GR 101338; (March, 1995) (Digest)
G.R. No. 101338 March 20, 1995
People of the Philippines, plaintiff-appellee, vs. Crisalito Tabarno y Agente and Luis Gocotano, accused-appellants.
FACTS
Accused-appellants Crisalito Tabarno and Luis Gocotano were convicted by the Regional Trial Court for selling six sticks of marijuana cigarettes in a buy-bust operation on January 3, 1990, in violation of the Dangerous Drugs Act. The prosecution evidence established that Sgt. Ricardo Inding acted as a poseur-buyer. Tabarno negotiated the sale and later returned with Gocotano, who supplied the marijuana. Upon payment, Inding gave the pre-arranged signal, leading to Tabarno’s arrest. Gocotano fled but was arrested months later. Both pleaded not guilty, with Gocotano interposing alibi and both claiming they were framed by the police.
ISSUE
The core issue is whether the guilt of accused-appellant Luis Gocotano was proven beyond reasonable doubt, and subsequently, what is the proper penalty to be imposed following amendments to the applicable law.
RULING
The Supreme Court affirmed Gocotano’s conviction but modified the penalty. The Court found the defense of frame-up and alibi unavailing against the positive identification by the NARCOM operatives, who were presumed to have performed their duties regularly. The detailed testimony of the buy-bust operation was credible, whereas the defenses were weak and uncorroborated. The trial judge’s active questioning did not indicate bias but was a legitimate effort to ascertain the truth.
On the penalty, the Court applied the retroactive effect of the more lenient provisions of Republic Act No. 7659 , which amended the Dangerous Drugs Act. Since the offense involved only six sticks of marijuana, a quantity not falling within the threshold for life imprisonment under the new law, the applicable penalty was reduced to prision correccional. Applying the Indeterminate Sentence Law, Gocotano was sentenced to an indeterminate penalty of six months of arresto mayor as minimum to two years and four months of prision correccional as maximum. As Gocotano had been detained since May 26, 1990, a period exceeding this maximum sentence, the Court ordered his immediate release.