G.R. No. 92660 July 14, 1995
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SIXTO MORICO, accused-appellant.

FACTS

Accused-appellant Sixto Morico was charged with violating Section 4, Article II of R.A. No. 6425 (Dangerous Drugs Act) for selling three hand-rolled sticks of marijuana during a buy-bust operation in Silang, Cavite on November 12, 1987. The prosecution evidence established that a NARCOM team, using a confidential informant as a poseur-buyer with a marked ten-peso bill, successfully purchased the marijuana from Morico, leading to his arrest and the recovery of the marked money. The seized items tested positive for marijuana. Morico denied the charge, claiming he was framed, that the evidence was planted, and that he was forced to sign documents without counsel.

ISSUE

The primary issue is whether the trial court erred in convicting Morico of offenses not charged in the information and in appreciating the evidence against him.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court held that the trial court erred in convicting Morico for violating both Sections 4 and 15 of R.A. No. 6425, as the information only charged a violation of Section 4. An accused cannot be convicted of an offense not charged, as it violates the constitutional right to be informed of the accusation. The conviction was thus sustained only for the Section 4 violation. On the merits, the Court found the buy-bust operation valid and the prosecution’s evidence, despite minor inconsistencies, sufficient to prove guilt beyond reasonable doubt. The non-presentation of the informant was not fatal, as it is the prosecutor’s prerogative. However, applying the more lenient penalties under the subsequently enacted R.A. No. 7659 retroactively, and considering the minimal quantity of marijuana involved, the penalty was reduced. The Court imposed an indeterminate sentence of six months of arresto mayor, as minimum, to six years of prision correccional, as maximum, and deleted the fine.