Case Digest (G.R. No. 97949)
Facts:
- Armando Gireng y Pinto, also known as "Mandy," was charged with violating the Dangerous Drugs Act for the illegal sale of marijuana.
- The incident occurred on May 24, 1989, in Cabanatuan City.
- Philippine Constabulary (PC) soldier Romeo de Jesus received information from a confidential informant about a suspected drug pusher in DS Garcia, Cabanatuan City.
- A buy-bust operation was planned, with Sgt. Teofilo Solis designated as the poseur-buyer.
- De Jesus gave Sgt. Solis two marked P10 bills, and they proceeded to the suspect's house.
- Appellant Gireng handed four plastic tea bags of marijuana to Sgt. Solis in exchange for the marked bills.
- De Jesus then approached Gireng, identified himself as a NARCOM agent, and arrested him.
- The marked bills were recovered from Gireng's pocket, and the marijuana was found in Sgt. Solis's possession.
- The confiscated items were examined and tested positive for marijuana.
Issue:
- (Unlock)
Ruling:
- The court ruled that the prosecution has proven Gireng's guilt beyond reasonable doubt.
- All the elements necessary for the offense of illegal sale of marijuana were established, including the identity of the buyer and seller, the object and consideration of the sale, and the delivery of the marijuana and payment.
- The testimony of de Jesus, the PC soldier who witnessed the transaction, was deemed credible and sufficient to establish the sale.
- The testimony of the poseur-buyer or confidential informant was not necessary, as de Jesus's testimony was already conclusive.
- The absence of marked money does not create a gap in the evidence as long as the sale is adequately proven.
- The omission to present...(Unlock)
Ratio:
- The submission of proof of the sale of the illicit drug and the presentation of the corpus delicti are indispensable in every prosecution for illegal sale of marijuana.
- The court recognized the need for entrapment procedures in anti-narcotics operations and the possibility of abuse.
- No evidence was f...continue reading
Case Digest (G.R. No. 97949)
Facts:
The case of People v. Gireng y Pinto involves the illegal sale of marijuana. The defendant, Armando Gireng, was charged with violating Sec. 4, Art. II of R.A. 6425, as amended. On May 24, 1989, a buy-bust operation was conducted by Philippine Constabulary (PC) soldier Romeo de Jesus and Sgt. Teofilo Solis. De Jesus acted as the backup while Solis posed as the buyer. The transaction took place at the house of the defendant, where Gireng handed four plastic tea bags of marijuana to Solis in exchange for two marked P10 bills. De Jesus witnessed the transaction from a distance and approached Gireng after the deal was completed. The marked bills were recovered from Gireng's pocket, and the marijuana was found in Solis' possession. The confiscated items were tested positive for marijuana in the laboratory examination.
Issue:
The main issue raised by the defendant is the lack of sufficient evidence to prove the sale of marijuana.
Ruling:
The court ruled that the prosecution has established all the necessary elements for the offense of illegal sale of marijuana. The court found that the prosecution was able to prove the identity of the buyer and seller, the object and consideration of the sale, and the delivery of the marijuana and payment. The court held that the testimony of the poseur-buyer or confidential informant was not necessary since de Jesus witnessed the transaction and positively identified Gireng as the seller. The court also noted that the absence of marked money does not create a gap in the evidence as long as the sale is adequately proven. The court further stated that the omission to present the person who issued the certificate of f...