Appellant Manolito Opiana was charged with the crimes of violations of Section 5 (sale of illegal drugs; 0.05 gram) and Section 11 (possession of dangerous drugs; 0.74 gram) of R.A. 9165 in a buy-bust operation on appellant who was reportedly engaged in illegal drug trade. Appellant was apprehended and when bodily frisked, 19 heat-sealed sachets were recovered from his possession. Laboratory examination revealed that all 20 heat-sealed sachets yielded positive results for shabu.
Appellant was convicted by the trial court.
Aggrieved, appellant appealed to the CA. The appeal was denied and the tria court’s Decision was affirmed.
Whether or not appellant was correctly found guilty beyond reasonable doubt of violations of Sections 5 and 11, Article II of RA 9165.
For the violation of Section 5, the prosecution satisfactorily established the following elements:
(1) the identity of the buyer and the seller, the object and the consideration; and
(2) the delivery of the thing sold and the payment therefor.
What is material in a prosecution for illegal sale of dangerous drugs is the proof that the transaction or sale actually took place, coupled with the presentation in court of the corpus delicti or the illicit drug in evidence.
Similarly, the prosecution satisfactorily established the following elements for the illegal possession of dangerous drugs in violation of Section 11, to wit:
- appellant was shown to have been in possession of 0.74 gram of shabu, a prohibited drug;
- his possession was not authorized by law; and
- that he freely and consciously possessed the said illegal drug.
Appellant Manolito Opiana is hereby found guilty beyond reasonable doubt of the crime of violations of Sections 5 and 11, Article II of Republic Act No. 9165.