The Supreme Court affirmed the conviction of Marissa Marcelo for the illegal sale of shabu, emphasizing that a successful buy-bust operation requires proof of the transaction and presentation of the illegal drug as evidence. The Court reiterated that the testimony of the poseur-buyer is not indispensable if the transaction is adequately witnessed and proven by police officers. This ruling reinforces law enforcement’s ability to combat drug trade while upholding the necessity of concrete evidence in securing convictions.

From Debt Collection to Drug Dealing: When a Frame-Up Claim Falls Flat

The case of People of the Philippines v. Marissa Marcelo began with an accusation: that on August 1, 2003, Marissa Marcelo allegedly sold 2.3234 grams of methamphetamine hydrochloride (shabu) to Henry Tarog, a police informant, in exchange for P1,500.00. Marcelo was charged with violating Section 5, Article II of Republic Act (RA) No. 9165, also known as “The Comprehensive Dangerous Drugs Act of 2002.” At trial, Marcelo pleaded not guilty, claiming she was merely collecting a debt from Tarog and was a victim of a frame-up. The Regional Trial Court (RTC) of Sorsogon City, however, found her guilty beyond reasonable doubt, a decision later affirmed by the Court of Appeals (CA). The central legal question was whether the prosecution successfully proved the elements of illegal drug sale, and whether Marcelo’s defenses of denial and frame-up held merit.

The prosecution presented a detailed account of the buy-bust operation. Acting on prior information that Marcelo and her husband were involved in selling shabu, police officers coordinated with an informant, Imrie Tarog, to act as a poseur-buyer. Tarog was given marked money, and a pre-operation report was filed with the Philippine Drug Enforcement Agency (PDEA). According to the police, Marcelo arrived at Tarog’s rented unit in Visitor’s Inn and handed over shabu in exchange for the marked money. The police officers then entered the unit, seized the drugs and money, and arrested Marcelo. A forensic examination confirmed that the seized substance was indeed methamphetamine hydrochloride.

Marcelo’s defense painted a different picture. She claimed she went to Tarog’s place to collect payment for pork he had purchased from her. While waiting for Tarog, police officers allegedly arrived, conducted a body search, and planted a sachet of shabu near her. She further claimed that the police took P900.00 from her, which she intended to use for her fare. Marcelo suggested that the entire operation was a frame-up orchestrated by the police, possibly due to Tarog’s wife being a cousin of one of the officers.

The Supreme Court, however, sided with the prosecution. The Court emphasized that in cases involving illegal drug sales, the prosecution must prove the identity of the buyer and seller, the object of the sale, the consideration, and the actual delivery of the thing sold and payment made. Here, the Court found that the police officers positively identified Marcelo as the seller, and their testimonies established that a transaction had indeed taken place. The illicit drug, shabu, was presented as evidence, completing the elements required for conviction.

The Court addressed Marcelo’s argument that the prosecution’s failure to present Tarog, the poseur-buyer, was fatal to their case. It cited precedent stating that the testimony of the poseur-buyer is not always indispensable.

“The relevant information acquired by the [‘poseur-buyer’] was equally known to the police officers who gave evidence for the prosecution at the trial. They all took part in the planning and implementation of the [buy-bust] operation, and all were direct witnesses to the actual sale of the [shabu, the appellant’s] arrest immediately thereafter, and the recovery from [her] x x x of the marked money x x x. The testimony of the [poseur-buyer] was not therefore indispensable or necessary; it would have been cumulative merely, or corroborative at best.”

Since the police officers directly witnessed the transaction, Tarog’s testimony would have been merely corroborative.

Building on this principle, the Court also rejected Marcelo’s claim that Tarog had an improper motive for cooperating with the police. While Marcelo argued that Tarog received leniency in exchange for his cooperation, the Court pointed out that the criminal case against Tarog was filed after the buy-bust operation. There was no factual basis to support the claim that Tarog was given preferential treatment in exchange for his assistance. The entrapment operation, as established by the police, directly implicated Marcelo in the illegal sale of shabu.

Marcelo’s argument regarding her warrantless arrest was also dismissed by the Court. The Court stated that because she was caught in flagrante delicto—in the act of committing a crime—the police officers were not only authorized but duty-bound to arrest her without a warrant.

“Having been caught in flagrante delicto, the police officers were not only authorized but were even duty-bound to arrest her even without a warrant.”

This principle is a cornerstone of law enforcement, allowing officers to immediately apprehend individuals engaged in criminal activity.

The Court turned to Marcelo’s defenses of denial and frame-up, finding them insufficient to overturn the prosecution’s case. It stated that denial cannot prevail over the positive testimony of credible prosecution witnesses.

“Denial cannot prevail over the positive testimony of prosecution witnesses.”

Furthermore, the defense of frame-up is viewed with disfavor and must be proven with clear and convincing evidence, including evidence of improper motive on the part of the police officers. In this case, Marcelo failed to provide such evidence. The Court noted that Marcelo did not file any administrative or criminal charges against the police officers, further weakening her claim of a frame-up.

The Supreme Court emphasized the presumption of regularity in the performance of official duties by the arresting officers. In the absence of evidence to the contrary, the Court assumes that law enforcement officers act in accordance with the law. Marcelo failed to present any evidence to overcome this presumption. This reliance on the presumption of regularity underscores the trust placed in law enforcement to carry out their duties honestly and effectively.

The Court affirmed Marcelo’s conviction under Section 5, Article II of RA 9165, which carries a penalty of life imprisonment and a fine ranging from P500,000.00 to P10,000,000.00. The Court noted that the enactment of RA 9346 prohibits the imposition of the death penalty, thereby limiting the punishment to life imprisonment and a fine. The Court also clarified that Marcelo is not eligible for parole, reinforcing the severity of the sentence.

In sum, the Supreme Court upheld the conviction of Marissa Marcelo, underscoring the importance of proving the elements of illegal drug sale in buy-bust operations. The Court emphasized that the testimony of the poseur-buyer is not indispensable if the transaction is adequately proven by police officers. The Court also rejected the defenses of denial and frame-up, as Marcelo failed to provide sufficient evidence to support her claims. This case serves as a reminder of the stringent requirements for prosecuting drug-related offenses and the critical role of law enforcement in combating illegal drug trade.

FAQs

What was the key issue in this case?	The key issue was whether the prosecution proved beyond reasonable doubt that Marissa Marcelo illegally sold shabu, and whether her defenses of denial and frame-up were valid. The Court examined the elements of illegal drug sale and the credibility of the witnesses.
Is the testimony of the poseur-buyer always required in drug cases?	No, the testimony of the poseur-buyer is not indispensable if the police officers who witnessed the transaction testify and their testimonies are credible. The poseur-buyer’s testimony would be considered merely corroborative in such cases.
What is needed to prove a frame-up in drug cases?	To prove a frame-up, the accused must present clear and convincing evidence, including evidence of improper motive on the part of the police officers. A mere allegation of frame-up is not sufficient to overturn the presumption of regularity in the performance of official duties.
Can police arrest someone without a warrant in drug cases?	Yes, police can arrest someone without a warrant if they are caught in flagrante delicto, meaning in the act of committing a crime. In drug cases, this typically occurs during a buy-bust operation where the suspect is caught selling illegal drugs.
What are the elements of illegal sale of drugs?	The elements are: (1) the identity of the buyer and seller, the object, and the consideration; and (2) the delivery of the thing sold and the payment therefor. The presentation in court of the corpus delicti (the illicit drug) is also essential.
What is the penalty for illegal sale of shabu under RA 9165?	Under RA 9165, the penalty for the unauthorized sale of shabu is life imprisonment to death and a fine ranging from P500,000.00 to P10,000,000.00. However, with RA 9346, the death penalty is prohibited, so only life imprisonment and the fine are imposed.
What does ‘presumption of regularity’ mean in legal terms?	The ‘presumption of regularity’ means courts assume that law enforcement officers perform their duties in accordance with the law, unless there is evidence to the contrary. This presumption is often invoked in cases involving police operations.
What role does prior information play in buy-bust operations?	Prior information can trigger a buy-bust operation. However, the actual sale and arrest must be conducted lawfully. Mere suspicion based on prior information is not enough to justify an arrest without a warrant; the suspect must be caught in the act.
Why was the debt collection claim not considered a valid defense?	The Court found the debt collection claim unconvincing because it was contradicted by the police officers’ testimonies, who witnessed the drug transaction. Marcelo’s self-serving testimony was insufficient to outweigh the positive identification made by the prosecution witnesses.

This case clarifies the requirements for proving illegal drug sale in buy-bust operations and underscores the importance of credible witness testimony. It reinforces the notion that law enforcement actions are presumed regular unless proven otherwise. The decision serves as a guide for future drug-related prosecutions and emphasizes the need for solid evidence to secure convictions.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: PEOPLE OF THE PHILIPPINES, VS. MARISSA MARCELO, G.R. No. 181541, August 18, 2014