Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1984 > January 1984 Decisions > G.R. No. L-66161 January 30, 1984 - PEOPLE OF THE PHIL. v. ELMER P. NILLOS:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. L-66161. January 30, 1984.]

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ELMER NILLOS y PALSARIO, Accused-Appellant.

The Solicitor General for Plaintiff-Appellee.

Hector Velez for Accused-Appellant.


SYLLABUS


1. REMEDIAL LAW; EVIDENCE; PROOF BEYOND REASONABLE DOUBT; JUDGMENT OF CONVICTION SUSTAINED NOT ONLY BY EXTRAJUDICIAL CONFESSION BUT ALSO BY TESTIMONIES OF WITNESSES. — The appellate decision found without basis the contention of the appellant that his sworn statement before the Constabulary Anti-Narcotics Unit or CANU was secured through force. We note that even if this extrajudicial confession is completely disregarded, there is more than enough evidence to sustain a judgment of conviction. The testimonies of prosecution witnesses Camilo L. Gonzales, Domingo S. Bolivar, Vicente Palacios, Enrique Garcia, Generoso Dangca, and Luena Layador proved beyond reasonable doubt the accused-appellant’s guilt of the offense charged. The accused-appellant himself admits that he was carrying 37 match boxes of dried marijuana leaves although he claims that he was bringing them to the CANU informer for analysis and not selling them to him. This uncorroborated story was correctly found incredible.


D E C I S I O N


GUTIERREZ, JR., J.:


Accused-appellant Elmer Nillos was found guilty beyond reasonable doubt of violating Section 4, Article Two of Republic Act No. 6425 as amended and was sentenced by the Court of First Instance of Negros Occidental to imprisonment of twelve (12) years and one (1) day of reclusion temporal as minimum to reclusion perpetua as maximum, to pay a fine of P20,000.00 and to shoulder the costs.chanrobles.com : virtual law library

Nillos appealed the decision to the Court of Appeals. In a decision dated November 18, 1983, the Intermediate Appellate Court affirmed the findings of the trial court but corrected the penalty imposed on the appellant. Noting that the penalty under Section 4 of the Dangerous Drugs Act of 1972 as amended by P.D. No. 1675 is life imprisonment to death and a fine ranging from P20,000.00 to P30,000.00, the Intermediate Appellate Court modified the penalty and raised it to life imprisonment.

Pursuant to the rule enunciated in People v. Daniel (86 SCRA 511), the Intermediate Appellate Court transmitted the case to us for review as a matter within our exclusive appellate jurisdiction.

We have carefully reviewed the entire records of this appeal. We find correct the factual findings and conclusions of law embodied in the decision penned by Justice Emilio A. Gancayco and concurred in by Justices Isidro C. Borromeo and Lorna S. Lombos-Dela Fuente. We, therefore, adopt the said decision in toto and append it as an integral part of this decision.

The appellate decision found without basis the contention of the appellant that his sworn statement before the Constabulary Anti-Narcotics Unit or CANU was secured through force. We note that even if this extrajudicial confession is completely disregarded, there is more than enough evidence to sustain a judgment of conviction. The testimonies of prosecution witnesses Camilo L. Gonzales, Domingo S. Bolivar, Vicente Palacios, Enrique Garcia, Generoso Dangca, and Luena Layador proved beyond reasonable doubt the accused-appellant’s guilt of the offense charged.

The accused-appellant himself admits that he was carrying 37 match boxes of dried marijuana leaves although he claims that he was bringing them to the CANU informer for analysis and not selling them to him. This uncorroborated story was correctly found incredible.chanrobles virtualawlibrary chanrobles.com:chanrobles.com.ph

WHEREFORE, we affirm the judgment of conviction imposed upon Elmer Nillos and sentence him to suffer the penalty of reclusion perpetua and to pay a fine of P20,000.00 and costs. The 37 match boxes of marijuana leaves shall be disposed of in accordance with law.

SO ORDERED.

Teehankee (Chairman), Melencio-Herrera, Plana and Relova, JJ., concur.

ANNEX "A"

REPUBLIC OF THE PHILIPPINES

INTERMEDIATE APPELLATE COURT

MANILA.


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