Case Digest (G.R. No. 96177)
Facts:
In People of the Philippines v. Mari Musa y Hantatalu (G.R. No. 96177, January 27, 1993), the Regional Trial Court of Zamboanga City, Branch XII, convicted appellant Mari Musa for selling marijuana under Article II, Section 4 of Republic Act No. 6425, as amended (the Dangerous Drugs Act of 1972). The information, filed December 15, 1989, alleged that on December 14, 1989, in Suterville, Zamboanga City, the accused unlawfully sold two newspaper-wrapped bundles of dried marijuana leaves to Sgt. Amado Ani Jr., a poseur-buyer of the 9th Narcotics Command (NARCOM). Upon arraignment on January 11, 1990, Musa pleaded not guilty. At trial, the prosecution called three witnesses—the poseur-buyer, his team leader T/Sgt. Jesus Belarga, and a forensic chemist who examined the seized specimens. The defense presented the accused and his wife, Ahara Musa, who testified that NARCOM agents entered their home without a warrant, coerced a confession, and planted evidence. The trial court found theCase Digest (G.R. No. 96177)
Facts:
- Parties and charge
- The People of the Philippines charged Mari Musa y Hantatalu with selling marijuana in violation of Article II, Section 4 of R.A. No. 6425.
- Information filed December 15, 1989; arraigned January 11, 1990; appellant pleaded not guilty.
- Prosecution evidence
- Test-buy (December 13, 1989): Sgt. Amado Ani purchased one wrapper of dried marijuana from appellant at Suterville, Zamboanga City, for ₱10.00.
- Buy-bust (December 14, 1989, ~1:30 P.M.):
- Ani acted as poseur-buyer with a marked ₱20 bill (SN GA955883) issued by T/Sgt. Jesus Belarga.
- Ani approached appellant’s house; handed marked money; received two newspaper-wrapped parcels of marijuana; signaled arrest.
- NARCOM team arrested appellant, frisked him (no marked money found), then searched the kitchen and seized a plastic bag of dried marijuana.
- Evidence handling:
- All specimens turned over to PC Crime Laboratory via dated letter-request; received same day.
- Forensic Chemist Athena Anderson tested and positively identified all specimens as marijuana.
- Defense evidence
- Appellant’s version:
- Three NARCOM agents entered his open house without warrant; conducted warrantless search.
- He denied selling marijuana; claimed plastic bag belonged to relatives; alleged physical coercion and improper interrogation without counsel.
- Wife’s testimony corroborated ownership claim of plastic bag and absence of sale.
- Trial court decision
- Found appellant guilty beyond reasonable doubt; credited poseur-buyer and team leader’s testimonies.
- Sentenced to life imprisonment and fined ₱20,000 (no subsidiary imprisonment).
- Appeal to the Supreme Court
- Appellant challenged:
- Credibility of poseur-buyer (Ani) and team leader (Belarga).
- Admissibility of plastic bag evidence under constitutional search-and-seizure guarantees.
Issues:
- Credibility and sufficiency of prosecution witnesses’ testimony to prove sale beyond reasonable doubt.
- Validity of warrantless seizure of plastic bag containing marijuana under the plain-view doctrine or as search incident to lawful arrest.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)