G.R. No. 110983. March 8, 1996.
REYNALDO GARCIA, AARON DE LA ROSA, SAM CASTOR and ROLLY DAMOS, petitioners, vs. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES, respondents.

FACTS

Petitioners were charged with holding a “pot session” under the Dangerous Drugs Act. Police officers testified that on March 27, 1990, in Kalookan City, they observed petitioners passing a lighted cigarette among themselves. Upon approaching, the officers smelled burning marijuana and confiscated the cigarette from Reynaldo Garcia. Forensic analysis confirmed the cigarette contained marijuana. The original charge under Section 27 (Pot Session) was amended during trial to the lesser offense of illegal use and possession of a dangerous drug under Section 8, Article II of R.A. No. 6425, with the conformity of the defense, as only four persons were charged, not the minimum of five required for a “pot session.”
The Regional Trial Court convicted petitioners under Section 8, imposing a straight penalty of six years and one day. The Court of Appeals affirmed the conviction but modified the penalty to an indeterminate sentence of six years and one day as minimum to seven years as maximum. Petitioners sought review, challenging the credibility of the prosecution witnesses and the weight given to their evidence.

ISSUE

Whether the Court of Appeals erred in affirming the conviction and in applying the Indeterminate Sentence Law to the penalty.

RULING

The Supreme Court denied the petition and affirmed the Court of Appeals’ decision. On factual findings, the Court reiterated the settled rule that the trial court’s factual determinations, especially when affirmed by the Court of Appeals, are accorded the highest respect and are generally binding absent any clear showing of arbitrariness. The defense of denial could not prevail over the positive and credible testimonies of the police officers, who had no motive to falsely testify, and the corroborating physical evidence.
On the penalty, the Court applied the doctrine in People vs. Simon, which harmonized the Dangerous Drugs Act with the Indeterminate Sentence Law. For violation of Section 8 involving less than 750 grams of marijuana, the penalty is prision correcional. Since the marijuana here weighed only 0.2608 grams, the prescribed penalty is within the range of prision correcional. Applying the Indeterminate Sentence Law, the minimum is within the range of the penalty next lower in degree, which is arresto mayor. Therefore, the Court further modified the indeterminate penalty imposed by the Court of Appeals to four months of arresto mayor as minimum to four years and two months of prision correcional as maximum. The fine imposed by the trial court was deleted, as it is not a conjunctive penalty for this offense under the Simon ruling.