CA upholds man's conviction for drugs

CEBU, Philippines – The Court of Appeals 18th Division has affirmed the conviction of a man for selling dangerous drugs and illegal possession of drug paraphernalia and dangerous drugs.

Associate Justice Gabriel Ingles denied the appeal filed by Arvin Dullano, a resident of Barangay Calamba, Cebu City, for violations of Sections 5, 12 and 11, Article II of Republic Act 9165, otherwise known as Comprehensive Dangerous Drugs Act of 2002.

"In sum, proof beyond reasonable doubt, as found by the Regional Trial Court was established against accused-appellant. Finding no showing that certain facts of relevance and substance bearing on the elements of the crime have been overlooked, misapprehended, or misapplied, we find no cogent reason to overturn the trial court's judgment," the decision read.

Dullano appealed his conviction in 2007 when the trial court convicted and sentenced him for life imprisonment, plus a fine of half million for selling dangerous drugs; 12 to 14 years imprisonment, plus a fine of P300,000 for illegal possession of dangerous drugs; and six months to one year plus a fine of P10,000 for illegal possession of drug paraphernalia.

He alleged that the trial court erred in convicting him despite the failure of the prosecution to prove his guilt beyond reasonable doubt.

Ingles, however, ruled in favor of the prosecution. He said the prosecution was able to prove the guilt of Dullano.

"The prosecution proved all the elements of the illegal sale of shabu:  identity of the buyer and seller, the object of the sale and the consideration; and the delivery of the thing sold and its payment. Notably, accused-appellant was convicted by the court a quo on the basis of the evidence resulting from the buy-bust operation undertaken by police operatives," the decision read.

It added that the prosecution was likewise able to prove the accused-appellant's possession of dangerous drugs and drug paraphernalia.

The buy-bust operation was conducted on May 27, 2004. Reportedly, the police officers acted on the report that Dullano was engaged in illegal activities.

The police were able to seize three sachets of shabu and eight pieces of drug paraphernalia.

Accused-appellant denied the accusations.

He said on the said date, he met three persons who asked for guidance going to market where shabu was sold. He said he accompanied them to Jeffrey and purchased shabu.

However, he said the three persons turned out to be police officers and arrested him after Jeffrey fled.