GR 114224; (April, 1996) (Digest)
G.R. Nos. 114224-25. April 26, 1996.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROLANDO LUA y NERI, accused-appellant.
FACTS
Accused-appellant Rolando Lua was convicted by the Regional Trial Court for violating the Dangerous Drugs Act ( R.A. No. 6425 ) and illegal possession of firearms (P.D. No. 1866). The prosecution’s evidence established that a buy-bust operation was conducted against Lua. A police officer, acting as a poseur-buyer, handed marked money to Lua in exchange for three tea bags of marijuana. Upon arrest, a .38 caliber “paltik” was found tucked in Lua’s waistline. A subsequent search inside his house, with his alleged consent, yielded a brick of marijuana. Lua denied the charges, claiming he was arbitrarily arrested while sleeping and that the evidence was planted.
ISSUE
The core issue is whether the prosecution proved the guilt of the accused beyond reasonable doubt for the crimes charged, particularly in light of the defense of frame-up and alleged irregularities in the arrest and seizure.
RULING
The Supreme Court modified the trial court’s decision. It acquitted Lua for the sale of marijuana under R.A. No. 6425 . The Court found the prosecution’s narrative of a consummated sale implausible, as it was unnatural for a drug pusher to immediately hand over the drugs after receiving payment without first inspecting the money. This created reasonable doubt. However, the Court sustained the conviction for illegal possession of firearms under P.D. No. 1866. The firearm was discovered in a valid search incidental to a lawful arrest, and the certification from the Firearms and Explosives Office confirmed Lua had no license. The defense of frame-up was rejected for lack of clear and convincing evidence of ill motive on the part of the arresting officers. Lua was sentenced to an indeterminate penalty for the firearms violation. The marijuana brick seized from his house was deemed inadmissible, as the prosecution failed to prove the validity of the consent for the warrantless search, leading to the acquittal on the drug charge.