Title
Espano vs. Court of Appeals
Case
G.R. No. 120431
Decision Date
Apr 1, 1998
Police arrested Rodolfo Espano for selling marijuana; two bags seized during arrest were admissible, but ten found in his home were excluded due to lack of a warrant. Conviction upheld, penalty modified.
A

Case Digest (G.R. No. L-13246)

Facts:

  • Parties and Procedural Posture
    • Accused-Petitioner Rodolfo Espano was charged under Republic Act No. 6425, as amended (Dangerous Drugs Act), for possession of twelve plastic cellophane bags containing 5.5 grams of marijuana on July 14, 1991, in Manila.
    • The Regional Trial Court (RTC) of Manila, Branch 1, convicted him on August 14, 1992, sentencing him to 6 years and 1 day to 12 years imprisonment and a ₱6,000 fine; the Court of Appeals (CA) affirmed the conviction in CA-G.R. CR No. 13976 on January 16, 1995.
  • Prosecution Evidence
    • Patrolman Romeo Pagilagan and a buy-bust team observed Espano allegedly selling marijuana in Zamora and Pandacan Streets at about 12:30 a.m.; after the buyer left, they frisked him and seized two cellophane tea bags, then recovered ten more bags at his residence.
    • Forensic Chemist Annabelle Alip tested the specimens and confirmed positive identification of marijuana, total weight 5.5 grams.
  • Defense Evidence
    • Espano testified that he was asleep at home when police, purportedly seeking his brother-in-law, handcuffed and brought him to the station; he denied knowledge of drugs.
    • His wife, Myrna, corroborated that he was at home and that the police framed him.
  • Lower Courts’ Decisions
    • The RTC found the prosecution witnesses credible, rejected the alibi and frame-up defense as afterthoughts, and declared the marijuana forfeited to the government.
    • The CA affirmed in toto the conviction, leading to this Supreme Court petition for review.

Issues:

  • Whether the marijuana seized from petitioner's person and residence was admissible in evidence.
  • Whether the presumption of innocence outweighs the presumption of regularity in police performance.
  • Whether petitioner’s constitutional rights to confrontation and compulsory process were violated.
  • Whether the prosecution’s evidence was improperly identified or irrelevant.
  • Whether failure to present the informant creates reasonable doubt.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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