PEOPLE v. CUTARA

People of the Philippines vs. Jose Cutara y Brix

G.R. No. 224300

June 7, 2017

FACTS:

On July 31, 2003, acting on information on the alleged sale of shabu by accused-appellant PSI Liguden, Chief of the District Detective Beat Patrol Unit of the Western Police District formed a team to undertake buy-bust operation using two pieces of Php200 bills marked with “X”. They contacted a confidential informant to assist them in validating the said information. On the same day, the buy-bust team proceeded to the target area; they saw a man standing in a corner who seemed to be waiting for somebody. The informant told PO3 Marcial that the said man was Cutara. The informant introduced PO3 Marcial as a buyer of shabu. Accused-appellant the asked how much and PO3 Marcial replied Php200 worth of shabu. PO3 Marcial then handed to accused-appellant the marked money while the latter handed over to PO3 Marcial a transparent plastic sachet containing white crystalline granules. The members of the buy-bust team arrived and brought accused-appellant to the WPD office. The seized sachet containing 0.254 gram tested positive for shabu. Accused-appellant interposed the defense of denial. The RTC convicted accused-appellant and sentenced him to a penalty of life imprisonment and imposed a fine of P500, 000. The CA affirmed the RTC decision in its entirety.

ISSUE:

Whether or not the CA erred in affirming the Decision of the RTC convicting accused-appellant of the crime of selling of shabu?

HELD:

No. to secure a conviction for illegal sale of dangerous drugs, like shabu, the following elements must be established: 1. the identity of the buyer and the seller, the object of the sale, and the consideration; and 2. the delivery of the thing sold and its paxment. The prosecution must also prove the illegal sale of the dangerous drugs and present the corpus delicti in court as evidence. In this case, the prosecution duly established these elements, Cutara failed to present clear and convincing evidence to overturn the presumption that the buy-bust team regularly performed their duties. Hence, the testimonies of the prosecution witnesses as to the preservation of the integrity and the evidentiary value of the seized illegal drugs deserve full faith and credit. Thus, the accused-appellant’s guilt for illegal selling of shabu had been sufficiently proved beyond reasonable doubt.