Case Digest (G.R. No. 88589)
Facts:
People of the Philippines v. Carlito Linsangan y Diaz, G.R. No. 88589, April 16, 1991, Supreme Court First Division, Grino-Aquino, J., writing for the Court. The plaintiff-appellee is the People of the Philippines; the accused-appellant is Carlito Linsangan y Diaz.In early November 1987, the Drug Enforcement Unit of Police Station No. 3, Western Police District, received information that a young male drug pusher was selling marijuana on Dinalupihan Street, Tondo, Manila. Police Lieutenant Manuel Caeg organized a buy‑bust operation for November 13, 1987. A prior test‑buy had indicated that buyers were obtaining marijuana in that area. Patrolman Tomasito Corpuz, together with a confidential informant, and other members of the unit including Patrolman Roberto Ruiz (team leader), Pfc. Eleazar Lahom and Patrolman Jesus Saulog conducted the operation in plain clothes using an owner‑type jeep.
On November 13, Corpuz (who had marked two P10 bills with his initials) and the informer approached the appellant, who was seated by the gutter. The informer signaled; the appellant walked toward them, went briefly into a wooden house and emerged with ten hand‑rolled marijuana cigarette sticks which he delivered to Corpuz after receiving P20 (two marked P10 bills). Corpuz immediately grabbed the appellant, announced the arrest, and Patrolman Ruiz and others converged and overpowered the appellant despite attempted resistance. A frisk produced the two marked P10 bills tucked in the appellant’s waist; the appellant allegedly initialed the marijuana sticks. The suspects and the exhibits were brought to the police station and the ten sticks were submitted to the NBI, which reported they were positive for marijuana.
An information dated November 13, 1987 charged the appellant with violation of Section 4 of Article II in relation to Section 21, Article IV of Republic Act No. 6425. At trial the appellant denied selling the marijuana, claimed an alibi that he was buying breakfast at about 10:30 a.m., and presented a barangay certification of good character. His neighbor testified that two men alighted from the jeep and introduced themselves as policemen before taking the appellant away. The trial court (Regional Trial Court, Branch XLIX, Manila, Criminal Case No. 87-58968‑SCC) found the prosecution witnesses credible, convicted the appellant of violating RA 6425 and sentenced him to reclusion perpetua and a P20,000 fine. The appellant appealed to this Court contesting (1) credibility and alleged ill‑feeling and inconsistencies in police testimony, (2) that the informer — not the appellant — handed the marijuana to the p...(Subscriber-Only)
Issues:
- Were the trial court’s credibility determinations regarding the police witnesses properly supported by the evidence?
- Did the prosecution fail to prove that the appellant himself handed the ten marijuana sticks to the police (i.e., was the informer the actual hander)?
- Was the marked money planted on the appellant so as to vitiate the prosecution’s case?
- Did requiring the appellant to initial the marked P10 bills without counsel violate his constitutional right to c...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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