G.R. No. 204911 - THE PEOPLE OF THE PHILIPPINES, VS. MIKE STEVE Y BASMAN AND RASHID MANGTOMA Y NONI, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the testimony of Forensic Chemist Bonifacio was dispensed with. [6] Records reveal that, based on the evidence presented, [7] the summary of factual findings of the trial court is stated as follows: In 2003, a buy-bust operation was conducted by police officers PO3 Mohammad Sugod, Jr. and SPO3 Santiago Gonzales inside the Kimco Subdivision in Barangay Sauyo, Quezon City. The buy-bust team was formed due to the information received from the residents of the said subdivision regarding some illegal drug activities. Surveillances were made. The team prepared buy-bust money and PO3 Sugod was assigned as the poseur buyer. As planned, the teams informant made arrangement with the accused-appellants Mike Steve and Rashid Mangtoma for the purchase of one kilo of shabu. On February 20, 2003, the team proceeded to the target area. At around ten (10) in the morning, the informant communicated to the police officers of the arrival of the accused-appellants. PO3 Sugod transacted with accused-appellant Mangtoma. A plastic bag containing (almost) one kilo of shabu was handed over to PO3 Sugod. After witnessing the transaction, SPO3 Gonzales approached the parties involved who were also inside the car. SPO3 Gonzales declared Pulis kami, huwag na kayong manlaban pa. The accused-appellants were arrested and brought to the police station. The item of the transaction was seized. It was subsequently subjected for laboratory examination in the Philippine National Police Crime Laboratory. A chemistry report manifesting that the confiscated substance yielded positive for methylamphetamine hydrochloride was issued by Forensic Chemist Officer May Andrea A. Bonifacio. Both accused-appellants denied the commission of the crime. They alleged that a buy-bust operation was never conducted by the police officers. Both of them were temporarily staying in the residence of Spouses Pauto and Armpo Lilog when the policemen forced their way into the house. They were arrested together with the said spouses and a certain Noro. In the police station, all of them were asked to pay the total amount of one (1) million pesos for their release. As accused-appellants failed to give any amount, only Noro and Spouses Pauto and Armpo Lilog were released. [8] The Ruling of the RTC The RTC rendered a Decision [9] finding both accused guilty beyond reasonable doubt of the crime of drug pushing, specifically in violation of Section 5, Article II of R.A. No. 9165, the dispositive portion of which is hereunder quoted as follows: WHEREFORE , in view of the foregoing disquisitions, judgment is hereby rendered finding accused MIKE STEVE y BASMAN and RASHID MANGTOMA y Noni GUILTY beyond reasonable doubt of the crime of drug pushing and each is hereby sentenced to suffer LIFE IMPRISONMENT and each to pay a fine of P800,000.00. The drug involved in this case is hereby ordered transmitted to the PDEA thru DDB for proper disposition. [10] The court a quo gave emphasis to the undisputed fact