In People v. Fabro, the Supreme Court affirmed that the actual delivery of prohibited drugs is the crux of the crime, superseding the necessity of presenting marked money. This ruling underscores that the essence of drug sale offenses lies in the tangible exchange of illegal substances. The focus shifts from procedural elements, such as the buy-bust money, to the substantive act of transferring prohibited items, ensuring convictions are based on concrete evidence of drug trafficking.

From Neighborly Favor to Narcotics: Unraveling the Buy-Bust Operation

Berly Fabro was convicted of selling marijuana after a buy-bust operation in Baguio City. Acting on a tip, police officers set up a sting where a poseur-buyer purchased a kilo of marijuana from Fabro. The operation unfolded with marked money, a pre-arranged signal, and a swift arrest. However, the absence of the marked money at trial and questions about the exact weight of the seized drugs became central to Fabro’s appeal. Fabro argued that the prosecution failed to prove her guilt beyond a reasonable doubt.

The defense raised several points: discrepancies in the reported weight of the marijuana, the failure to present the marked money, and insinuations that another individual, Irene Martin, was the true source of the drugs. Fabro claimed that Gloria and Emma Borce, the informants, were the ones carrying the marijuana. She stated that she was merely summoned by Irene Martin and then apprehended. This narrative aimed to cast doubt on Fabro’s direct involvement in the drug sale.

However, the Supreme Court was not persuaded. The Court addressed the discrepancy in the weight of the marijuana. Although one forensic chemist mentioned a weight of 99.5 grams in her testimony, the Court gave greater weight to her written report stating 999.5 grams and the initial chemistry report which recorded one kilo. The Court emphasized the reliability of contemporaneous written records over fallible human memory. This approach aligns with the principle that documentary evidence holds more probative value when it coincides directly with the events in question.

As between a writing or document made contemporaneously with a transaction in which are evidenced facts pertinent to an issue, when admitted as proof of these facts, is ordinarily regarded as more reliable proof and of greater probative value than oral testimony of a witness as to such facts based upon memory and recollection.

The Court also addressed the issue of the missing marked money. According to the Court, the absence of the marked money was not fatal to the prosecution’s case. The Court clarified that the core of the offense is the delivery of the prohibited drugs. The Court reasoned that Irene Martin’s flight with the money was the cause of the missing evidence. The Court highlighted that the presentation of the drug itself and the identification of the accused as the seller are the primary elements for conviction.

The Dangerous Drugs Law punishes the mere act of delivery of prohibited drugs after the offer to buy by the entrapping officer has been accepted by the prohibited drug seller. Rather, of importance are the facts that the prohibited drug given or delivered by the accused was presented before the court and that the accused was clearly identified as the offender by the prosecution eyewitness.

Fabro argued that Irene Martin was the real source of the marijuana, attempting to distance herself from the crime. The Court found that Fabro’s actions demonstrated a clear conspiracy with Martin. Fabro negotiated with the poseur-buyer, fetched Martin, and physically handed over the marijuana. These actions illustrated a unity of purpose and a coordinated effort to complete the drug sale. This established conspiracy negated Fabro’s defense that Martin was solely responsible.

The Court addressed the mislabeling of the crime in the information. The information cited “VIOLATION OF SECTION 21 (b) ART. IV IN RELATION TO SECTION 4/ARTICLE II OF REPUBLIC ACT 6425 AS AMENDED,” which refers to conspiracy to sell drugs, not the actual sale. However, the Court clarified that the body of the information accurately described the crime of selling marijuana. The Court reiterated the principle that the factual allegations in the body of the information prevail over the incorrect caption. This principle ensures that defendants are judged based on the actual conduct they are accused of, not on technical errors in the charging document.

This case underscores several important principles in Philippine drug law. First, the successful completion of a buy-bust operation hinges on proving the actual transfer of illegal drugs from the seller to the buyer. Second, discrepancies in evidence, such as the exact weight of the drugs or the presence of marked money, can be overcome with a strong chain of evidence and credible witness testimony. Third, conspiracy can be inferred from the coordinated actions of multiple individuals, even if one person physically handles the payment. The decision reinforces the government’s ability to prosecute drug offenses effectively. It also sets a clear standard for what constitutes sufficient evidence in drug sale cases.

FAQs

What was the key issue in this case?	The key issue was whether the prosecution had sufficiently proven that Berly Fabro sold marijuana, despite discrepancies in evidence and the absence of marked money. The Supreme Court focused on the actual delivery of the drugs as the defining element of the crime.
Why was the absence of the marked money not a critical issue?	The Court explained that the primary element of the crime is the delivery of the prohibited drugs. The presentation of the marked money is not indispensable if the prosecution can adequately prove the sale through other evidence, such as eyewitness testimony.
How did the court address the discrepancy in the weight of the marijuana?	The Court prioritized the forensic chemist’s written report and the initial chemistry report, both of which indicated a weight of approximately one kilo. The Court deemed these contemporaneous records more reliable than the chemist’s later testimony mentioning a smaller weight.
What role did Irene Martin play in the case?	Irene Martin was identified as the person who took the money from the poseur-buyer. However, the Court found that Fabro conspired with Martin to complete the drug sale, making Fabro equally culpable.
What does it mean that the information was mislabeled?	The information incorrectly cited the provision for conspiracy to sell drugs instead of the provision for the actual sale. The Court clarified that the factual allegations in the body of the information, which described the sale of marijuana, prevailed over the incorrect citation.
What is a buy-bust operation?	A buy-bust operation is a law enforcement tactic where police officers pose as buyers of illegal drugs to catch drug sellers in the act. This operation typically involves marked money, a pre-arranged signal, and a team of officers ready to make arrests.
What is the significance of conspiracy in this case?	The court ruled that Fabro conspired with Irene Martin in the commission of the crime as it was proven that they had a unity of purpose in consummating the sale of marijuana.
What is the key takeaway from this ruling?	The key takeaway is that the actual delivery of prohibited drugs is the most critical element in proving a drug sale offense. The absence of marked money or minor discrepancies in evidence will not necessarily lead to acquittal if the delivery is proven beyond a reasonable doubt.

The Supreme Court’s decision in People v. Fabro reinforces the importance of focusing on the tangible act of delivering illegal drugs in drug sale cases. By prioritizing the actual transfer of drugs over procedural details like marked money, the Court ensures that convictions are based on solid evidence of drug trafficking. This ruling provides clarity for law enforcement and the judiciary in prosecuting drug offenses, underscoring the commitment to combating the drug trade in the Philippines.

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. Berly Fabro y Azucena, G.R. No. 114261, February 10, 2000