G.R. No. 170837 ; September 12, 2006
THE PEOPLE OF THE PHILIPPINES, appellee, vs. DEXTER TORRES y DELA CRUZ, appellant.

FACTS

Appellant Dexter Torres was charged with illegal possession of 831.91 grams of marijuana and 0.26 grams of shabu. The charges stemmed from a search of his residence in Gonzaga, Cagayan, on August 13, 2001, conducted by a police team armed with a valid search warrant. The search, witnessed by barangay officials, yielded the said drugs from a wooden cabinet in the master’s bedroom. Forensic examination confirmed the substances were marijuana and methamphetamine hydrochloride.
The defense interposed denial and frame-up, claiming Torres was in Laoag City working at the time of the search. He asserted he had entrusted his house keys to his sister. The Regional Trial Court convicted Torres, imposing reclusion perpetua and a fine for the marijuana possession and an indeterminate penalty for the shabu possession. The Court of Appeals affirmed the conviction.

ISSUE

The core issue is whether the prosecution proved the elements of illegal possession of dangerous drugs beyond reasonable doubt, particularly the element of animus possidendi or conscious possession, despite the appellant’s defense of absence and frame-up.

RULING

The Supreme Court affirmed the conviction with modification. The Court held that all elements of illegal possession were established. The search was lawful, conducted under a valid warrant with proper witnesses. The drugs were positively identified in court. Possession, as defined under the Dangerous Drugs Act, constitutes custody or control, which need not be exclusive. The fact that the drugs were found in a cabinet within the appellant’s house, a place under his dominion and control, sufficiently proves animus possidendi. His defense of absence is unavailing; the law does not require physical possession at the exact moment of discovery, provided the accused had prior control. His claim of frame-up, unsupported by clear and convincing evidence, was rejected as a weak defense commonly raised in drug cases.
Regarding penalties, the Court applied the law in effect at the time of commission, Republic Act No. 6425 . For possession of 500 grams or more of marijuana, the penalty is reclusion perpetua to death. Applying the Indeterminate Sentence Law and the rule that when a penalty has three periods, the medium shall be imposed, the Court modified the penalty for the shabu charge to an indeterminate sentence of four months and one day of arresto mayor, as minimum, to three years of prision correccional, as maximum. The fine for the marijuana conviction was also imposed.