G.R. No. 193661 - PEOPLE OF THE PHILIPPINES/, VS. RYAN BLANCO Y SANGKULA, ACCUSED/.R E S O L U T I O N - Supreme Court E-Library

Ruling

WHEREFORE, and the foregoing considered, the court finds that: i. Accused Ryan Blanco is GUILTY beyond reasonable doubt of selling 0.01 gram of shabu , or methylamphetamine hydrochloride , a dangerous drug, without authority[,] in violation of Section 5, 1st paragraph, Article II of RA No. 9165, as alleged in the Information in Criminal Case No. 15537-D-TG and he is hereby sentenced to suffer the penalty of life imprisonment, to pay a fine of [Php]500,000.00 and to suffer the accessory penalties provided for by law; and ii. Accused Blanco is GUILTY beyond reasonable doubt as well of possessing a total of 0.06 gram of shabu , or methylamphetamine hydrochloride, a dangerous drug, contained in 6 plastic sachets, without authority[,] in violation of Section 11, 3 rd paragraph, Article II of RA No. 9165 as alleged in the Information in Criminal Case No. 15538-D-TG and he is hereby sentenced to suffer the penalty of imprisonment of TWELVE (12) YEARS AND ONE (1) DAY of reclusion temporal , as minimum, up to TWENTY (20) YEARS of reclusion temporal , as maximum, to pay a fine of [Php] 300,000.00 and to suffer the accessory penalties provided for by law. With costs de officio . [3] The Court of Appeals, in a decision promulgated on May 24, 2010 affirmed the Joint Decision, with the modification that the penalty to be imposed on accused-appellant in Criminal Case No. 15538-D-TG for illegal possession of 0.06 grams of shabu shall be (12) years and one (1) day as minimum up to twenty (20) years as maximum, to pay a fine of P300,000.00, and to suffer the accessory penalties provided in RA No. 9165. Hence, the present appeal. Appellant was charged with and convicted of illegal sale and possession of dangerous drug. He, however, merely raises on appeal his conviction insofar as the charge for illegal sale of dangerous drug is concerned. We dismiss the appeal for lack of merit. Appellant contends that the trial court, in convicting him of the crime of illegal sale of shabu , erred in giving full weight and credence to the prosecution's testimony notwithstanding its material and glaring inconsistencies. He particularly claims that the conduct of a surveillance and test-buy operation by the buy-bust team is crucial to his conviction. He further asserts the alleged variations as to how the actual transaction of sale took place as narrated in the joint affidavits of arrest and as testified to in open court by PO2 Renato Ibañez (PO2 Ibañez). Thus, appellant insists that the presentation of the confidential informant is necessary in this case. Appellant also questions the propriety of conducting a buy-bust operation by the apprehending police officers against him. We find appellant's contentions not sustainable and are indeed utterly untenable. The prosecution presented as witnesses PO2 Ibañez and PO3 Atanacio Allauigan (PO3 Allauigan) of the District Anti-Illegal Drugs-Special Operations Task Force (DAID-SOTF), Fort Bonifacio, Taguig City. PO2 Ibañez declared