FIRST DIVISION

[G.R. No.129376. May 29, 2002]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANGELITO TAN y NUBLA, accused-appellant.

D E C I S I O N

YNARES-SANTIAGO, J.:

Angelito N. Tan is a Manila-based businessman who also operates a small restaurant in the San Francisco area. He supports his wife, three sons and a daughter, all of whom reside in the United States. He was accused by the police of selling and possessing illegal drugs. He insists that he was framed, but the police officers who nabbed him claim that he was arrested in flagrante delicto during a legitimate buy-bust operation. At stake is the life and freedom of a father of four, who has been sentenced to spend the rest of his productive life behind bars. Also on the line is the State’s implacable policy of ridding society of those who wreak havoc on the lives of others by pushing illegal drugs.

Accused-appellant Angelito Tan was charged with Violation of Section 15 (b), Article III in relation to Section 2 (e), (f), (m), (o) of R.A. No. 6425, as amended by P.D. No. 1683, otherwise known as the Dangerous Drugs Act, in an information which alleges:

That on or about the 27^th day of June 1994 in Quezon City Philippines, the said accused, not having been authorized by law to sell, dispense, deliver, transport or distribute any regulated drug did then and there wilfully and unlawfully sell or offer for sale 492.4054 grams white crystalline substance known as ‘SHABU” containing methamphetamine hydrochloride, which is a regulated drug.

CONTRARY TO LAW.[1]

Accused-appellant pleaded “Not Guilty” when arraigned.[2] The case thereafter proceeded to trial.

The prosecution’s version of the incident is as follows:

On June 23, 1994, SPO1 Liberato Abalos of the PNP Narcotics Command received a tip from one of their confidential informants that a certain Lito was engaged in drug trafficking at his residence in No. 14-B Condominium, Banawe corner Retiro Streets, Quezon City. Senior Inspector Franklin Mabanag formed a team consisting of Abalos, SPO3 Edgardo Lara, SPO4 Ernesto Carpio and Noel Castanieto to conduct a surveillance on the area. They returned to Camp Bagong Diwa, Bicutan, Taguig, Metro Manila, where their informant called up Lito on the telephone. The informant informed Lito that he had a friend who just arrived from the Middle East and who was looking for shabu. Abalos talked with Lito and told him he wanted to buy five hundred grams of shabu. Lito informed Abalos that the price was P700.00 per gram, but after bargaining Lito agreed to sell the shabu for P650.00 per gram.[3]

In the early morning of June 27, 1994, Lito instructed Abalos to meet him at the corner of Banawe and Retiro Streets to pick up the shabu. Thus, a buy-bust operation was planned. Abalos was designated as the poseur-buyer. Abalos brought with him seven P1,000.00 bills dusted with ultra-violet powder, contained in a letter envelope with fake money.[4]

Later that morning, Abalos and the informant positioned themselves at the appointed place. After a few minutes, accused-appellant Angelito Tan approached them. The informant told accused-appellant that he was going to buy five hundred grams of shabu, whereupon accused-appellant handed to Abalos a plastic bag saying, “This is it.” Abalos looked inside the plastic bag and found five sachets containing yellow substance. Abalos then gave accused-appellant the envelope. When accused-appellant opened the envelope and saw the fake money, he started to run. The informant threw his cigarette butt, which was the cue that the sale had been completed. Mabanag, Lara and Castanieto appeared. Lara chased accused-appellant and caught him near the PCI Bank ten meters away from the corner. Accused-appellant was frisked and informed of his constitutional rights.[5] Accused-appellant was brought to Camp Bagong Diwa, Bicutan, Taguig, Metro Manila.[6]

At Camp Bagong Diwa, Carpio took the statement of the poseur-buyer, Abalos, while Mabanag and Lara executed their joint affidavit of arrest. The substance obtained from accused-appellant was sent to the National Bureau of Investigation for analysis.[7]

That evening, accused-appellant was brought to the PNP Crime Laboratory, Camp Crame, Quezon City. The seven pieces of P1,000.00 bills were brought to the PNP Crime Laboratory for examination. Forensic Chemist Salud Rosales examined accused-appellant and found that his hands were positive for ultra-violet powder.[8] The examination of the genuine bills also yielded positive for ultra-violet powder.[9] Meanwhile, the examination of the substance taken from accused-appellant were found to be methamphetamine hydrochloride.[10]

Accused-appellant had a diametrically opposed version of the events. He alleged that he was with his mistress at the Villa Estrella Resort in Bauang, La Union from June 22 to June 24, 1994, as shown by the receipts he submitted in evidence.[11] On June 26, 1994, he went to the casino at the Pavilion Hotel in Manila where he was regularly engaged in the money-lending business. He left the casino at 7:00 a.m. the next day and went to the PNB-Republic Bank in Arranque.

Since he was too sleepy to drive, accused-appellant asked his nephew, Michael Solano, to fetch him from the bank and to take him home. When they arrived at the condominium, accused-appellant went upstairs while Solano parked his car. Two men approached him and told him he was driving a carnapped vehicle. The men asked to see his uncle and went up the condominium with Solano. When they got to accused-appellant’s unit, they grabbed him by the hand and forced him to go with them.[12]

Accused-appellant was brought to Camp Papa and told that he was being held for selling shabu. Captain Mabanag intimated to him that they will release him for a consideration of P1,000,000.00 and a deed of sale over Solano’s car. Accused-appellant refused since he has not done anything wrong and the car does not belong to him.

Later that night, accused-appellant was told that they will go to his house to get some clothes and to inform his mother of his whereabouts. He rode a car with SPO1 Abalos, SPO4 Lara and one Pascual. Abalos told him that they will eat because he was hungry, but accused-appellant told him that he had no money. Abalos produced five one thousand-peso bills and offered to lend the money to accused-appellant if he will pay him back at his house. Accused-appellant reached out for the bills with his left hand. Abalos ordered him to count them. Before he could finish counting, Abalos snatched the bills from him. Suddenly, accused-appellant felt something rough on his hands. After that, accused-appellant was brought to the PC Crime Laboratory in Camp Crame where his hands were examined for ultra-violet powder.[13]

Accused-appellant’s version of the incident is corroborated by several witnesses. His nephew, Michael Solano, confirmed that he went to the bank to fetch his uncle. He further stated that he went with his uncle to Camp Bagong Diwa where he stayed from 12:00 p.m. to 7:30 p.m., until the police released him the evening of the same day.[14]