Case Digest: People vs Brainer

People of the Philippines vs. Brainer

G.R. No. 188571, October 10, 2012

Ponente: Leonardo- De Castro, J.

Facts:

Version of the Prosecution: The accused was found guilty for violation of Se. 5, Art. II of R.A. No. 9165, otherwise known as the comprehensive Dangerous Drugs Act of 2002. Information was filed against Brainer for unlawfully and knowingly selling one heat-sealed transparent plastic sachet with markings MMB containing one point zero three three (1.033) grams of shabu which is a dangerous drug. She pleaded not guilty upon arraignment. The prosecution presented their defense based on the testimonies of PO2 Gatdula and Police Inspector Reyes the forensic chemist officer. Prior to the buy bust operation a confidential informant apprised Gatdula that a certain Cacay was looking for shabu buyer. Buy bust ensued after forming a team for entrapment with a coordination report faxed to the PDEA.

Version of the Defense: Brainer testified that she agreed to accompany her friend patty to the Holy Trinity Church, since patty had a quarrel to her husband and that she asked Brainer to talk to her husband. Brainer was about to leave the church when somebody held her and told her not to run. She was the put in a small room after, her personal belongings like wallet, bracelet, watch and shoes were taken and alleged that cops were asking for a money as an extortion and that failure to produce the amount of 300,000.00 php led her to the city jail.

Issue:

Whether the trial court erred in finding the accused guilty of the crime charged on the basis of the uncorroborated testimony of PO2 Gatdula and on the basis of the perceived flaws in the evidence of the defense.

Ruling:

No. There is no merit on the appeal. This court has ruled that the evaluation by the trial court of the credibility of the witnesses is entitled to the highest respect and will not be disturbed on appeal unless certain facts of substance and value were overlooked which if considered might affect the result of the case. The court finds no reason to deviate from the foregoing rule. It was also proven by the prosecution that the successful elements of illegal sale of dangerous drugs was established namely; 1) The establishment of the identity of the buyer, the seller, the object and the consideration. 2) The delivery of the things sold and payment therefore. All of these elements are indeed established from the moment the buy bust was conducted.

The demand of money by the police as being used by Brainer in exchange of her freedom is just a standard defense of the accused. She however utterly failed to prove any ill motive on PO2 Gatdula’s part which would have spurred the police officer to falsely impute a serious crime against Brainer. She was not able also to present a clear and convincing evidence of frame up and extortion to overturn the presumption of PO2 Gatdula regularly performing his duty.