Case Digest (G.R. No. 138501)
Facts:
People of the Philippines v. Ernesto Laxa y Manliclic, @ Janggo and Marlynda Laxa y Aquino, G.R. No. 138501, July 20, 2001, Supreme Court Second Division, Mendoza, J., writing for the Court.The information charged accused-appellant Ernesto Laxa (also spelled Lacsa, and known as “Jangco”/“Janggo”) and co-accused Marlynda Laxa with unlawful possession of marijuana in violation of Art. II, 8 of R.A. No. 6425, as amended by R.A. No. 7659. The complaint alleged that on November 30, 1998 in Angeles City the accused persons, conspiring together, possessed approximately 8,807.10 grams of dried marijuana fruiting tops in various plastic bags.
The case arose from an anti-narcotics operation of the Angeles City Anti-Crime Task Force and a member of the Citizens Crime Watch. The buy-bust/entrapment resulted in the arrest of Edna Ocampo and Jocelyn Aquino, who reportedly pointed out several houses — including appellant’s near his lumberyard — as sources of marijuana. Police witnesses (PO2 Jerry Espadera, Arthur Tanjuakio of the Citizens Crime Watch, PO2 Hersologo Trivinio, and PO1 Narciso Pangilinan) testified that they saw appellant throw plastic bags over a fence, thereafter recovered multiple bags allegedly containing marijuana, and brought the accused to Camp Tomas Pepito where PO2 Espadera marked the confiscated items.
The defense witnesses (including appellant, his wife Marlynda Laxa, and neighbors) denied that appellant was caught in possession; they testified police searched the premises, found nothing, took appellant to Camp Tomas Pepito for questioning with the assurance he would be released, and that a civilian named Rey Malig later arrived at the station and turned over the bags allegedly recovered from the lumberyard.
The Regional Trial Court, Branch 59, Angeles City, rendered judgment on April 29, 1999: it acquitted Marlynda Laxa but found Ernesto Laxa guilty of illegal possession of 8,800 grams of marijuana and sen...(Subscriber-Only)
Issues:
- Did the lower court err in accepting and relying on the testimony of the prosecution witnesses, particularly Arthur Tanjuakio, given alleged inconsistencies and contradictions?
- Was Ernesto Laxa proven guilty beyond reasonable doubt of illegal posse...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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