Conviction of 2 pushers upheld

CEBU, Philippines - The Supreme Court has affirmed the conviction of two drug pushers, who were arrested inside a motel in Cebu City, for selling shabu.

Associate Justice Noel Gimenez Tijam found no convincing reason to reverse the judgment of the lower courts finding Richard Tripoli and Romulo Impas guilty beyond reasonable doubt for violating Section 5, Article II of Republic Act 9165 or the Comprehensive Dangerous Drugs Act.

"We find no merit in the appeal," he ruled, adding the essential elements for illegal sale of shabu – the identities of buyer, the object of sale, the consideration, and the delivery of the thing sold, and the payment for the thing were present in the case.

Tripoli and Impas earlier appealed their convictions before the highest court. They claimed the prosecution failed to prove their guilt beyond reasonable doubt because the informant was not presented in court and the chain of custody of evidence was not established.

Representing the lower courts, the Office of the Solicitor General countered that the presentation of the informant leading to the arrest of Tripoli and Impas was not a requisite for the prosecution of drug cases. What was important was the preservation of the integrity of evidence seized, the OSG added.

Tripoli and Impas were arrested on January 27, 2003 around 1 a.m. inside a motel where the transaction took place.

Prior to the operation the police received information about the illegal activities of accused-appellants. Acting on the information, a buy-bust operation was conducted.

In his defense, Tripoli said he worked as an asset for his former classmate, a policeman. He was told to join the buy-bust operation against a certain “Erwin.” However, it turned out that he and Impas were arrested instead.

Impas corroborated the statements of Tripoli.

The Regional Trial Court convicted Tripoli and Impas and sentenced them to life imprisonment and a fine of P500,000, which was affirmed by the Court of Appeals. —/BRP (FREEMAN)