G.R. No. L-59378 - People vs. Nicandro y Velarma

The accused-appellant, Nelia Nicandro y Velarma, was charged for violation of Section 4, Article II, in relation to Section 2(e), (f), (l), (m), and (o), Article I, of Republic Act No. 6425, as amended (Dangerous Drugs Act).
The charge alleged that on or about November 6, 1981, in the City of Manila, Velarma, not authorized by law, willfully, unlawfully, and knowingly sold or offered for sale prohibited drugs consisting of four (4) sticks of marijuana cigarettes, marijuana flowering tops wrapped in a piece of newspaper, one (1) roach marijuana cigarette, and marijuana seeds and ashes contained in a white plastic bag.

Prior to the alleged sale, the Drug Enforcement Unit of Police Station No. 5, Western Police District, Manila, received complaints from citizens about the illegal sale of prohibited drugs by an individual known as "Nel" in the Commodore Pension House in Ermita, Manila.
Reports indicated rampant use of prohibited drugs in the vicinity.
Detectives Corporal Salvador Guitan and Patrolman Romeo Joves placed the area under surveillance for about a week.
Upon verification of the complaints, an entrapment operation was arranged with a confidential informant acting as buyer.

At around 9:00 p.m., the police were alerted that the drug pusher ("Nel") was at room 301 of the Commodore Pension House selling marijuana to drug users.
Cpl. Guitan, Pat. Proceso Federes, Pat. Aurora Gomez, and Pfc. Joves met the female confidential informant at the corner of Arquiza Street and M.H. del Pilar Street and gave her two marked P5.00 bills as money for purchase.
The informant proceeded to room 301, knocked, and was admitted by accused Velarma.
Velarma accepted the money and delivered four (4) sticks of marijuana cigarettes to the informant.
The police immediately arrested Velarma, frisking her and finding the marked money in her right front pants pocket and marijuana flowering tops wrapped in a newspaper in her left pocket.
Velarma attempted to escape into her rented room but was quickly apprehended.

After being apprised of her constitutional rights, Velarma orally admitted to selling the marijuana sticks and owning the marijuana tops but refused to put the confession in writing.

Patrolman Romeo Joves testified as the main eyewitness, claiming to have seen Velarma sell the marijuana cigarettes to the confidential informant.
Joves testified that the transaction took place secretly despite other persons passing by the area.
He admitted some inconsistencies in his testimony regarding what the item handed over was (initially one small plastic bag, later corrected to four sticks of marijuana cigarettes).
Other police officers present did not witness the actual sale.
The confidential informant was not presented to testify.
Velarma’s verbal admission during custodial investigation, as narrated by Pat. Joves, was relied upon by the prosecution.

The Court of First Instance convicted Velarma of violating the Dangerous Drugs Act and sentenced her to reclusion perpetua and a fine of P20,000.

Whether the Court of First Instance erred in convicting Velarma for violation of Republic Act 6425, given the inconsistencies in prosecution evidence.
Whether the trial court wrongly admitted the testimonies of police officers that amounted to hearsay.
Whether the prosecution evidence, specifically the alleged admission during custodial investigation, was obtained in violation of Velarma’s constitutional rights, especially regarding the right to counsel and protection against self-incrimination.
Whether Velarma’s constitutional rights to confrontation and cross-examination of witnesses were violated.