AT-LARGE), and PEPITO ANATIL ALACDIS (AT-LARGE), Accused
G.R. No. 220022
June 19, 2017


FACTS:

On April 21, 2008 SPO2 Agbayani and the confidential informant met Lingbanan and Alacdis at Kinudayan Restaurant, Kilometer 6, La Trinidad Benguet. SPO2 Agbayani introduced by the confidential informant as a prospective buyer for marijuana to Lingbanan and Alacdis however, since they did not have with them the stocks at that time they agreed to keep in touch.

On May 3, 2008, Lingbanan and Alacdis contacted SPO2 Agbayani informing the latter that the two kilos marijuana is ready for pick-up at the covered court of Baguio State University. Before SPO2 Agbayani left he told Lingbanan and Alacdis that if marijuana turned out to be of good quality he would buy more. The following day, Alacdis called SPO2 Agbayani asking if the quality of marijuana was up to his standard which affirmatively responded by SPO2 Agbani. He offered to buy 110 kilos of marijuana for P150, 000. Lingbanan and Alacdis counter-offered to deliver only 107 kilos of marijuana for the said amount which SPO2 Agbayani agreed.

On May 5, 2008, Lingbanan contacted SPO2 Agbayani to pick-up the 107 kilos of marijuana at Rizal Park, Baguio City. SPO2 Agbayani agreed and he informed PCI Apalla, who formed a buy-bust team as back-up.

On May 6, 2008, at around 10 o’clock in the morning SPO2 Agbayani received a message from Lingbanan and Alacdis that there was a sudden change of the plans and they were sending the accused-appellant to deliver the marijuana. At around 11:00 o’clock in the morning, Lingbanan called SPO2 Agbayani that the stocks of marijuana were inside the taxi. SPO2 Agbayani asked to be• shown the goods first before he gives the money. Accused-appellant instructed the taxi driver to open the back of the taxi where several cartons were placed. SP02 Agbayani could smell the marijuana. Accused-appellant opened one carton in front SP02 Agbayani who saw several marijuana bricks inside. SPO2 Agbayani gave the pre-arranged signal by removing his bull cap and back-up team rushed to the scene and arrested the accused-appellant and taxi driver, Danny Sison. The police confiscated five cartons containing several bricks of marijuana and decided to bring the same to the PDEA-CAR office for marking and inventory considering its volume.
The accused-appellant found guilty by the Regional Trial Court and sentenced to life imprisonment and to pay P5, 000.000, which is affirmed by the Court of Appeals.


ISSUE:

Whether or not the accused-appellant can be held liable for the violation of Section 5, Article ll RA 9165 for the illegal sale of dangerous drugs.


HELD:

No. Illegal sale of dangerous drugs, the delivery of the illicit drug to the poseur-buyer and the receipt by the seller of the marked money consummate the illegal transaction. Consideration/payment is one of the essential elements of illegal sale of dangerous drugs, without which, accused-appellant’s conviction for the said crime cannot stand. In this case, the sale of the dangerous drugs cannot be said to have been consummated because the accused-appellant did not received consideration. He was arrested immediately after the box containing the marijuana bricks were opened for SPO2 Agabayani. However, the accused-appellant is not absolved of criminal liability and may still be held liable under Section 5, Article II of RA 9165 for the delivery and transport of marijuana. And all the elements of illegal delivery of dangerous drugs was present.

The Supreme Court ruled that the accused-appellant is found guilty of illegal delivery and transportation of 107 kilos of marijuana and sentenced to life imprisonment and ordered to pay a fine of P1, 000,000.