ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
July-1997 Jurisprudence                 

  • G.R. No. 96649-50 July 1, 1997 - PEOPLE OF THE PHIL. v. LYNDON V. MACOY

  • G.R. No. 109660 July 1, 1997 - PEOPLE OF THE PHIL. v. ROMEO NELL

  • G.R. No. 124914 July 2, 1997 - JESUS UGADDAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 123074 July 4, 1997 - PEOPLE OF THE PHIL. v. FERNANDO M. FERNANDEZ

  • Adm. Matter No. MTJ-94-1017 July 7, 1997 - OSCAR B. LAMBINO v. AMADO A. DE VERA

  • Adm. Matter No. P-97-1245 July 7, 1997 - BENIGNO G. GAVIOLA v. NOEL NAVARETTE

  • G.R. No. 105760 July 7, 1997 - PNB v. COURT OF APPEALS, ET AL.

  • G.R. No. 107193 July 7, 1997 - EUGENIO TENEBRO v. COURT OF APPEALS, ET AL.

  • G.R. No. 112006 July 7, 1997 - PEOPLE OF THE PHIL. v. ROBERTO S. DE VERA

  • G.R. No. 114275 July 7, 1997 - IÑIGO F. CARLET v. COURT OF APPEALS, ET AL.

  • G.R. No. 116962 July 7, 1997 - MARIA SOCORRO CACA v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 118940-41 & 119407 July 7, 1997 - PEOPLE OF THE PHIL. v. GREGORIO MEJIA, ET AL.

  • G.R. No. 119872 July 7, 1997 - REMEDIOS NAVOA RAMOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 122206 July 7, 1997 - RAFAEL ARCEGA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 105284 July 8, 1997 - PEOPLE OF THE PHIL. v. IGNACIO ZUMIL

  • G.R. No. 106099 July 8, 1997 - PEOPLE OF THE PHIL. v. AGUSTIN SOTTO, ET AL.

  • G.R. No. 109814 July 8, 1997 - PEOPLE OF THE PHIL. v. FERNANDO MAALAT

  • G.R. No. 112797 July 8, 1997 - PEOPLE OF THE PHIL. v. NIDA ALEGRO

  • G.R. No. 114265 July 8, 1997 - PEOPLE OF THE PHIL. v. GREGORIO MAGALLANES

  • G.R. No. 115307 July 8, 1997 - MANUEL LAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 115703 July 8, 1997 - EPIFANIO L. CASOLITA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 117501 July 8, 1997 - SOLID HOMES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122308 July 8, 1997 - PURITA S. MAPA, ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. SC-96-1 July 10, 1997 - DAMASO S. FLORES v. BERNARDO P. ABESAMIS

  • Adm. Matter No. P-97-1236 July 11, 1997 - MADONNA MACALUA v. DOMINGO TIU, JR.

  • Adm. Matter No. P-97-1249 July 11, 1997 - PACITA SY TORRES v. FROILAN S. CABLING

  • G.R. No. 104865 July 11, 1997 - PEOPLE OF THE PHIL. v. VICTORIANO PONTILAR, JR.

  • G.R. Nos. 113511-12 July 11, 1997 - PEOPLE OF THE PHIL. v. DANILO SINOC

  • G.R. No. 115033 July 11, 1997 - PONCIANO T. MATANGUIHAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123204 July 11, 1997 - NATIONWIDE SECURITY AND ALLIED SERVICES, INC. v. NLRC, ET AL.

  • Adm. Matter No. P-95-1158 July 14, 1997 - EUFEMIA BERCASIO v. HERBERTO BENITO, ET AL.

  • G.R. No. 106153 July 14, 1997 - FLORENCIO G. BERNARDO v. COURT OF APPEALS, ET AL.

  • G.R. No. 108838 July 14, 1997 - PAGCOR v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 116528-31 July 14, 1997 - PEOPLE OF THE PHIL. v. MARIETO ADORA

  • G.R. No. 108492 July 15, 1997 - PEOPLE OF THE PHIL. v. NOEL BANIEL, ET AL.

  • G.R. No. 118078 July 15, 1997 - PEOPLE OF THE PHIL. v. OSCAR VILLANUEVA

  • G.R. No. 123379 July 15, 1997 - BAROTAC SUGAR MILLS, INC. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 115439-41 July 16, 1997 - PEOPLE OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. Nos. 120437-41 July 16, 1997 - PEOPLE OF THE PHIL. v. ARMANDO ALVARIO

  • Adm. Matter No. RTJ-97-1382 July 17, 1997 - REXEL M. PACURIBOT v. RODRIGO F. LIM, JR.

  • G.R. No. 105002 July 17, 1997 - PEOPLE OF THE PHIL. v. DIARANGAN DANSAL

  • G.R. No. 108634 July 17, 1997 - ANTONIO P. TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 111165 July 17, 1997 - PEOPLE OF THE PHIL. v. ROGELIO MERCADO, ET AL.

  • G.R. No. 113257 July 17, 1997 - PEOPLE OF THE PHIL. v. JOHNNY LASCOTA

  • G.R. No. 114742 July 17, 1997 - CARLITOS E. SILVA v. COURT OF APPEALS, ET AL.

  • G.R. No. 118860 July 17, 1997 - ROLINDA B. PONO v. NLRC, ET AL.

  • G.R. No. 120262 July 17, 1997 - PAL, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125195 July 17, 1997 - SAMAHAN NG MGA MANGGAGAWA SA BANDOLINO, ET AL. v. NLRC, ET AL.

  • Adm. Matter No. RTJ-96-1362 July 18, 1997 - DSWD, ET AL. v. ANTONIO M. BELEN, ET AL.

  • Adm. Matter No. RTJ-95-1283 July 21, 1997 - DAVID C. NAVAL, ET AL. v. JOSE R. PANDAY, ET AL.

  • G.R. No. 108488 July 21, 1997 - PEOPLE OF THE PHIL. v. RODENCIO NARCA, ET AL.

  • G.R. No. 111002 July 21, 1997 - PACIFIC MARITIME SERVICES, INC., ET AL. v. NICANOR RANAY, ET AL.

  • G.R. No. 117402 July 21, 1997 - PEOPLE OF THE PHIL. v. ROLLIE L. ALVARADO

  • G.R. No. 119184 July 21, 1997 - HEIRS OF FELICIDAD CANQUE v. COURT OF APPEALS, ET AL.

  • G.R. No. 121768 July 21, 1997 - PEOPLE OF THE PHIL. v. DOMINGO CASTILLO, JR.

  • G.R. Nos. 122250 & 122258 July 21, 1997 - EDGARDO C. NOLASCO v. COMELEC, ET AL.

  • G.R. No. 124347 July 21, 1997 - CMS STOCK BROKERAGE, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125510 July 21, 1997 - PEOPLE OF THE PHIL. v. RENATO LISING

  • G.R. No. 111933 July 23, 1997 - PLDT v. NLRC, ET AL.

  • G.R. Nos. 112429-30 July 23, 1997 - PEOPLE OF THE PHIL. v. RODOLFO P. CAYETANO

  • G.R. Nos. 118736-37 July 23, 1997 - PEOPLE OF THE PHIL. v. TANG WAI LAN

  • Adm. Matter No. P-96-1205 July 24, 1997 - OSCAR P. DE LOS REYES v. ESTEBAN H. ERISPE, JR.

  • Adm. Matter No. RTJ-97-1383 July 24, 1997 - JOSE LAGATIC v. JOSE PEÑAS, JR., ET AL.

  • G.R. No. 104663 July 24, 1997 - PEOPLE OF THE PHIL. v. DAVID SALVATIERRA

  • G.R. No. 105004 July 24, 1997 - PEOPLE OF THE PHIL. v. DIONISIO MAROLLANO

  • G.R. No. 107723 July 24, 1997 - EMS MANPOWER & PLACEMENT SERVICES v. NLRC, ET AL.

  • G.R. No. 111211 July 24, 1997 - ABS-CBN EMPLOYEES UNION, ET AL., v. NLRC, ET AL.

  • G.R. No. 113235 July 24, 1997 - VICTORINA MEDINA, ET AL. v. CITY SHERIFF, MANILA, ET AL.

  • G.R. Nos. 113366-68 July 24, 1997 - GREGORIO ISABELO, ET AL. v. NLRC, ET AL.

  • G.R. No. 116635 July 24, 1997 - CONCHITA NOOL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116736 July 24, 1997 - PEOPLE OF THE PHIL. v. BENJAMIN ORTEGA, ET AL.

  • G.R. No. 118458 July 24, 1997 - PEOPLE OF THE PHIL. v. RICKY DELA CRUZ

  • G.R. No. 120276 July 24, 1997 - SINGA SHIP MANAGEMENT PHILS., INC. v. NLRC, ET AL.

  • G.R. No. 121075 July 24, 1997 - DELTA MOTORS CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 121867 July 24, 1997 - SMITH KLINE & FRENCH LAB., LTD. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127262 July 24, 1997 - HUBERT WEBB, ET AL. v. PEOPLE OF THE PHIL., ET AL.

  • Adm. Matter Nos. 95-6-55-MTC & P-96-1173 July 28, 1997 - REPORT ON AUDIT IN THE MTC OF PEÑARANDA, NUEVA ECIJA

  • G.R. No. 102858 July 28, 1997 - DIRECTOR OF LANDS v. COURT OF APPEALS, ET AL.

  • G.R. No. 103209 July 28, 1997 - APOLONIO BONDOC, ET AL. v. NLRC, ET AL.

  • G.R. No. 110823 July 28, 1997 - PEOPLE OF THE PHIL. v. ROCHEL TRAVERO

  • G.R. No. 112323 July 28, 1997 - HELPMATE, INC. v. NLRC, ET AL.

  • G.R. No. 113344 July 28, 1997 - PEOPLE OF THE PHIL. v. ATANACIO LUTO

  • G.R. No. 116668 July 28, 1997 - ERLINDA A. AGAPAY v. CARLINA V. PALANG, ET AL.

  • G.R. No. 116726 July 28, 1997 - PEOPLE OF THE PHIL. v. LEONARDO P. DE LA CRUZ

  • G.R. No. 118822 July 28, 1997 - G.O.A.L., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119000 July 28, 1997 - ROSA UY v. COURT OF APPEALS, ET AL.

  • G.R. No. 119649 July 28, 1997 - RICKY GALICIA, ET AL. v. NLRC, ET AL.

  • G.R. No. 119868 July 28, 1997 - PAL, INC. v. NLRC, ET AL.

  • G.R. No. 120072 July 28, 1997 - PEOPLE OF THE PHIL. v. FLORENTINO I. MESA

  • G.R. No. 123361 July 28, 1997 - TEOFILO CACHO v. COURT OF APPEALS, ET AL.

  • G.R. No. 126556 July 28, 1997 - NELSON C. DAVID v. COURT OF APPEALS, ET AL.

  • G.R. No. 117742 July 29, 1997 - GEORGE M. TABERRAH v. NLRC, ET AL.

  • SBC Case No. 519 July 31, 1997 - PATRICIA FIGUEROA v. SIMEON BARRANCO, JR.

  • G.R. No. 97369 July 31, 1997 - P.I. MANPOWER PLACEMENTS, INC. v. NLRC, ET AL.

  • G.R. No. 99030 July 31, 1997 - PLDT v. NLRC, ET AL.

  • G.R. No. 106582 July 31, 1997 - PEOPLE OF THE PHIL. v. RUPERTO BALDERAS

  • G.R. No. 107802 July 31, 1997 - PEOPLE OF THE PHIL. v. JASON NAREDO

  • G.R. No. 108399 July 31, 1997 - RAFAEL M. ALUNAN III, ET AL. v. ROBERT MIRASOL, ET AL.

  • G.R. No. 108619 July 31, 1997 - EPIFANIO LALICAN v. FILOMENO A. VERGARA, ET AL.

  • G.R. No. 113689 July 31, 1997 - PEOPLE OF THE PHIL. v. FELIPE SANGIL, SR.

  • G.R. No. 113958 July 31, 1997 - BANANA GROWERS COLLECTIVE, ET AL. v. NLRC, ET AL.

  • G.R. No. 116060 July 31, 1997 - PEOPLE OF THE PHIL. v. CLEMENTE DE LA PEÑA

  • G.R. No. 116292 July 31, 1997 - PEOPLE OF THE PHIL. v. JIMMY PEÑERO

  • G.R. No. 119068 July 31, 1997 - PEOPLE OF THE PHIL. v. DANTE CASTRO, ET AL.

  • G.R. No. 121027 July 31, 1997 - CORAZON DEZOLLER TISON, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 121157 July 31, 1997 - HEIRS OF SEGUNDA MANINGDING, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123561 July 31, 1997 - DELIA R. NERVES v. CSC, ET AL.

  • G.R. No. 124678 July 31, 1997 - DELIA BANGALISAN, ET AL. v. COURT OF APPEALS, ET AL.

  •  





     
     

    G.R. No. 125510   July 21, 1997 - PEOPLE OF THE PHIL. v. RENATO LISING

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. No. 125510. July 21, 1997.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RENATO LISING y SANTIAGO, Accused-Appellant.

    The Solicitor General for Plaintiff-Appellee.

    Raul C. Montero for Accused-Appellant.

    SYNOPSIS


    For possession of 375 grams of methamphetamine hydrochloride (Shabu), Accused-appellant was charged with violation of Section 16, Article III of Republic Act 6425, as amended by Republic Act 7659, otherwise known as the Dangerous Drugs Act of 1872. After due trial, Accused appellant was found guilty by the trial court imposing upon him a penalty of Reclusion Perpetua and a fine of P500,000.

    The Supreme Court affirmed the decision of the trial court. The legality of the search and seizure made by the NBI agent who inspected the red pouch the accused-appellant was carrying and was found to contain five big plastic packets of white crystalline granules which turned out to be shabu was upheld.


    SYLLABUS


    1. REMEDIAL LAW; EVIDENCE; CREDIBILITY OF WITNESSES; NOT IMPAIRED BY MINOR INCONSISTENCIES; CASE AT BAR. — According to accused-appellant, Yap testified on direct examination that accused-appellant had already alighted from his car when Yap inspected the red pouch containing the shabu; but on cross-examination, Yap supposedly contradicted himself when he declared that accused-appellant had barely alighted from his car or had yet to go out when Yap inspected the pouch. Obviously the incident pointed out by accused-appellant is a minor inconsequential detail. Whether accused-appellant had already alighted or barely alighted from his car when Yap inspected the pouch does not alter the time and place of the search in any way. The difference between "alighted" and "barely alighted" must have covered but a brief span of seconds at most, not an appreciable lapse of time to stigmatize Yap’s testimony as inconsistent. Minor inconsistencies and contradictions in the testimony of witnesses do not impair credibility but even enhance their veracity as these minor variances in fact erase any suspicion of a rehearsed testimony. (People v. Israel, 231 SCRA 155 [1994]; People v. Querido, 229 SCRA 745 [1994]).

    2. ID.; ID.; ID.; TESTIMONY OF INFORMANT FOR DRUG PUSHING MERELY CORROBORATIVE WITH THAT OF THE ARRESTING OFFICERS; CASE AT BAR. — There was absolutely no necessity to put Raul Lacson on the witness stand, for under the circumstances of the case he assumed the role of an informant, having volunteered to reveal to the NBI agents the information that accused-appellant would deliver a quantity of shabu to him. We have consistently ruled that the testimony of an informant is not indispensable to a successful prosecution for drug-pushing since his testimony would be merely corroborative and cumulative with that of the arresting officers . . . and, of course, what accused-appellant cannot escape from is the damaging fact that the shabu was seized from him.

    3. ID.; ID.; ID.; DEFENSE OF FRAME-UP IN DRUG DEALING MUST BE CLEAR AND CONVINCING; CASE AT BAR. — Accused-appellant’s denunciation that he was merely a victim of a frame-up and extortion by the NBI agents and that he gave P200,000.00 to the NBI agents through his girlfriend Maria Victoria Yambao, finds no support in the evidence. The charge of frame-up is the usual defense set up by persons accused of drug dealing (People v. De los Reyes, 229 SCRA 439 [1994]), and should not accord a redoubtable sanctuary to a person accused of drug dealing unless the evidence of such frame-up is clear and convincing.

    4. ID.; CRIMINAL PROCEDURE; SEARCH AND SEIZURE; LEGALITY THEREOF IN CASE AT BAR. — It must be recalled that accused-appellant had already alighted from his car when he was accosted by the NBI agents. The agents then inspected the red pouch he was carrying, and found that it contained five big plastic packets of white crystalline granules (which upon chemical analysis later by the NBI Forensic Chemistry Division turned out to be shabu). He was thereupon arrested. Verily, the NBI agents had reasonable grounds to believe that accused-appellant was in possession of shabu, having been so informed by Lacson, who was himself caught in possession of shabu, and this reasonable belief was indelibly confirmed by the subsequent discovery and seizure of the shabu contained in the pouch which was surrendered without objection by accused-appellant to the NBI agents for the inspection.


    D E C I S I O N


    MELO, J.:


    Despite the stiff penalties we have been imposing for possession, dealing, or use of dangerous drugs, such activities continue to persist, taking their nefarious toll. A case of drug possession is unfolded by the record of this case.

    For possession of 375 grams of methamphetamine hydrochloride (shabu), Accused-appellant was charged with violation of Section 16, Article III of Republic Act 6425, as amended by Republic Act 7659, otherwise known as the Dangerous Drugs Act of 1972, in an Information reading as follows:chanrob1es virtual 1aw library

    That on or about June 17, 1994, in Makati, Metro Manila, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, without authority of law, did then and there, wilfully, unlawfully and feloniously have in his possession, custody and control, three hundred seventy five (375) grams of methamphetamine hydrochloride, commonly known as SHABU, a regulated drug, in violation of the aforesaid law.

    (p. 9, Rollo.)

    After due trial, Accused-appellant was found guilty by the trial court in a decision dated October 24, 1995, disposing:chanrob1es virtual 1aw library

    WHEREFORE, in view of the foregoing the Court finds the accused RENATO LISING y SANTIAGO GUILTY beyond reasonable doubt of the crime of violation of Section 16 of Republic Act No. 6425, as amended and further amended by Republic Act No. 7659, and sentences him to suffer the penalty of RECLUSION PERPETUA and to pay a fine of FIVE HUNDRED THOUSAND PESOS (P500,000.00).

    The 375 grams of shabu which were forfeited in favor of the government have already been turned over by this Court to the Dangerous Drugs Board on August 25, 1995 for the latter’s disposition in accordance with law.

    The evidence custodian of the NBI is directed to turn over the P10,000.00 which were confiscated from the accused to the Clerk of Court of the Regional Trial Court of Makati who will receive the same in favor of the Government.

    The NBI is directed to release or cause the release of the BMW car with Plate No. TJH 300 to its registered owner, Mr. Hernani Pascoguin. If the said car has already been released to Mr. Pascoguin, he is now considered relieved of the undertaking which he submitted in connection with said car.

    (pp. 25-26, Rollo.)

    In his appeal, Accused-appellant imputes the following alleged errors to the trial court.

    I. The trial court erred in giving weight to the incredible, inconsistent, improbable and hearsay testimonies of prosecution witnesses.

    II. The trial court erred in disregarding the testimonies of the defense witnesses that appellant was not really caught in possession of shabu but was merely a victim of frame-up, vengeance and extortionate activity of the NBI operatives.

    III. Court erred in admitting as evidence for the prosecution the following Exhibits:chanrob1es virtual 1aw library

    a) EXHIBITS P to P-5 (The five transparent plastic bags allegedly containing the shabu and the red pouch allegedly containing the said drugs)

    b) EXHIBIT C to C-5 (The Receipt of the Property Seized, and Inventory of the Money)

    For being obtained in violation of appellant’s constitutional rights.

    (pp. 15-16, Appellant’s Brief.)

    A synthesis of the facts of the case, as borne out by the evidence, is accurately set forth in the appellee’s brief as follows:chanrob1es virtual 1aw library

    On June 17, 1994, at around 10 a.m., agents of the NBI, headed by one Atty. Benito, together with Atty. Justo Yap, Atty. Wilfredo Lucido, Melchor Dizon and Rolando Argabioso, were at Unit 1004-A Skyland Plaza Condominium, Buendia Avenue, cor. Tindalo St., Makati City for the purpose of serving a warrant of arrest on Raul Lacson. In the process of serving the warrant, the agents saw a substantial amount of shabu and assorted drug paraphernalia on top of a table inside Lacson’s room. When asked about the source of the shabu, Lacson informed the agents that one Renato S. Lising, appellant herein, would be delivering to him a substantial amount of shabu at around 12 noon using a BMW car with Plate No. TJH-300 (TSN, Sept. 27, 1994, pp. 9 to 13).

    The NBI agents requested their office for a record check on appellant’s name. Per information gathered by the agents, appellant was previously charged with violating Sec. 16, Art. III of RA 6425 before the RTC of Pasig in Crim. Case No. 1929-D. The agents also learned that appellant was the same person they recommended to be prosecuted in 1992 for illegal possession of shabu (Ibid., pp. 14-15).

    Immediately, a team headed by Atty. Jose Justo Yap was formed to stop and inspect appellant at the parking area upon his arrival (Ibid., p. 24).

    At around 12 noon, appellant arrived on board a blue BMW with Plate No. TJH-300. When appellant got off his car, he was carrying a red pouch. The NBI agents approached, identified themselves to appellant and requested that the red pouch be inspected. Upon inspection, it was discovered that the pouch contained five (5) big plastic packets of white crystalline granules suspected to be shabu. Appellants was immediately placed under arrest. Subsequent search inside the BMW revealed P10,000.00 in P100 bills, which amount was also confiscated (Ibid., pp. 25 to 27).

    The crystalline granules with a combined weight of 375.0 grams were found positive to be shabu by the Forensic Chemistry Division of the NBI (Ibid., p. 26, Exhibit F).

    (pp. 3-5, Appellee’s Brief; p. 57, Rollo.)

    Accused-appellant contends that the trial court convicted him on the basis of incredible, inconsistent, and hearsay testimony of the prosecution witnesses.

    An evaluation of the evidence does not support accused-appellant’s contention.

    Accused-appellant impugns the prosecution witnesses’ testimony that they found a substantial quantity of shabu in the room of Raul Lacson, and insists that the NBI search of Lacson’s room was illegal for want of a search warrant. Accused-appellant’s contention is totally irrelevant. He is charged with possession of the shabu found in the red pouch which was in his possession and control, and not of the shabu found in Lacson’s room.

    To substantiate his contention that the prosecution witnesses’ testimony is incredible and inconsistent accused-appellant cites the testimony of prosecution witness Justo Yap. According to accused-appellant, Yap testified on direct examination that accused-appellant had already alighted from his car when Yap inspected the red pouch containing the shabu; but on cross-examination, Yap supposedly contradicted himself when he declared that accused-appellant had barely alighted from his car or had yet to go out when Yap inspected the pouch.

    Obviously the incident pointed out by accused-appellant is a minor inconsequential detail. Whether accused-appellant had already alighted or barely alighted from his car when Yap inspected the pouch does not alter the time and place of the search in any way. The difference between "alighted" and "barely alighted" must have covered but a brief span of seconds at most, not an appreciable lapse of time to stigmatize Yap’s testimony as inconsistent. Minor inconsistencies and contradictions in the testimony of witnesses do not impair their credibility but even enhance their veracity as these minor variances in fact erase any suspicion of a rehearsed testimony (People v. Israel, 231 SCRA 155 [1994]; People v. Querido, 229 SCRA 745 [1994]). At any rate, the trial court found, as set forth in the synthesis of facts, that accused-appellant was accosted by the NBI agents after he "got off his car", and we have no reason to believe otherwise.

    Accused-appellant likewise argues that the testimony of witnesses Justo Yap and Wilfredo Lucido is hearsay considering the prosecution’s failure to present Raul Lacson to testify that accused-appellant would deliver to him a quantity of shabu.

    There was absolutely no necessity to put Raul Lacson on the witness stand, for under the circumstances of the case he assumed the role of an informant, having volunteered to reveal to the NBI agents the information that accused-appellant would deliver a quantity of shabu to him. We have consistently ruled that the testimony of an informant is not indispensable to a successful prosecution for drug-pushing since his testimony would be merely corroborative and cumulative with that of the arresting officers (People v. Macasa, 229 SCRA 422 [1994]; People v. De los Reyes, 229 SCRA 439 [1994]), and, of course, what accused-appellant cannot escape from is the damaging fact that the shabu was seized from him.chanrobles

    Accused-appellant’s denunciation that he was merely a victim of a frame-up and extortion by the NBI agents and that he gave P200,000.00 to the NBI agents through his girlfriend Maria Victoria Yambao, finds no support in the evidence. The charge of frame-up is the usual defense set up by persons accused of drug dealing (People v. De los Reyes, supra), and should not accord a redoubtable sanctuary to a person accused of drug dealing unless the evidence of such frame-up is clear and convincing.

    Finally, Accused-appellant assails the legality of the search and seizure of the pouch. We are not persuaded.chanroblesvirtual|awlibrary

    It must be recalled that accused-appellant had already alighted from his car when he was accosted by the NBI agents. The agents then inspected the red pouch he was carrying, and found that it contained five big plastic packets of white crystalline granules (which upon chemical analysis later by the NBI Forensic Chemistry Division turned out to be shabu). He was thereupon arrested. Verily, the NBI agents had reasonable grounds to believe that accused-appellant was in possession of shabu, having been so informed by Lacson, who was himself caught in possession of shabu and this reasonable belief was indelibly confirmed by the subsequent discovery and seizure of the shabu contained in the pouch which was surrendered without objection by accused-appellant to the NBI agents for the inspection.

    WHEREFORE, the decision appealed is hereby AFFIRMED.

    SO ORDERED.

    Narvasa, C.J., Davide, Jr., Francisco and Panganiban, JJ., concur.

    G.R. No. 125510   July 21, 1997 - PEOPLE OF THE PHIL. v. RENATO LISING


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED