In People v. Catalino Dulay y Cadiente, the Supreme Court affirmed the conviction of the accused for the illegal sale and use of dangerous drugs, emphasizing that the testimony of a single credible witness, such as the poseur-buyer, is sufficient for conviction, even without corroboration from an informant. This ruling underscores the importance of the poseur-buyer’s testimony in drug cases and clarifies that the identity and testimony of an informant are not indispensable for proving guilt beyond a reasonable doubt. The decision also reinforces that the quantity of drugs involved does not affect the penalty for illegal sale, highlighting the strict application of Republic Act No. 9165.

Undercover Sting: When is a Drug Deal Proven Beyond Doubt?

The case revolves around Catalino Dulay, who was apprehended in a buy-bust operation for allegedly selling 0.04 grams of shabu. Two Informations were filed against him: one for violation of Section 5 (illegal sale), and another for violation of Section 15 (drug use), Article II of Republic Act No. 9165. Dulay pleaded not guilty to the charge of illegal sale but pleaded guilty to the charge of drug use. At trial, the prosecution presented testimonies from the buy-bust team, including PO1 Dominador Robles, PO1 Jose Guadamor (the poseur-buyer), and PO1 Francisco Barbosa. Dulay’s defense rested on his denial of selling shabu, claiming he was framed by MADAC operatives.

The lower court found Dulay guilty beyond reasonable doubt of violating Section 5, sentencing him to life imprisonment and a fine of P500,000.00. He was also sentenced to rehabilitation for at least six months for drug use under Section 15. Dulay appealed, arguing that the prosecution failed to prove his guilt beyond reasonable doubt due to the failure of one officer to identify him in court, the distance of other officers from the transaction, and the absence of the informant’s testimony.

The Court of Appeals affirmed the trial court’s decision. The Supreme Court, in reviewing the case, focused on whether the evidence presented was sufficient to establish Dulay’s guilt beyond a reasonable doubt. Central to the Court’s analysis was the credibility of the witnesses, particularly the poseur-buyer, PO1 Guadamor. The Court reiterated the principle that trial courts are in a better position to assess the credibility of witnesses due to their direct observation of their demeanor and testimony. The Court found no reason to overturn the trial court’s assessment of PO1 Guadamor’s credibility, whose detailed account of the transaction was deemed convincing.

We have repeatedly held that it is up to the prosecution to determine who should be presented as witnesses on the basis of its own assessment of their necessity. After all, the testimony of a single witness, if trustworthy and reliable, or if credible and positive, would be sufficient to support a conviction. Moreover, in determining values and credibility of evidence, witnesses are to be weighed, not numbered.

The Court addressed Dulay’s arguments regarding the failure of PO1 Barbosa to identify him in court. The Court noted that Dulay himself admitted that PO1 Barbosa was part of the arresting team, thereby confirming that he was indeed the person referred to in PO1 Barbosa’s testimony. This admission cured any defect caused by the lack of identification in court. Furthermore, the Court dismissed the argument that PO1 Robles and PO1 Barbosa were too far from the transaction to positively identify Dulay, emphasizing that they approached the scene after the pre-arranged signal. Their testimony served to corroborate PO1 Guadamor’s account, which was already deemed credible.

Building on this principle, the Supreme Court discussed the necessity of presenting the informant in court. The Court clarified that the informant’s testimony is not indispensable in drug cases. The identity or testimony of the informant is not indispensable in drugs cases, since his testimony would only corroborate that of the poseur-buyer. It emphasized that the prosecution has the discretion to determine which witnesses to present. The testimony of a single credible witness, such as the poseur-buyer, is sufficient to secure a conviction. The Court also acknowledged practical considerations for not presenting informants, such as protecting their identity and ensuring their continued usefulness in future operations. The Court cited People v. Ho Chua, stating that “[p]olice authorities rarely, if ever, remove the cloak of confidentiality with which they surround their poseur-buyers and informers since their usefulness will be over the moment they are presented in court.”

SEC. 5.  Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. – The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions.

The Court addressed Dulay’s plea for a reduced penalty, given the small quantity of drugs involved. The Court acknowledged that while it desires to temper justice with mercy, it is bound by the clear language of Section 5, Article II of Republic Act No. 9165. This provision mandates that the penalty for the illegal sale of dangerous drugs, including methylamphetamine hydrochloride (shabu), applies regardless of the quantity involved. Therefore, the Court was constrained to affirm the penalty imposed by the trial court in toto, which included life imprisonment and a fine of P500,000.00.

The Supreme Court affirmed the penalty imposed by the trial court in toto. This decision underscores several important principles in Philippine drug law. First, the testimony of a credible poseur-buyer is sufficient to establish guilt beyond a reasonable doubt in illegal drug sale cases. Second, the presentation of an informant is not indispensable and is often unnecessary to protect the informant’s identity and usefulness. Third, the quantity of drugs involved does not affect the penalty for illegal sale under Section 5 of Republic Act No. 9165, reinforcing the strict application of the law.

Moreover, the ruling emphasizes the critical role of the trial court in assessing the credibility of witnesses and the deference appellate courts give to these assessments. It also highlights the balance between the desire for leniency and the strict mandates of the law, particularly in drug-related offenses. By upholding the conviction and penalty, the Supreme Court reaffirms its commitment to enforcing Republic Act No. 9165 and combating the illegal drug trade.

FAQs

What was the key issue in this case?	The key issue was whether the prosecution presented sufficient evidence to prove Catalino Dulay’s guilt beyond a reasonable doubt for the illegal sale of dangerous drugs, despite arguments about witness identification, distance, and the absence of the informant’s testimony.
Is the testimony of an informant necessary for a conviction in drug cases?	No, the testimony of an informant is not indispensable. The Supreme Court held that the testimony of the poseur-buyer, if credible, is sufficient for conviction.
Does the quantity of drugs affect the penalty for illegal sale under RA 9165?	No, Section 5 of RA 9165 stipulates that the penalty for the illegal sale of dangerous drugs applies regardless of the quantity involved.
What is the role of the poseur-buyer in a buy-bust operation?	The poseur-buyer is the operative who pretends to purchase drugs from the suspect. Their testimony is crucial in establishing the elements of the illegal sale.
Why didn’t the prosecution present the informant in court?	Informants are often not presented in court to protect their identity and ensure their continued usefulness in future operations. Their safety could also be at risk if they testify.
What was the penalty imposed on Catalino Dulay for the illegal sale of drugs?	Dulay was sentenced to life imprisonment and a fine of P500,000.00 for the illegal sale of 0.04 grams of methylamphetamine hydrochloride (shabu).
What is the significance of the trial court’s assessment of witness credibility?	The trial court’s assessment of witness credibility is given great weight because the trial court has the opportunity to directly observe the witnesses’ demeanor and manner of testifying.
What was the outcome of Dulay’s appeal?	The Supreme Court affirmed the Court of Appeals’ decision, which upheld the trial court’s conviction and penalty for Dulay.

The Dulay case provides a clear illustration of how the courts apply Republic Act No. 9165 in drug-related offenses. It reinforces the importance of credible testimony from law enforcement officers and the strict penalties associated with illegal drug sales, regardless of quantity. This ruling emphasizes the judiciary’s commitment to upholding the law and combating drug-related crimes 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. CATALINO DULAY Y CADIENTE, G.R. No. 188345, December 10, 2012