G.R. No. 109250 September 5, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NORIEL LACERNA y CORDERO & MARLON LACERNA y ARANADOR, accused. MARLON LACERNA y ARANADOR, accused-appellant.

FACTS

On September 12, 1992, police officers manning a checkpoint in Manila stopped a taxicab carrying appellant Marlon Lacerna and his co-accused, Noriel Lacerna. The officers found the occupants’ behavior suspicious. Upon obtaining consent to search, they discovered a plastic bag containing several blocks wrapped in newspaper. After making a hole in the bag, an officer smelled marijuana and saw dried leaves. The bag contained eighteen blocks of marijuana flowering tops weighing 18.235 kilograms. The accused claimed the bag was a “padala” (something to be delivered) from their uncle in Baguio, destined for Iloilo. They were arrested and charged with violating Section 4 of R.A. No. 6425 (The Dangerous Drugs Act), for selling, delivering, or giving away prohibited drugs.
The Regional Trial Court convicted Marlon Lacerna of the crime charged and sentenced him to life imprisonment. His co-accused was acquitted for lack of evidence. Appellant appealed, arguing his acts did not constitute “giving away” under Section 4. He admitted possession of the drugs for the purpose of delivering them to Iloilo as instructed by his uncle but contended this did not equate to the criminal act of “giving away” as defined by law.

ISSUE

Whether appellant Marlon Lacerna can be convicted of the crime charged, despite his claim that his admitted acts do not constitute “giving away” of prohibited drugs under Section 4 of R.A. No. 6425.

RULING

Yes, but for a different offense. The Supreme Court affirmed the conviction but modified the offense. The Court held that while the appellant’s acts may not sufficiently constitute “giving away” as penalized under Section 4, they undoubtedly constitute the crime of illegal possession of prohibited drugs under Section 8 of the same law. The Information alleged acts of selling, delivering, or giving away marijuana. Illegal possession is a lesser offense necessarily included in the crime of selling, delivering, or giving away a prohibited drug. One cannot sell, deliver, or give away something without first having possession of it. Therefore, a conviction for the included offense is permissible under the allegations.
The Court found the elements of illegal possession were established: (1) the appellant was in possession of the prohibited drug; (2) such possession was not authorized by law; and (3) he freely and consciously possessed the drug. His own admission that he was transporting the marijuana as a “padala” for his uncle confirmed his conscious and deliberate possession of the large quantity of drugs. The defense of lack of knowledge was untenable given the volume and the distinct smell of marijuana. The Court thus found him guilty beyond reasonable doubt of illegal possession of marijuana, modifying the penalty from life imprisonment to an indeterminate sentence of six years and one day to twelve years, and a fine, as prescribed by the applicable law at the time of the offense.