Case Digest (G.R. No. 91159)
Facts:
People of the Philippines v. Larry Francisco y Aquino, G.R. No. 91159, September 11, 1992, Supreme Court Third Division, Davide, Jr., J., writing for the Court. The prosecution charged Larry Francisco y Aquino before the Regional Trial Court (RTC) of Valenzuela with violation of Section 4, Article II of R.A. No. 6425 (Dangerous Drugs Act of 1972, as amended) for allegedly selling five rolled marijuana cigarettes on or about 20 September 1987. The case was docketed as Criminal Case No. 8280‑V‑87.At arraignment on 7 October 1987, appellant pleaded not guilty. At trial the prosecution presented NBI Forensic Chemist Resurreccion Ramos Bajado (who testified that the seized sticks tested positive for marijuana) and Patrolman Eduardo Fajardo, the arresting officer/poseur‑buyer. Appellant testified in his own defense, denying the sale and alleging that the marijuana was planted by Pat. Fajardo; he described being seized, struck, and brought to hospital.
On 4 November 1988 the RTC convicted appellant of selling five marijuana sticks and sentenced him to reclusion perpetua and a P20,000 fine. Appellant filed a notice of appeal on 4 December 1988. The trial court records were forwarded, erroneously, to the Court of Appeals, which transmitted them to the Supreme Court on 24 November 1989. On 19 March 1990 the Court resolved to accept the appeal. The appellant assigned as error the trial...(Subscriber-Only)
Issues:
- Did the trial court err in accrediting the testimony of the lone prosecution eyewitness, Patrolman Eduardo Fajardo, and in convicting appellant despite alleged inconsistencies and lack of corroboration?
- Was the penalty imposed by the trial court — reclusion perpetua — proper under Section 4, Article II of ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)