Title
People vs. Acelajado
Case
G.R. No. L-66885
Decision Date
Feb 27, 1987
A man was convicted of selling marijuana after a buyer testified against him; his alibi was rejected due to lack of corroboration, and the court upheld the conviction.
A

Case Digest (G.R. No. L-66885)

Facts:

On or about 12:00 o’clock in the afternoon of November 30, 1982, in the Municipality of Siniloan, Province of Laguna, Reynaldo Acelajado was charged in the Regional Trial Court, Branch XXXIII, Fourth Judicial Region, Siniloan, Laguna, with the violation of Section 4 of RA 6425 as amended by PD No. 44, for allegedly selling three (3) sticks of marijuana cigarettes to Herminigildo Caraan for P10.00, without authority of law. At trial, Herminigildo Caraan testified that at around 11:00 o’clock in the morning of November 30, 1982, he went to a carinderia in front of the Caltex Station in Siniloan to take his lunch. While he was eating, Acelajado approached him and offered to sell marijuana; the transaction was completed when Caraan bought one plastic bag of marijuana for P10.00. After lunch, Caraan proceeded to the Relan Theater, rolled the marijuana contents in cigarette paper, and, soon thereafter, was frisked by Pat. Rolando Ambojia, who confiscated from him three (3) rolls of marijuana leaves. Caraan was brought to police headquarters where his statement was taken and where he pointed to Acelajado as the person from whom he had bought the marijuana leaves. In the same period, the three sticks of marijuana cigarettes confiscated from Caraan were sent to the National Bureau of Investigation (NBI) for analysis. Florencia M. Fajardo, a chemist of the NBI, confirmed that the specimens submitted were marijuana. Acelajado assigned as errors on appeal that the lower court erred in accepting Caraan’s confession as part of his testimony and in giving weight to Caraan’s testimony; that it erred in not accepting his alleged absence from Siniloan on November 30, 1982; and that it erred in not giving credence to the testimonies of Barangay Captain Felix Paz and Police Station Commander Bartolome Jameto. For his defense, Acelajado raised alibi, claiming he left Siniloan for Malabon, Metro Manila on November 29, 1982 and stayed with his aunt, Salvacion Mira, for one week, but he did not present Salvacion Mira to corroborate his testimony. The trial court convicted Acelajado and sentenced him to suffer reclusion perpetua and to pay a fine of twenty thousand pesos, and the judgment of conviction was appealed.

Issues:

Whether the trial court erred in convicting Reynaldo Acelajado for violation of Section 4 of RA 6425 as amended by PD No. 44, considering the alleged errors on the credibility and supposed corroboration failures of the prosecution witness, and the defense of alibi.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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