PEOPLE OF THE PHILIPPINES, vs. RAUL FERNANDEZ y SABARILLO.
- G.R. Number: G.R. No. 86495
- Promulgated: 1992-05-13
- Ponente: Davide, Jr., J.
Doctrine
Marijuana includes every kind, class and character of Indian hemp, whether dried or fresh, flowering or fruiting tops, in any form.
Minor inconsistencies in witness testimony do not necessarily undermine credibility and may reflect natural memory variance rather than rehearsal.
Technical questions about physical possession at a particular instant may be immaterial to establishing liability under Section 4 of R.A. No. 6425.
Facts
The accused was found with an aluminum foil containing marijuana; prosecution witnesses described its contents though one witness said 'dried marijuana leaves.'
The trial court convicted the accused of violating Section 4 of R.A. No. 6425; this judgment was appealed to the Supreme Court.
Issues
Whether discrepancies in witness descriptions (dried leaves vs. fruiting tops) impair the prosecution's case.
Whether possession at the precise moment Navarro held the accused's hand is material to establishing liability under Section 4 of R.A. No. 6425.
Whether the penalty imposed by the trial court (reclusion perpetua with accessory penalties) is correct under R.A. No. 6425, as amended.
Ruling
Discrepancies on minor matters do not impair the essential integrity of prosecution evidence when testimonies agree on the essential facts; therefore the conviction stands.
Whether the accused still held the aluminum foil when Navarro held his hand is immaterial to liability under Section 4 of R.A. No. 6425.
Affirmed the conviction but modified the penalty: changed reclusion perpetua to life imprisonment (without accessory penalties); costs against the accused.
Keywords
G.R. No. 86495, Republic Act No. 6425, Dangerous Drugs Act, Section 4, Article II of Republic Act No. 6425, Section 6 of Republic Act No. 6425, marijuana fruiting tops, prohibited drug, Criminal Case No. 539-D, plea of not guilty, trial on the merits, buy-bust team, motion to reconsider, forensic chemist, guilty beyond reasonable doubt, reclusion perpetua, accessory penalties, fine, preventive imprisonment, notice of appeal, buy-bust operation