G.R. No. 111550 November 14, 1994
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JULIO MANAHAN, accused-appellant.

FACTS

An Information was filed against accused-appellant Julio Manahan for violation of Section 4, Article II of Republic Act No. 6425 (Dangerous Drugs Act of 1972), as amended, for selling 5.13 grams of marijuana fruiting tops to a poseur-buyer for P20.00 on May 28, 1989, in San Mateo, Rizal. The prosecution evidence established that a police team conducted a buy-bust operation. Pfc. Manuel Alberto, acting as the poseur-buyer, gave marked money to Manahan, who then went inside his house and returned to hand over two sticks of marijuana. Upon the pre-arranged signal, the team arrested Manahan and recovered the marked money. The defense presented a different version, claiming that policemen forcibly entered Manahan’s house, handcuffed him, and searched his bedroom without a warrant, and that the marijuana was planted. The Regional Trial Court convicted Manahan, sentencing him to 14 years, 8 months, and 1 day to 17 years and 4 months imprisonment and a P12,000 fine. On appeal, the Court of Appeals affirmed the conviction but modified the penalty to life imprisonment and a P25,000 fine, certifying the case to the Supreme Court due to the penalty imposed.

ISSUE

Whether the Court of Appeals gravely erred in convicting accused-appellant and modifying the penalty to life imprisonment despite alleged weak and incredible testimonies of prosecution witnesses.

RULING

The Supreme Court affirmed the conviction but modified the penalty. It held that the trial court’s findings on the credibility of witnesses are accorded great weight, and the alleged inconsistencies in the testimonies of prosecution witnesses (e.g., who contacted Manahan, the sequence of the exchange, the source of marked money) were minor and did not detract from the established fact of the sale. The positive identification of Manahan and the presumption of regular performance of duty by the police officers prevailed. However, applying Republic Act No. 7659 , which amended the penalties under the Dangerous Drugs Act, the Court ruled that for the sale of 5.13 grams of marijuana (less than the 750-gram threshold specified in the law), the maximum penalty is prision correccional in its medium period. Applying the Indeterminate Sentence Law, the Supreme Court modified the penalty to imprisonment from six (6) months of arresto mayor, as minimum, to two (2) years and four (4) months of prision correccional, as maximum, and deleted the fine.