Case Summary (G.R. No. 144494)
Charges and Penalty
Ferdinand Cercado was charged with violating Section 4, Article II of Republic Act No. 6425, as amended by Republic Act No. 7659, specifically for the illegal sale of one kilogram of marijuana. The Regional Trial Court (RTC) convicted him and sentenced him to reclusion perpetua and a fine of P1,000,000.00.
Facts of the Case
On the day of the incident, PO2 Edgar C. Torres, acting as a poseur-buyer, received information from a civilian informant that an individual known as "Alyas Imoka" (Cercado) was selling marijuana. A buy-bust operation was conducted where PO2 Torres, along with other officers, went to Cercado's house. After a wait of approximately four hours, Cercado delivered the marijuana and received the boodle money. Following a pre-arranged signal, police officers arrested Cercado and recovered both the marijuana and the boodle money.
Testimonies of Prosecution Witnesses
The prosecution presented testimonies from several police officers. PO2 Torres detailed the operation and confirmed the sale of marijuana. PO2 Teogenes N. Perez corroborated Torres' account of events, while P/Supt. Theresa Ann Bugayong-Cid conducted a forensic examination that confirmed the substance was marijuana. P/Sr. Inspector Christopher N. Abrahano also supported the testimonies, reinforcing that they recognized and arrested the accused immediately after the transaction.
Defense's Argument
Cercado testified that he was at home on the night of the incident when unidentified men forcibly entered his house, searched for marijuana, and later brought him outside where he was coerced into admitting possession. During cross-examination, he claimed the marijuana was planted by law enforcement.
Assigned Errors and Appeals
Cercado appealed the decision, raising two main issues: first, challenging the credibility of the prosecution's witnesses, asserting that the lack of presentation of the informant weakened the case; second, claiming that the prosecution failed to prove he had no legal authority to sell drugs.
Ruling and Legal Analysis
The appellate court affirmed the decision of the RTC, ruling that the testimonies of the prosecution witnesses were credible and reliable. It emphasized that the absence of the confidential informant did not invalidate the transaction evidence presented. The prosecution sufficiently established that a sale took place, and Cercado's arguments concerning reasonable doubt were dismissed.
On the issue of legal authority to sell mari
...continue readingCase Syllabus (G.R. No. 144494)
Case Overview
- The case involves an appeal by Ferdinand Cercado y Mozada, who was found guilty by the Regional Trial Court of Urdaneta, Pangasinan, for selling a prohibited drug, specifically one kilo of marijuana.
- The offense took place on November 5, 1999, with the appellant being sentenced to life imprisonment (Reclusion Perpetua) and fined One Million Pesos (₱1,000,000.00).
- The conviction was based on a buy-bust operation conducted by the Philippine National Police Narcotics Group.
Facts of the Case
- On November 5, 1999, a confidential informant reported to PO2 Edgar C. Torres about the possibility of purchasing one kilo of marijuana from an individual identified as "Alyas Imoka," who was later confirmed to be the appellant.
- A buy-bust operation was coordinated, where PO2 Torres acted as the poseur-buyer.
- At around 5:00 PM, the police team proceeded to the appellant's residence, but the appellant did not arrive until approximately 9:00 PM, during which time the police waited.
- Upon the appellant’s arrival, the sale was made, and after confirming the substance was marijuana, the police arrested him based on a pre-arranged signal.
Testimonies Presented
PO2 Edgar C. Torres:
- Detailed the events of the buy-bust operation and confirmed the transaction.
- Identified the marijuana and the boodle money recovered from the appellant.
PO2 Teogenes N. Perez:
- Served as a backup officer, corroborating Torres' testimony and confirming the pre-arranged signal.
P/Supt. Theresa Ann Bugayong-Cid:
- Conducted a forensic examination of the confiscated