Facts:

The case involves Carlito de Jesus, also known as "Carling," who was convicted by the Regional Trial Court, Branch 124 in Caloocan City for violating the Dangerous Drugs Act of 1972, specifically Section 4 and Section 8 of Republic Act No. 6425. The events transpired on January 17, 1984, when de Jesus was apprehended during an anti-narcotics operation in the Bisig Ng Nayon area, known for drug trafficking. At approximately 1:00 PM, he was caught selling five sticks of marijuana cigarettes to Police Officer Jesus Nadonga, who was acting as a poseur buyer for the transaction worth P10.00. Following this, a search revealed that de Jesus was in possession of an additional 32 sticks of marijuana cigarettes. The marijuana was subsequently examined by the National Bureau of Investigation's forensic chemistry unit and confirmed to be marijuana. During the inquest, de Jesus admitted to the crime and provided a statement acknowledging his actions.

In his defense, de Je...

Facts:

1. Background of the Case:

• Carlito de Jesus (alias "Carling") was convicted by the Regional Trial Court, Branch 124 in Caloocan City, in two criminal cases:
  • Criminal Case No. C-21861: Violation of Section 4 of Republic Act No. 6425 (Dangerous Drugs Act of 1972, as amended) for selling five sticks of marijuana cigarettes to a poseur buyer, Pat. Jesus Nadonga, for P10.00.
  • Criminal Case No. C-21862: Violation of Section 8 of the same Act for possessing 32 sticks of marijuana cigarettes.

2. Prosecution’s Evidence:

• The prosecution presented evidence that on January 17, 1984, the Caloocan City Police conducted an anti-narcotics operation in the Bisig Ng Nayon area.
• Carlito de Jesus was apprehended after selling five sticks of marijuana to Pat. Jesus Nadonga, who acted as a poseur buyer.
• Upon frisking, 32 additional sticks of marijuana were found in his possession.
• The marijuana sticks were confirmed to be marijuana by the National Bureau of Investigation (NBI) forensic chemistry unit.
• De Jesus allegedly confessed to the crime during custodial investigation.

3. Defense’s Evidence:

• De Jesus claimed that he had a tooth extraction on the day of his arrest and was resting at home, making it impossible for him to commit the crimes.
• He denied giving a statement to the police and alleged that he was coerced into signing a prepared confession.
• He also claimed that he was beaten by the police, but no evidence of injuries was presented.

Issue:

• (Unlock)

Ruling:

• (Unlock)

Ratio:

1. Absorption of Possession in Sale of Prohibited Drugs: The Court ruled that possession of prohibited drugs is an inherent element of the crime of selling them. Therefore, the offense of possession is absorbed in the offense of selling, and separate penalties for both offenses are unnecessary and redundant.

2. Sufficiency of Evidence: The Court emphasized that positive identification by a prosecution witness (in this case, Pat. Jesus Nadonga) outweighs the accused’s denial and alibi. The defense’s claim of coercion and lack of injuries was not supported by evidence, and the prosecution’s evidence met the standard of moral certainty required for conviction.

3. Credibility of Witnesses: The Court reiterated the well-established rule that the trial court’s assessment of witness credibility is entitled to the highest degree of respect, as the trial court is in the best position to observe the demeanor and manner of testifying of the witnesses.

4. Disregard of Extrajudicial Confession: The Court held that an extrajudicial confession obtained without proper compliance with the accused’s constitutional rights (right to silence and right to counsel) is inadmissible. However, the conviction was sustained based on other sufficient evidence.

Final Disposition

• The Supreme Court AFFIRMED the judgment in Criminal Case No. C-21861 (sale of prohibited drugs) but REVERSED and SET ASIDE the judgment in Criminal Case No. C-21862 (possession of prohibited drugs).