G.R. No. 83888 June 30, 1989
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSE QUINTANA y CALIMAG and JOHN DOE, accused-appellants.

FACTS

The accused, Jose Quintana, was charged with violating the Dangerous Drugs Act for allegedly selling 100 grams of dried marijuana leaves. The prosecution’s case rested on a buy-bust operation conducted by NARCOM agents in Bacoor, Cavite. The agents testified that they received a tip, and during the operation, Pat. Alcantara, accompanied by an informer, transacted with Quintana. Upon a pre-arranged signal, the team arrested Quintana and confiscated the marijuana and a marked P100 bill. The seized items were later examined by the NBI.
Quintana presented a starkly different version. He denied being a drug pusher and claimed the buy-bust never occurred. He testified that he was merely a bystander when the agents, who were chasing other individuals, suddenly grabbed him, falsely accused him of owning marijuana, and brought him to headquarters. There, he was forced to sign blank papers, including a receipt for the marijuana. He further alleged that Pat. Alcantara demanded P6,000 for his release, which he could not pay, leading to his prosecution. His testimony was corroborated by a fellow tricycle driver and a barangay certification attesting to his good character.

ISSUE

Whether the guilt of the accused-appellant, Jose Quintana, for the sale of marijuana was proven beyond reasonable doubt.

RULING

The Supreme Court reversed the trial court’s decision and acquitted Quintana. The Court found that the prosecution failed to overcome the constitutional presumption of innocence. Critically, the evidence revealed a case of instigation, not permissible entrapment. The testimonies of the NARCOM agents themselves, particularly Pat. Alcantara, established that he requested Quintana to buy marijuana for him. This inducement made the agents co-principals in the commission of the offense, as instigation occurs when law enforcers implant the criminal idea in the mind of the accused. Entrapment, which is legal, involves merely providing an opportunity to commit a crime to one already predisposed to do so.
Furthermore, the Court noted serious inconsistencies in the prosecution’s evidence. The marijuana allegedly seized weighed 100 grams, but the NBI forensic report stated the specimen submitted weighed only 55.80 grams, creating doubt about the integrity of the evidence. The receipt for the marijuana, signed by Quintana, was inadmissible as it was obtained while he was under custodial investigation without the assistance of counsel, in violation of his constitutional rights. The Solicitor General also joined the defense in seeking acquittal, conceding that guilt was not proven beyond reasonable doubt. The trial court erred in relying on the presumption of regularity in the performance of official duty over the fundamental presumption of innocence. The appeal was granted, and Jose Quintana was ordered immediately released.