PEOPLE OF THE PHILIPPINES, vs. EDWIN PASCUAL y FLORES.
- G.R. Number: G.R. No. 88282
- Promulgated: 1992-05-06
- Ponente: Davide, Jr., J.
Doctrine
Findings on witness credibility by the trial court are accorded great weight on appeal and will not be disturbed absent clear oversight of material facts.
The buy-bust money need not be presented in evidence if the sale of the prohibited drug is otherwise adequately proven by the prosecution.
A person lawfully arrested may be searched for weapons or items that may be used as proof of an offense without a search warrant (search incidental to lawful arrest).
Facts
An information filed 2 August 1988 charged Edwin Pascual with violating Section 4, Article II of R.A. No. 6425 for allegedly selling 3.80 grams of marijuana fruiting tops on or about 28 May 1988 in Pateros, Metro Manila.
Accused filed a notice of appeal on 9 May 1989 after conviction and sentencing by the Regional Trial Court of Pasig.
The trial court sentenced the accused to reclusion perpetua, a P20,000 fine and costs; the Court of Appeals' disposition and crediting of preventive imprisonment are reflected in the record.
Issues
Whether the trial court's credibility findings should be disturbed on appeal.
Whether the absence or imperfect presentation of the "buy-bust" money vitiates the prosecution's case.
Whether the warrantless arrest and search violated the constitutional protection against unreasonable searches and seizures.
Whether the penalty of reclusion perpetua imposed by the trial court was proper for the offense charged.
Ruling
Appellate courts will generally not disturb trial court credibility findings absent plain oversight of material facts; this case is not an exception and the conviction is affirmed.
Presentation of the buy-bust money is not indispensable if the sale of marijuana is adequately proven; the conviction stands despite issues over the machine/photocopy evidence.
The Court held that constitutional protections against warrantless arrest and unreasonable searches and seizures were not violated.
Conviction affirmed but the penalty of reclusion perpetua was modified to life imprisonment; preventive imprisonment credited in full.
Keywords
G.R. No. 88282, Republic Act No. 6425, Dangerous Drugs Act, Section 4, Article II of Republic Act No. 6425, Plea of not guilty, Plea to lesser offense, Section 8 of the Dangerous Drugs Act, Arresting officers, Buy-bust operation, Poseur-buyer, Pre-arranged hand signal, Chemistry Report No. D-492-88, Certificate Laboratory Result, Positive result for marijuana, Denial (defense), Warrantless arrest, Reclusion perpetua, Accessory penalties, Fine, Notice of appeal