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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)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
September-2001 Jurisprudence                 

  • G.R. No. 137538 September 3, 2001 - OFFICE OF THE OMBUDSMAN v. HON. FRANCISCO B. IBAY

  • A.M. No. MTJ-00-1249 September 4, 2001 - PHIL. GERIATRICS FOUNDATION, ET AL. v. LYDIA QUERUBIN LAYOSA

  • A.M. No. P-00-1373 September 4, 2001 - ELIZABETH A. TIONGCO v. ROGELIO S. MOLINA, ET AL.

  • A.M. No. P-01-1501 September 4, 2001 - JOSEPHINE D. SARMIENTO v. ALBERT S. SALAMAT

  • A.M. No. P-01-1502 September 4, 2001 - CRESENCIO N. BONGALOS v. JOSE R. MONUNGOLH and VICTORIA D. JAMITO

  • A.M. No. P-99-1357 September 4, 2001 - SHERWIN M. BALOLOY v. JOSE B. FLORES

  • A.M. No. RTJ-01-1651 September 4, 2001 - PROSECUTOR LEO C. TABAO v. JUDGE FRISCO T. LILAGAN

  • G.R. No. 125359 September 4, 2001 - ROBERTO S. BENEDICTO and HECTOR T. RIVERA v. THE COURT OF APPEALS

  • G.R. No. 126859 September 4, 2001 - YOUSEF AL-GHOUL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127181 September 4, 2001 - LAND BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 132709 September 4, 2001 - CAMILO L. SABIO, ET AL. v. INTERNATIONAL CORPORATE BANK, ET AL.

  • G.R. No. 134490 September 4, 2001 - PEOPLE OF THE PHILIPPINES v. JOEL BRAGAT

  • G.R. Nos. 135356-58 September 4, 2001 - PEOPLE OF THE PHIL. v. MELECIO SAGARINO

  • G.R. No. 138923 September 4, 2001 - PEOPLE OF THE PHIL. v. ANITA AYOLA, ET AL.

  • A.M. No. MTJ-01-1344 September 5, 2001 - LYDIO ARCILLA, ET AL. v. LUCIO PALAYPAYON, ET AL.

  • G.R. No. 128145 September 5, 2001 - J.C. LOPEZ & ASSOCIATES v. COMMISSION ON AUDIT, ET AL.

  • G.R. No. 133886 September 5, 2001 - PEOPLE OF THE PHILIPPINES v. OSCAR PARBA

  • G.R. No. 134101 September 5, 2001 - PEOPLE OF THE PHIL. v. FELINO O. LLANITA

  • G.R. No. 136054 September 5, 2001 - SEVERINA SAN MIGUEL v. COURT OF APPEALS, ET AL.

  • G.R. No. 132714 September 6, 2001 - PEOPLE OF THE PHIL. v. RENATO LALINGJAMAN

  • G.R. Nos. 139064-66 September 6, 2001 - PEOPLE OF THE PHIL. v. ALBERTO ARCE

  • G.R. No. 140529 September 6, 2001 - JOSE P. LOPEZ v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. No. 141400 September 6, 2001 - PEOPLE OF THE PHIL. v. EVANGELINE GANENAS

  • Admin. Case. No. 4863 September 7, 2001 - URBAN BANK v. ATTY. MAGDALENO M. PEÑA

  • G.R. No. 114858-59 September 7, 2001 - COLUMBUS PHILIPPINES BUS CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 126352 September 7, 2001 - GSIS v. COURT OF APPEALS, ET AL.

  • G.R. No. 127261 September 7, 2001 - VISAYAN SURETY & INSURANCE CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 129644 September 7, 2001 - CHINA BANKING CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131805 September 7, 2001 - PEOPLE OF THE PHIL. v. GREGORIO HERMOSA, ET AL.

  • G.R. No. 132064 September 7, 2001 - PEOPLE OF THE PHIL. v. ISAGANI BAYENG, ET AL.

  • G.R. No. 132320 September 7, 2001 - PEOPLE OF THE PHIL. v. CONRADO OJERIO

  • G.R. Nos. 135402-03 September 7, 2001 - PEOPLE OF THE PHIL. v. IAN GONZAGA

  • G.R. No. 136779 September 7, 2001 - PEOPLE OF THE PHIL. v. ARNEL ASUNCION

  • G.R. No. 142065 September 7, 2001 - LENIDO LUMANOG v. HON. JAIME N. SALAZAR

  • G.R. No. 142875 September 7, 2001 - EDGAR AGUSTILO v. COURT OF APPEALS, ET AL.

  • G.R. No. 144877 September 7, 2001 - DEVELOPMENT BANK OF THE PHIL. v. VERONICA AGUIRRE, ET AL.

  • A.M. No. P-01-1506 September 10, 2001 - GEORGE S. BICBIC v. DHALIA E. BORROMEO

  • G.R. Nos. 104769 & 135016 September 10, 2001 - AFP MUTUAL BENEFIT ASSO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118943 September 10, 2001 - MARIO HORNALES v. NLRC, ET AL.

  • G.R. No. 130362 September 10, 2001 - INT’L FLAVORS & FRAGRANCES (PHIL.) v. MERLIN J. ARGOS, ET AL.

  • G.R. No. 138485 September 10, 2001 - DR. v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. 141970 September 10, 2001 - METROPOLITAN BANK v. FLORO T. ALEJO

  • G.R. No. 145588 September 10, 2001 - ESPERIDION LOPEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 140398 September 11, 2001 - FRANCISCO DELA MERCED, ET AL. v. GSIS, ET AL.

  • G.R. No. 121877 September 12, 2001 - PEOPLE OF THE PHIL v. ERLINDA GONZALES

  • G.R. Nos. 138431-36 September 12, 2001 - PEOPLE OF THE PHIL. v. DIOSCORA M. ARABIA, ET AL.

  • G.R. No. 140903 September 12, 2001 - HENRY SY v. COMMISSION ON SETTLEMENT OF LAND PROBLEMS, ET AL.

  • A.M. No. 00-1-4-03-SC September 13, 2001 - RE: REQUEST FOR LIVE RADIO-TV COVERAGE OF THE TRIAL IN THE SANDIGANBAYAN OF THE PLUNDER CASES AGAINST FORMER PRESIDENT JOSEPH E. ESTRADA v. JOSEPH E. ESTRADA and INTEGRATED BAR OF THE PHILIPPINES

  • A.M. No. 00-4-188-RTC September 13, 2001 - REQUEST OF MR. OSCAR T. LLAMAS FOR RE-ASSIGNMENT OSCAR T. LLAMAS v. EMMANUEL LACANDOLA AND ET. AL.

  • G.R. No. 120009 September 13, 2001 - DOLE PHILIPPINES v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 122095 September 13, 2001 - PEOPLE OF THE PHILIPPINES v. DOMINGO DAWISAN

  • G.R. No. 127913 September 13, 2001 - RCBC v. METRO CONTAINER CORP.

  • G.R. No. 132354 September 13, 2001 - PEOPLE OF THE PHIL. v. DEOMEDES IGLESIA

  • G.R. Nos. 136840-42 September 13, 2001 - PEOPLE OF THE PHIL. v. ROMEO NAVARETTE

  • G.R. No. 137250-51 September 13, 2001 - PABLO MARGAREJO v. HON. ADELARDO ESCOSES

  • G.R. No. 138972-73 September 13, 2001 - PEOPLE OF THE PHIL. v. EUGENIO B. MARQUEZ, ET AL.

  • G.R. No. 140512 September 13, 2001 - PEOPLE OF THE PHIL. v. PETER PELERAS, ET AL.

  • G.R. No. 142043 September 13, 2001 - PEOPLE OF THE PHIL. v. NELSON BITUON

  • G.R. No. 142430 September 13, 2001 - PEOPLE OF THE PHIL. v. RONNIE QUINICIO, ET AL.

  • G.R. No. 142444 September 13, 2001 - OFELIA D. ARTUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 142649 September 13, 2001 - ANTONIO C. SAN LUIS v. COURT OF APPEALS

  • G.R. No. 143702 September 13, 2001 - PEOPLE OF THE PHIL. v. ZALDY MENDOZA

  • G.R. No. 129212 September 14, 2001 - PEOPLE OF THE PHILIPPINES v. MARIO LACUESTA, ET AL.

  • A.M. No. RTJ-00-1575 September 17, 2001 - ISAGANI RIZON v. JUDGE OSCAR E. ZERNA

  • A.M. No. RTJ 99-1498 September 17, 2001 - VICENTE P. LIM v. JUDGE JACINTA B. TAMBAGO, ET AL.

  • G.R. No. 111584 September 17, 2001 - PRODUCERS BANK OF THE PHILIPPINES v. COURT OF APPEALS and SPOUSES SALVADOR Y. CHUA and EMILIA U. CHUA

  • G.R. No. 135644 September 17, 2001 - GOVERNMENT SERVICE INSURANCE SYSTEM v. SPOUSES GONZALO and MATILDE LABUNG-DEANG

  • G.R. No. 135912 September 17, 2001 - ODIN SECURITY AGENCY v. SANDIGANBAYAN, ET AL.

  • G.R. No. 138219 September 17, 2001 - GERARDO V. TAMBAOAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 138943-44 September 17, 2001 - PEOPLE OF THE PHIL. v. HENRY ALMAZAN

  • G.R. No. 141209 September 17, 2001 - ANTONIA HUFANA, ET AL. v. WILLIAM ONG GENATO

  • A. C. No. 5043 September 19, 2001 - ABEDIN L. OSOP v. ATTY. V. EMMANUEL C. FONTANILLA

  • G.R. No. 135936 September 19, 2001 - THE PEOPLE OF THE PHILIPPINES v. GUALBERTO MIRADOR alias "GOLING"

  • G.R. No. 144400 September 19, 2001 - DOMINGO O. IGNACIO v. COCA-COLA BOTTLERS PHILS.

  • A.M. No. MTJ-01-1369 September 20, 2001 - GUILLERMA D. CABAÑERO v. JUDGE ANTONIO K. CAÑON

  • A.M. No. MTJ-01-1371 September 20, 2001 - ATTY. NESCITO C. HILARIO v. JUDGE ROMEO A. QUILANTANG

  • A.M. No. RTJ-99-1472 September 20, 2001 - SPOUSES HERMINIO, ET Al. v. HON. DEMETRIO D. CALIMAG

  • A.M. No. P-01-1483 September 20, 2001 - EDNA FE F. AQUINO v. ISABELO LAVADIA

  • G.R. No. 116938 September 20, 2001 - LEONILA GARCIA-RUEDA v. REMEDIOS A. AMOR, ET AL.

  • G.R. No. 127405 September 20, 2001 - MARJORIE TOCAO and WILLIAM T. BELO v. COURT OF APPEALS and NENITA A. ANAY

  • G.R. No. 130399 September 20, 2001 - PUBLIC UTILITIES DEPARTMENT v. HON. TEOFISTO T. GUINGONA

  • G.R. Nos. 135068-72 September 20, 2001 - PEOPLE OF THE PHIL. v. MAXIMO RAMOS

  • G.R. No. 137674 September 20, 2001 - WILLIAM GO KIM HUY v. SANTIAGO GO KIM HUY, ET AL.

  • G.R. No. 139410 September 20, 2001 - PEOPLE OF THE PHILIPPINES v. SILVERIO AGUERO

  • G.R. No. 140898 September 20, 2001 - THE PEOPLE OF THE PHILIPPINES v. JOSE ISHIKAWA AMBA

  • A.M. No. P-99-1289 September 21, 2001 - JUDGE NAPOLEON S. DIAMANTE v. ANTHONY A. ALAMBRA

  • G.R. Nos. 119609-10 September 21, 2001 - PCGG v. HONORABLE SANDIGANBAYAN (Third Division), ET AL.

  • G.R. No. 128876 September 21, 2001 - PEOPLE OF THE PHILIPPINES v. MANOLITO FELIZAR y CAPULI

  • G.R. No. 132384 September 21, 2001 - PEOPLE OF THE PHILIPPINES v. MARLON GADIA

  • G.R. No. 134596 September 21, 2001 - RAYMUND ARDONIO v. THE PEOPLE OF THE PHILIPPINES

  • G.R. No. 142889 September 21, 2001 - EXECUTIVE LABOR ARBITER RICARDO N. OLAIREZ v. OMBUDSMAN ANIANO A. DESIERTO

  • G.R. No. 145416 September 21, 2001 - GOLDEN HORIZON REALTY CORPORATION v. SY CHUAN

  • A.M. No. 99-6-79-MTC September 24, 2001 - REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE MUNICIPAL TRIAL COURT

  • A.M. No. P-01-1512 September 24, 2001 - TERESITA H. ZIPAGAN v. JOVENCIO N. TATTAO

  • G.R. Nos. 132442-44 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. BERNARDINO ARANZADO

  • G.R. Nos. 135524-25 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. MANOLITO AGUSTIN

  • G.R. No. 141897 September 24, 2001 - METRO CONSTRUCTION v. CHATHAM PROPERTIES

  • G.R. No. 144404 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. LEODEGARIO BASCUGUIN Y AGQUIZ

  • G.R. Nos. 127759-60 September 25, 2001 - PEOPLE OF THE PHIL. v. PO3 NOEL FELICIANO

  • G.R. Nos. 134527-28 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. SERAPIO REY alias APIONG

  • G.R. Nos. 136867-68 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. RODRIGO GALVEZ y JEREZ

  • G.R. No. 137612 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. FRANCISCO ANTINERO BERIARMENTE

  • A.C. No. 4497 September 26, 2001 - MR. and MRS. VENUSTIANO G. SABURNIDO v. ATTY. FLORANTE E. MADROÑO

  • A.C. No. 4990 September 26, 2001 - ELENA ZARATE-BUSTAMANTE and LEONORA SAVET CATABIAN v. ATTY. FLORENTINO G. LIBATIQUE

  • G.R. No. 122824 September 26, 2001 - AURORA F. IGNACIO v. VALERIANO BASILIO,

  • G.R. No. 123058 September 26, 2001 - PEOPLE OF THE PHIL. v. ALFREDO NAPUD, JR.

  • G.R. No. 129107 September 26, 2001 - ALFONSO L. IRINGAN v. HON. COURT OF APPEALS , ET AL.

  • G.R. Nos. 129530-31 September 26, 2001 - PEOPLE OF THE PHILIPPINES v. WILFREDO OLARTE

  • G.R. Nos. 138308-10 September 26, 2001 - THE PEOPLE OF THE PHILIPPINES v. PABLO SANTOS

  • G.R. No. 142564 September 26, 2001 - PEOPLE OF THE PHILIPPINES v. HILGEM NERIO y GIGANTO

  • G.R. Nos. 143108-09 September 26, 2001 - REPUBLIC OF THE PHILIPPINES. v. COURT OF APPEALS

  • Adm. Case. No. 5505 September 27, 2001 - SEVERINO RAMOS v. ATTY. ELLIS JACOBA and ATTY. OLIVIA VELASCO JACOBA

  • G.R. No. 131864-65 September 27, 2001 - PEOPLE OF THE PHILIPPINES v. SHERJOHN ARONDAIN and JOSE PRECIOSO

  • G.R. Nos. 134963-64 September 27, 2001 - ALFREDO LONG and FELIX ALMERIA v. LYDIA BASA

  • G.R. No. 137676 September 27, 2001 - PEOPLE OF THE PHILIPPINES v. ATTY. ROBERTO DIONISIO

  • G.R. No. 144035 September 27, 2001 - PEOPLE OF THE PHIL. v. VICENTE M. BASQUEZ

  • A.M. No. P-00-1391 September 28, 2001 - LIBRADA D. TORRES v. NELSON C. CABESUELA

  • G.R. No. 122425 September 28, 2001 - FLORDELIZA H. CABUHAT v. THE HONORABLE COURT OF APPEALS

  • G.R. No. 124535 September 28, 2001 - THE RURAL BANK OF LIPA CITY, ET AL. v. HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 125154 September 28, 2001 - DIGNA VERGEL v. COURT OF APPEALS and DOROTEA-TAMISIN GONZALES

  • G.R. No. 125442 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. FERNANDO ARELLANO y ROBLES

  • G.R. No. 127232 September 28, 2001 - GOLDENROD v. HONORABLE COURT OF APPEALS and PATHFINDER HOLDINGS (PHILIPPINES)

  • G.R. No. 127241 September 28, 2001 - LA CONSOLACION COLLEGE, ET AL. v. NLRC , ET AL.

  • G.R. No. 134128 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. GERARDO DE LAS ERAS y ZAFRA

  • G.R. No. 134928 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. FILOMENO BARNUEVO. ET AL.

  • G.R. Nos. 140789-92 September 28, 2001 - THE PEOPLE OF THE PHILIPPINES v. ALIPIO CARBONELL and DIONISIO CARBONELL

  • G.R. No. 145371 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. BEN AQUINO and ROMEO AQUINO

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    G.R. No. 137612   September 25, 2001 - PEOPLE OF THE PHILIPPINES v. FRANCISCO ANTINERO BERIARMENTE

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 137612. September 25, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FRANCISCO ANTINERO BERIARMENTE, Accused-Appellant.

    D E C I S I O N


    YNARES-SANTIAGO, J.:


    This is an appeal from the Decision of the Regional Trial Court of Barili, Cebu, Branch 60, in Criminal Case No. CEB-BRL-190, the dispositive portion of which reads:chanrob1es virtual 1aw library

    JUDGMENT is therefore rendered on the basis of the weight of the dried marijuana which is 1,500 grams, and pursuant to Republic Act 6425, Sec. 4, Article II, Accused, Francisco A. Beriarmente, is hereby sentenced to suffer the penalty of RECLUSION PERPETUA and to pay a fine of Five Hundred Thousand Pesos (P500,000.00) which is the minimum. The Provincial Prosecutor is directed to turn over the marijuana leaves, subject of the case, to the Court within ten (10) days from receipt of this Decision.

    SO ORDERED. 1

    The prosecution’s evidence showed that in the early morning of July 20, 1997, SPO2 Orlando Caballero, who was assigned at the Badian Police Station, was informed by a police informant that a certain person, later identified as the accused-appellant Francisco Beriarmente, was looking for buyers of a sack of marijuana plants.

    At about the same time, a certain Randy Sinarlo was visiting with relatives in Badian, staying in the house of his uncle, SPO2 Marcial Sinarlo, who also happened to be detailed at the Badian Police Station. He overheard the informant’s story about a person selling a sack of marijuana. He was convinced by his policeman uncle to pose as a buyer so they could arrest the prospective seller, who had been under surveillance for about a month.

    Randy Sinarlo acceded and followed the instructions given him. First, he went with the informant to a restaurant owned by a certain Ferdinand Sabanal at the public market. After several drinks, he was introduced to accused Francisco Beriarmente. Together they rode on a tricycle, taking Sawang Street to the provincial road, stopping and alighting at the house of one Boy Bebelone. They were followed by SPO2 Caballero, SPO2 Marcial Sinarlo and other policemen.

    In front of Boy Bebelone’s house, Accused Beriarmente handed over to Randy Sinarlo a straw sack that Beriarmente had picked up from a house along Sawang Street. As soon as the policemen saw the sack change hands, they arrested accused Beriarmente. They examined the contents of the sack and concluded that it contained marijuana plants, prompting them to confiscate the same. They then brought accused Beriarmente to the police station.

    A bundle of the plants weighing 1,500 grams was subjected to scientific analysis at the PNP Crime Laboratory for Region 7. Police Inspector Mutchit Salinas, forensic analyst, submitted a report 2 certifying that the sample or specimen composed of one (1) bundle of fresh stalks, leaves, buds and seeds weighing 1,500 grams were indeed marijuana plants.

    The prosecution witnesses identified accused Francisco Beriarmente in open court as the person who sold and handed over the sack of marijuana plants to witness Randy Sinarlo. The latter also identified the sack and its contents, which SPO2 Caballero had placed inside a plastic container, as the very same sack and marijuana plants that the accused sold and gave to him.

    For his part, Accused Beriarmente professed his innocence, testifying that on said occasion, he went to Badian not to sell a sack of marijuana plants, but to buy corn grits from a certain Tining. It was while he was inside the store of Tining that he was hailed by his cousin-in-law, Roel Beona, who invited him for a round of drinks. They proceeded to the restaurant of Ferdinand Sabanal, and when he was already feeling intoxicated, Roel Beona introduced him to Randy Sinarlo.

    He was instructed by Roel Beona to get a sack from a certain Rosita and Mercado at a house along Sawang Street and to deliver said sack to the NFA Milling. He and Randy Sinarlo then rode a tricycle and he fetched the sack from Rosita as instructed. Without knowing the contents of the sack, he gave the same to Randy Sinarlo. On the way to the NFA area, they were intercepted by the police and he was arrested, while Randy Sinarlo was not apprehended. He was brought to the municipal building where the police tried to interrogate him. However, since the lawyer they assigned to him did not show up, the investigation did not push through. Thereafter, he was incarcerated in the municipal jail.

    On September 18, 1997, the following Information was filed before the RTC of Barili, Cebu, Branch 60:chanrob1es virtual 1aw library

    That on the 20th day of July 1997 at 10:00 o’clock in the morning, more or less, at Barangay Poblacion, Municipality of Badian, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, without authority of law, did then and there willfully, unlawfully and feloniously have in his possession, custody and control One and One Half (11/2) Kilos of dried marijuana (subject of sale) weighing 1,500 grams, which when subjected to laboratory examination gave positive results for the presence of marijuana classified as a prohibited drug under the Dangerous Drugs Act of 1972 as amended.

    CONTRARY TO LAW. 3

    From the evidence and testimonies presented by the prosecution and the defense, the trial court culled the following conclusions:chanrob1es virtual 1aw library

    The testimony of witness Sinarlo to the effect that he pretended to buy marijuana (Indian Hemp) from the accused and that he accompanied him by riding on a trisikad in going to a house in Sawang, Badian, Cebu, to get the marijuana leaves and proceeded to the house of a certain Boy Bebelone, was clearly corroborated by the testimony of Patrolman Orlando Caballero. The testimony (sic) of both Sinarlo and Caballero is (sic) convincing and credible. The fact that the marijuana leaves were really marijuana was testified to and confirmed by Mutchit Salinas of the NBI laboratory.

    The version of the defense that he was innocent and that he did not know what was inside the sack is not convincing to the Court. It is improbable for one not to ask the person who was with him at the time what was the contents of the sack. He told the Court that he was just riding in the trisikad going to the house of a certain Bebelone as the wish of Randy Sinarlo that they will proceed there.

    The accused at the time of the arrest did not raise a single question as to why he is placed under arrest when he did not know what was inside the sack.

    Of the two (2) versions, the Court is inclined to believe that of the prosecution. The evidence of the prosecution is sufficient enough (sic) to sustain conviction. Positive testimony is superior and is more convincing than the denial by the accused himself.

    It is therefore the finding of this Court that the prosecution was able to prove the guilt of the accused beyond reasonable doubt. 4

    Accordingly, Accused Francisco Beriarmente was sentenced to suffer the penalty of reclusion perpetua and to pay a minimum fine of Five Hundred Thousand (P500,000.00) Pesos.

    Hence, this appeal, raising the following errors:chanrob1es virtual 1aw library

    I


    THE LOWER COURT ERRED IN CONVICTING THE ACCUSED WHEN IN TRUTH AND IN FACT THE PROSECUTION FAILED TO PRODUCE THE MONEY USED DURING THE BUY-BUST OPERATION

    II


    THE LOWER COURT ERRED IN CONVICTING MUCH WEIGHT AND CREDENCE TO THE ALLEGATION OF THE PROSECUTION WITNESSES THAT THE ACCUSED WAS UNDER SURVEILLANCE FOR ONE MONTH BEFORE ITS ARREST WHEN THE PROSECUTION FAILED TO PRODUCE ANY SURVEILLANCE REPORT TO SUPPORT SAID ALLEGATION.

    III


    THE LOWER COURT ERRED IN CONVICTING ACCUSED OF VIOLATION OF SEC. 4 OF RA 6425, AS AMENDED BEYOND REASONABLE DOUBT.

    After a thorough and careful review of the records of this case, we find that the guilt of the accused was sufficiently established by the evidence, and the trial court’s judgment is well-supported by law and jurisprudence. We shall discuss the issues raised in this appeal to erase any doubt that the trial court may have erred in finding the appellant guilty of the crime charged.chanrob1es virtua1 1aw 1ibrary

    The first issue refers to the buy-bust operation that was conducted by the police operatives to entrap the Accused-Appellant. He argues that there was no trial buy-bust operation because: (1) there was no trial buy-bust operation to validate the suspicion that accused was really engaged in the sale of illegal drugs; (2) the poseur-buyer used his own money to purchase the marijuana plants, not marked money; and (3) no marked money was presented as evidence in court.

    The argument lacks merit. It is well-established that in the prosecution for the sale of illegal drugs, what is important is the fact that the poseur-buyer received the goods from the accused-appellant and the same was presented as evidence in court. 5 Neither is there a rule of law which requires that there must be a simultaneous exchange of the marked money and the prohibited drug between the poseur-buyer and the pusher. 6

    There is also no rule that requires the police to use only marked money in buy-bust operations. In fact, this Court has ruled that the failure to use marked money or to present it in evidence is not material since the sale cannot be essentially disproved by the absence thereof. 7 The non-presentation of the marked money does not create a hiatus in the evidence for the prosecution as long as the sale of the illegal drugs is adequately established and the substance itself is presented before the court. 8

    Likewise, there is no merit in accused-appellant’s proposition that there must first be a test or trial buy-bust operation just to ascertain that the accused-appellant is really selling marijuana. In the case of People v. Tranca, 9 this Court held that there is no rigid or textbook method of conducting buy-bust operations. It is of judicial notice that drug pushers sell their wares to any prospective customer, stranger or not, in both public or private places, with no regard for time. They have become increasingly daring and blatantly defiant of the law. 10 Thus, the police must be flexible in their operations to keep up with the drug pushers. Practice buy-bust operations will not only hinder police efforts to apprehend drug pushers, but would even render them inutile as these would only forewarn the drug pushers.

    There is no question that the buy-bust operation conducted by the police in the case at bar was proper. There is no showing of irregularity in the conduct of the same. Consequently, the arrest of accused-appellant, though warrantless, falls squarely under Rule 113, Section 5(a) of the Rules of Court, which provides that a peace officer or private person may make an arrest, without a warrant, when the person to be arrested has committed, is actually committing, or is attempting to commit an offense, in his presence. The accused-appellant was caught in flagrante delicto as a result of a buy-bust operation conducted by the police on the basis of information received from a police asset that the accused-appellant was looking for a buyer. His arrest, therefore, was lawful and the sack of marijuana plants confiscated from him were admissible in evidence, being the fruits of the crime. 11

    On the second issue, the accused-appellant points out that there was no evidence that he was under surveillance for one (1) month before he was arrested. He stresses that there was no surveillance report nor entry in any logbook to prove that he was engaged in the illegal drug trade.

    Again, we find no merit in this contention. In People v. Ganguso, 12 we held that prior surveillance is not a prerequisite for the validity of an entrapment or buy-bust operation. In the instant case, while the police testified that they had been observing the suspicious moves of the accused-appellant for about one (1) month, the same is not negated by the absence of a surveillance report. When an informant gave positive news that the accused-appellant was looking for a buyer, the police had to act fast. When time is of the essence, the police may dispense with the need for prior surveillance. 13 Thus, the absence of a surveillance report has no relevance to the validity of the arrest of the Accused-Appellant.

    Thirdly, the accused-appellant argues that the trial court erred in not giving credence to his testimony. In fact, his only defense was that he did not know that the sack he handed over to the poseur-buyer contained marijuana plants. According to him, he was just doing his cousin-in-law, Roel Beona, a favor when he fetched the sack from a certain Rosita before giving it to the poseur-buyer. He argues that his good faith is proof of his innocence which should have raised reasonable doubt in his favor. We do not agree.

    The crime under consideration is mala prohibita, and therefore, the lack of criminal intent and good faith are not exempting circumstances. 14 Consequently, the accused-appellant’s contention that he did not know that the sack he handed over to the poseur-buyer contained marijuana plants is not a valid defense. Mere possession and/or delivery of a prohibited drug, without legal authority, is punishable under the Dangerous Drugs Act. 15

    Besides, bare denials are weak forms of defenses, especially in this case where the accused-appellant’s testimony was not substantiated by clear and convincing evidence. 16 The uncorroborated denial by the accused-appellant cannot prevail over the testimonies of the arresting officer and the poseur-buyer, who both testified on affirmative matters. 17chanrob1es virtua1 1aw 1ibrary

    Furthermore, there is no indication that the arresting team and the other prosecution witnesses were actuated by improper motives, prevaricating just to cause damnation to him. Thus, their affirmative statements proving accused-appellant’s culpability must be respected and must perforce prevail. 18

    Finally, we note that the accused-appellant was indicted and tried for violating Section 4, Article II of R.A. 6425, as amended by P.D. No. 1675, which provides:chanrob1es virtual 1aw library

    SECTION 4. Sale, Administration, Delivery, Distribution and Transportation of Prohibited Drugs. — The penalty of life imprisonment to death and a fine ranging from twenty thousand to thirty thousand pesos shall be imposed upon any person who, unless authorized by law, shall sell, administer, deliver, give away to another, distribute, dispatch in transit or transport any prohibited drug, or shall act as a broker in any of such transactions. . . .

    In particular, he was accused of willfully, unlawfully and feloniously having in his possession, custody and control one and one-half (1 ) kilos of dried marijuana He was convicted by the trial court thereof. Thus, even if there was no prior surveillance, no marked money, and no actual sale, his arrest and conviction is warranted for mere possession and/or delivery of marijuana, without legal authority which is punishable under the above-quoted law. 19

    WHEREFORE, in view of the foregoing, the Decision of the Regional Trial Court of Barili, Cebu, Branch 60 in Criminal Case No. CEB-BRL-190, finding accused-appellant Francisco A. Beriarmente, guilty beyond reasonable doubt of violation of Article II, Section 4 of R.A. 6425, and sentencing him to suffer the penalty of reclusion perpetua and to pay a fine of P500,000.00, is AFFIRMED in toto.

    SO ORDERED.

    Davide, Jr., C.J.; Puno, Kapunan, and Pardo, JJ., concur.

    Endnotes:



    1. Decision dated October 13, 1998. Rollo, p. 20.

    2. Physical Science Report No. C-14-18-97, Records, p. 18.

    3. Records, p. 1.

    4. Rollo, pp. 19-20.

    5. People v. Requiz, 318 SCRA 635, 644 (1999).

    6. People v. Doria, 301 SCRA 668, 703 (1999).

    7. People v. Cueno, 298 SCRA 621, 631-632 (1998).

    8. People v. Boco, 309 SCRA 42, 55-56 (1999) .

    9 235 SCRA 455, 463 (1994)

    10. People v. Requiz, supra.

    11. Espano v. Court of Appeals, 288 SCRA 558, 565-566 {1998).

    12. 250 SCRA 268. 278 (1995)

    13 People v. Lacbanes, 270 SCRA 193, 203 (1997).

    14. People v. Go Shiu Ling, 251 SCRA 379, 388 {1995).

    15. People v. Sy Bing Yok. 309 SCRA 28, 38 (1999).

    16. People v. Acuno, 313 SCRA 667, 681-682 (1999); People v. Tumoru, 319 SCRA 515, 528 (1999).

    17. People v. Mahunay, 307 SCRA 330, 347 11999).; People v. Acala, 307 SCRA 330, 347 (1999)

    18. People v. Basao, 310 SCRA 743, 767 (1999): People v. Raganas, 316 SCRA 457, 467 (1999); People v. Antonio, 303 SCRA 414, 427 (1999).

    19. People v. Sy Bing Yok, supra, p. 38.

    G.R. No. 137612   September 25, 2001 - PEOPLE OF THE PHILIPPINES v. FRANCISCO ANTINERO BERIARMENTE


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