G.R. No. 44727 - People vs. Pacubas

On August 7, 2000, two separate informations were filed against Ricardo Alunday before the Regional Trial Court (RTC) of Bontoc, Mountain Province, for violating:

Section 9 of Republic Act No. 6425 (The Dangerous Drugs Act of 1972) involving the planting and cultivation of marijuana.
Section 1 of Presidential Decree No. 1866 for illegal possession of firearms.

In Criminal Case No. 1528, Alunday was accused of unlawfully planting and cultivating marijuana fruiting tops weighing more than 750 grams at a 10-hectare plantation located at Mount Churyon, Betwagan, Sadanga, Mountain Province. The estimated value of the marijuana was Ten Million Pesos.
In Criminal Case No. 1529, Alunday was charged with possession of an unlicensed M16 rifle found inside a hut at the plantation site.

On November 22, 2000, Alunday pleaded not guilty to both charges, assisted by court-appointed counsel.
A joint trial followed, where the prosecution presented several police and forensic witnesses, while the defense presented Alunday and his relatives (aunt Wayto Alunday and daughter Linda Dalasnac) as witnesses.

The Police Intelligence Section received a confidential report around May 2000 of a marijuana plantation at Mount Churyon.
After validation through confidential informants, a 70-man police contingent was organized to carry out a raid named “Operation Banana.”
On August 3, 2000, at dawn, the police reached the plantation and saw Alunday cutting and gathering marijuana plants.
Police officers apprehended him and found a hut containing an old woman, the M16 rifle, and dried marijuana leaves.
The marijuana plants were uprooted and burned on site, while samples were sent to the PNP Crime Laboratory, which confirmed them positive for marijuana.

Alunday denied the charges, asserting he was at the location only to haul lumber and search for squash for breakfast.
He claimed ignorance of marijuana plants and denied owning or cultivating them.
Wayto Alunday and Linda Dalasnac corroborated his claim of being at the place for lumber gathering.
Alunday contested the legality of his arrest, asserting it was warrantless and unlawful.

On May 8, 2003, the RTC found Alunday guilty of violating Section 9 of RA 6425 and sentenced him to reclusion perpetua and fined him Five Hundred Thousand Pesos.
He was acquitted in the firearms possession case (Crim. Case No. 1529).

Alunday appealed the RTC decision.
The Court of Appeals (CA) affirmed the RTC’s Decision on October 9, 2007.
Alunday filed a Notice of Appeal to the Supreme Court, which remanded the case to the CA for appropriate proceedings regarding the penalty.
The Supreme Court conducted further review based on parties’ briefs and supplemental briefs.

Whether or not the prosecution established beyond reasonable doubt that accused-appellant Ricardo Alunday was guilty of violating Section 9, RA 6425 by planting and cultivating marijuana.
Whether or not the warrantless arrest of the accused was legal and valid under Section 5, Rule 113 of the 1985 Rules of Court.
Whether accused-appellant was denied due process by virtue of the alleged illegal or warrantless arrest.
Whether the trial court had jurisdiction over accused-appellant despite the alleged irregularity of his arrest.
Whether or not the defense's testimony and version of events should be given credence over the prosecution’s evidence.