In People of the Philippines v. Vicente Rom, the Supreme Court affirmed the lower courts’ decisions, convicting Vicente Rom for illegal sale and possession of shabu, and for maintaining a drug den. The Court emphasized the importance of credible witness testimonies and adherence to constitutional rights during arrests and seizures. This ruling underscores the judiciary’s commitment to eradicating drug-related offenses while safeguarding individual liberties.

When a Buy-Bust Operation Reveals More: Vicente Rom’s Conviction

The case began with confidential information received by the Vice Control Section of the Cebu City Police Office (VCS-CCPO) about Vicente Rom, also known as “Dodong,” who was allegedly involved in the illegal sale of shabu and maintaining a drug den at his residence. Acting on this tip, the police conducted surveillance, and on August 31, 2000, they launched a buy-bust operation. Police Officer 2 Marvin Martinez (PO2 Martinez) acted as the poseur-buyer, equipped with marked money. The operation led to Rom’s arrest and the discovery of additional packets of shabu, resulting in charges for illegal sale, possession, and maintenance of a drug den.

The Regional Trial Court (RTC) of Cebu City found Rom guilty on all counts. He was convicted for violating Sections 15, 15-A, and 16 of Article III of Republic Act No. 6425, also known as the Dangerous Drugs Act of 1972, as amended. The Court of Appeals (CA) affirmed the RTC’s decision with a modification, adjusting the penalties for illegal sale and possession. Rom then appealed to the Supreme Court, arguing that the prosecution’s evidence was incredible, the entry into his house was illegal, and his guilt was not proven beyond reasonable doubt. He claimed that he no longer resided at the location and was merely visiting his daughter.

The Supreme Court (SC) tackled the issues by focusing on the credibility of the prosecution’s witnesses and the legality of the arrest and seizure. The SC emphasized that factual findings of the trial court involving witness credibility are given great weight, especially when affirmed by the Court of Appeals. The Court found no compelling reason to overturn these findings, which were well-supported by the evidence on record. The SC reiterated the elements necessary to secure a conviction for illegal sale of dangerous drugs. These elements include the identity of the buyer and seller, the object, and the consideration, as well as the delivery of the thing sold and the payment made.

The Court noted that PO2 Martinez positively identified Rom as the seller, and the substance sold was confirmed to be shabu. Further, the marked money was recovered from Rom. This established the illegal sale beyond a reasonable doubt. With regard to illegal possession, the Court outlined that it must be proven that the accused possessed a prohibited drug, the possession was unauthorized, and the accused freely and consciously possessed the drug. When PO3 Yanson searched Rom, four more packets of shabu were found in his wallet. Since Rom did not have legal authority to possess these drugs, the burden shifted to him to provide a satisfactory explanation, which he failed to do.

Rom argued that the entry into the house was illegal, making the subsequent search and seizure invalid. However, the Court cited Dimacuha v. People, which states that warrantless searches are permissible incident to a lawful arrest, especially in cases of flagrante delicto. Since Rom was caught selling shabu, his arrest was lawful, and the seizure of the additional packets was admissible as evidence. Regarding the charge of maintaining a drug den, the prosecution presented evidence that Rom charged a fee for people to use his house to sniff shabu. PO2 Martinez testified that he paid Rom P10.00 to use the premises, and he saw other individuals using drugs there. This was corroborated by other officers. The Court found that this established the offense of maintaining a drug den beyond reasonable doubt.

Rom’s defense relied heavily on denial, claiming he no longer owned or resided in the house. He presented Teresita Bitos to support his claim. However, the Court found Bitos’ testimony not credible, as she admitted being asked to testify in Rom’s favor. Moreover, Rom failed to present his daughter, the alleged owner of the house, to corroborate his claim. The Court stated that denial is a weak defense, especially when the prosecution presents positive identification and credible evidence. Additionally, there is a presumption that public officers, including arresting officers, regularly perform their official duties, which Rom failed to overcome.

The Supreme Court ultimately affirmed the Court of Appeals’ decision in full, upholding Rom’s conviction on all charges. The Court emphasized that findings of the trial court on witness credibility are given great weight, and the prosecution had successfully proven all the elements of the offenses beyond a reasonable doubt. The Court also affirmed the legality of the arrest and seizure, as they were incident to a lawful arrest in flagrante delicto.

FAQs

What was the key issue in this case?	The key issue was whether the prosecution had proven beyond a reasonable doubt that Vicente Rom was guilty of illegal sale and possession of shabu and maintaining a drug den, and whether the arrest and seizure were lawful.
What is a buy-bust operation?	A buy-bust operation is an entrapment technique used by law enforcement to apprehend individuals engaged in illegal drug activities. It involves an undercover officer posing as a buyer to purchase illegal drugs from a suspect, leading to their arrest.
What is the legal definition of a drug den?	A drug den is defined as a place where prohibited or regulated drugs are used in any form or are found. Proof of its existence can be established through direct evidence or by facts and circumstances, including the general reputation of the house.
What are the elements of illegal sale of dangerous drugs?	The elements are: (1) identity of the buyer and the seller, the object, and consideration; and (2) the delivery of the thing sold and the payment therefor.
What are the elements of illegal possession of dangerous drugs?	The elements are: (1) the accused is in possession of an item or object that is identified to be a prohibited drug; (2) such possession is not authorized by law; and (3) the accused freely and consciously possesses the said drug.
What does ‘flagrante delicto‘ mean?	Flagrante delicto refers to being caught in the act of committing a crime. In this case, Rom was caught in the act of selling shabu, which justified his warrantless arrest.
What is the ‘fruit of the poisonous tree’ doctrine?	The ‘fruit of the poisonous tree’ doctrine excludes evidence obtained as a result of an illegal search or seizure. However, this doctrine does not apply if the search and seizure are incident to a lawful arrest.
Why is the credibility of witnesses important in drug cases?	The credibility of witnesses is crucial because drug cases often rely on the testimonies of law enforcement officers and informants. Courts give great weight to the trial court’s assessment of witness credibility due to its direct observation of their demeanor.

This case highlights the importance of upholding the law in drug-related offenses while protecting individual rights. The Supreme Court’s decision reinforces the need for credible evidence and lawful procedures in drug enforcement operations.

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. Vicente Rom, G.R. No. 198452, February 19, 2014