Title
People vs. De Luna
Case
G.R. No. 82180
Decision Date
Nov 8, 1989
A buy-bust operation led to Haide de Luna's arrest for marijuana possession, but the Supreme Court acquitted her, citing the prosecution's failure to present the poseur-buyer and crediting her defense of being framed for extortion.

Case Digest (G.R. No. 82180)

Facts:

People of the Philippines v. Haide De Luna, G.R. No. 82180, November 08, 1989, Supreme Court Second Division, Sarmiento, J., writing for the Court.

The accused-appellant, Haide de Luna (also known as "Mamay"), was charged by information with violating Section 4, Article II of R.A. No. 6425, as amended, for allegedly selling 13.97 grams of dried marijuana fruiting tops on June 13, 1987, in Pasig, and for surrendering on the same date a plastic bag containing one kilogram of dried marijuana fruiting tops. The trial court convicted her and imposed the penalty of life imprisonment.

At trial the prosecution presented several police witnesses from the Narcotics Regional Unit: Sgt. Vicente Jimenez (who narrated participation in the operation), T/Sgt. Jaime Raposas (team leader), Pfc. Adolfo Arcoy (who testified he marked a P50 bill), and a forensic chemist Nelly Cariaga (who testified that laboratory tests on the specimens were positive for marijuana). The prosecution attempted but failed to present the poseur-buyer, Sgt. Benjamin Basto, whose direct testimony the prosecution conceded would have been material.

De Luna testified in her own defense, denying sale of drugs and giving a different account: she said a man named Rodet (a purported family friend) left a white plastic bag and P600 in her boarding house; shortly thereafter seven armed men in plain clothes entered, handcuffed Rodet and then singled her out; she alleged she was detained, coerced to sign a receipt and was even extorted to raise money for release. Defense witnesses—Digna Perez, a boarder Elvis Elidad, and her son Albert Oca—corroborated her account that the white plastic bag had been brought by a third person and that plainclothes men barged in and took her away.

The trial court resolved the case against the accused, crediting the prosecution's version; on appeal the Supreme Court Second Division reviewed the record and reversed the conviction, acquitting De Luna. The opinion emphasizes credibility de...(Pro-only)

Issues:

  • Did the prosecution prove the accused's guilt beyond reasonable doubt under Section 4, Article II of R.A. No. 6425?
  • Should the trial court's credibility findings be upheld despite the absence of the poseur-buyer and the defense's alte...(Pro-only)

Ruling:

  • (Pro-only)

Ratio:

  • (Pro-only)

Doctrine:

  • (Pro-only)

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