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FIRST DIVISION

G.R. No. 94644 August 17, 1993

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. MICHAEL ALEJANDRO y MARIANO, Accused-Appellant.

CRUZ, J.:

Michael Alejandro was convicted of violating Section 4, Article II of Republic Act no. 6425 as amended, otherwise known as the Dangerous Drugs Act, and sentenced to life imprisonment and a fine of P20,000.00 plus the
costs. ¹In this appeal, he asks for the reversal of his conviction or at least the reduction of his penalty in the interest of the justice and equity."chanrobles virtual law library

The evidence for the prosecution consisted mainly of the testimonies of the NARCOM operatives who conducted the buy-bust operation that led to the appellant's arrest and prosecution. ²chanrobles virtual law library

That evidence showed that about half past five in the afternoon of June 4, 1989, a confidential informer reported to Sgt. Amos Foncardas at the NARCOM Headquarters in Calarian, Zamboanga City, that the appellant was selling marijuana on Natividad St., Tetuan, Zamboanga City. Acting on this information, the Commanding Officer, P/Major Claudio Cabayacruz, organized a surveillance and buy-bust team with Sgt. Foncardas as leader and CIC Bonifacio Morados and C2C Vicente Estillote as members. ³chanrobles virtual law library

Upon arrival of the team at the target area, the informer pointed to Alejandro, who was standing near the Anaud Store at Natividad St., as the drug trafficker. Foncardas forthwith told the informer to leave and instructed Morados to pose as buyer, furnishing him for this purpose with a marked P5.00 bill with serial number SN-LL742686. ⁴chanrobles virtual law library

Morados approached Alejandro and asked him in chavacano: "Tiene ba quita alli?" (Do you have anything there?) The latter answered: "Tiene aqui valor de P5.00 lang de marijuana. (I have here worth only P5.00 of marijuana.) Morados then said: "Saca yo se, compra yo conose." (I will take that, I will buy it.) ⁵chanrobles virtual law library

Alejandro thereupon took from the right pocket of his shirt an object wrapped in the piece of newspaper and handed it to Morados. After opening the parcel and finding what appeared to be dried marijuana leaves with three rolling papers, Morados gave the marked money to Alejandro. He then gripped Alejandro's right hand, identified himself as a NARCOM agent, and placed his quarry under arrest. ⁶chanrobles virtual law library

Foncardas and Estillote, who were about ten meters away from the two, rushed to assist Morados. Foncardas retrieved the marked money from Alejandro and received the wrapped parcel from Morados. The team then took the accused to the NARCOM headquarters at Calarian, Zamboanga City. ⁷chanrobles virtual law library

Custody to the accused, together with the seized parcel and the marked money, was turn over to NARCOM Investigator Norberto Francia. Francia prepared an Investigation Report, ⁸Booking Sheet and Arrest Report, ⁹and a written request addressed to the PC Crime Laboratory for the examination of the contents of the seizal parcel. ¹⁰chanrobles virtual law library

Athena Elisa P. Anderson, the forensic chemist of the PC Crime Laboratory, subjected the contents of the parcel to physical, micro-chemical and confirmatory or duoquinois test and found them positive for marijuana. Her findings were embodied in her Official Dangerous Drugs Report, ¹¹which was offered as an exhibit along with the marijuana and affirmed by her at the trial. ¹²chanrobles virtual law library

The accused denied the charged against him and gave a different version of the incident. He claimed that in the afternoon of June 4, 1989, he had gone on orders of his father to buy fish at the public market on Falcatan St. On his way home, someone driving a motorcycle blocked his way and immediately handcuffed him. The bicycle he was riding fell to the ground, spilling the fish he had bought. He was then brought to the NARCOM headquarters. at Calarian by several men who said they were NARCOM agents. ¹³chanrobles virtual law library

Abraham Narag and Norberto Feliciano testified that they were at the Anaud Store and witnessed Alejandro's arrest. They also saw his parents standing on the other side of the street across the store, only about two meters away from their son. Alejandro's father later picked up the fish that were scattered on the street. ¹⁴chanrobles virtual law library

Alejandro swore that at the police headquarters, the NARCOM agent took his wallet from his pocket and laid his money on the table. They then placed a P5.00 bill on top, telling him it was the marked money. The accused denied ownership of the bill but the agents insisted that it was his. The policemen later returned his money but retained the marked bill. ¹⁵chanrobles virtual law library

Going over the appellant's brief, the Court notes that it does not point to any error committed by the trial court. It simply hints, and rather vaguely at that, that the evidence may have been "planted" on Alejandro and points to newspaper reports of abuses committed by the police who "blackmail and profit from their alleged suspects." No evidence of this charge is offered. The brief is practically an admission of guilt. The appellant is in effect throwing himself at the mercy of this Court and praying that the original sentence "be reduced to make itself more palatable to reason."chanrobles virtual law library

An appeal in criminal cases throws the whole case wide open for review and empowers (indeed obligates) the appellate court to correct such errors as may be found in the appellate court the appealed judgment even if they have not been assigned. ¹⁶However, a careful study of the record yields no compelling reason for a reversal of the respondent court. The prosecution has adequately established that the accused was caught in the act of selling P5.00 worth of marijuana in violation of the Dangerous Drug Act.chanroblesvirtualawlibrarychanrobles virtual law library

The appellant's claim that he was a victim of the frame-up is not convincing. It has not been shown that the NARCOM agents planted evidence on him in order to extort money from him or to exact personal vengeance or to harass him or to just strengthen an otherwise weak case. ¹⁷This defense, like alibi, is inherently weak, as easy to fabricate as it difficult to prove.chanroblesvirtualawlibrarychanrobles virtual law library

Alejandro's denial cannot prevail against his positive identification as the marijuana peddler. As a mere negative self-serving averment, his defense cannot have heavier evidentiary weight than the sworn declarations of the police officers who testified affirmatively on his sale of the prohibited drugs.chanroblesvirtualawlibrarychanrobles virtual law library

The trial court considered it significant that when the appellant was blocked and handcuffed, he did not even make any protest or outcry. We have noted this too. No less strangely, his parents who, according to the appellant and his witnesses, were only two meters away from him, did not even bother to ask the policemen why their son was being arrested. There was no explanation for this odd indifference. The parents were not even presented as witnesses to corroborate their son.chanroblesvirtualawlibrarychanrobles virtual law library

We come now to the appellant's contention that the penalty of life imprisonment imposed upon him for the sale of five pesos worth of marijuana is excessive and grossly disproportionate to the offense, to the extent of being cruel and unjust. He asks that the penalty be reduced if he cannot be acquitted.chanroblesvirtualawlibrarychanrobles virtual law library

The law imposes the penalty of life imprisonment to death and a fine ranging from P20,000.00 to P30,000.00 regardless of the amount involved in the sale of prohibited drugs. ¹⁸This is not cruel punishment. It is settle that "it takes more than merely being harsh, excessive, out of proportion, or severe for a penalty to be obnoxious to the Constitution" as it may that it was prescribed to prevent or discourage the proliferation of crimes that are especially hurtful to the public interest.chanroblesvirtualawlibrarychanrobles virtual law library

As Justice Tuason said in People v. Estoista: ¹⁹

. . . The rampant lawlessness against property, person, and even the very security of the Government, directly traceable in large measure to promiscuous carrying the use of powerful weapons, justify imprisonment which in normal circumstances might appear excessive. If prisonment from 5 to 10 years is out of proportion to the present case in view of certain circumstances, the law is not to be declared unconstitutional for this reason.

xxx xxx xxxchanrobles virtual law library

It takes more than merely being harsh, excessive, out of proportion, or severe for a penalty to be obnoxious to the Constitution. "The fact that the punishment authorized by the statute is severe does not make it cruel and unusual." (24 C.J.S., 1187-1188.) Expressed in other terms, it has been held that to come under the ban, the punishment must be "flagrantly and plainly oppressive," "wholly disproportionate to the nature of the offense as to shock the moral sense of the community." (Idem.) Having in mind the necessity for the radical measure and the public interest at stake, we do not believed that five years' confinement for possessing firearms, even as applied to appellant's and similar cases, can be said to be cruel and unusual, barbarous, or excessive to the extent of being shocking to public conscience.

A similar justification was made in People v. De la Cruz, ²⁰where the penalty of six months imprisonment and a fine P2,000.00 was imposed for profiteering because the offense was specially inimical to the national economy and the consuming public, and in People v. Dionisio, ²¹where a "bookie" was sentenced to one month imprisonment and the penalty, although disproportionate to the offense, was sustained by this Court on the ground that "the social scourge of gambling must be stamped out."chanrobles virtual law library

There is no question that the illicit distribution of drugs is one of the most serious problems of our society and that nothing less than the most determined efforts are needed to combat it. The stern penalties prescribed by the Dangerous Drugs Act are intended to deter the aggravation of this problem, which has already prejudiced the lives and the future of thousands of our people, especially the youth. The persons who peddle prohibited drugs are, as described in one decision, ²²"evil merchants of misery and death." The penalties imposed on them are neither cruel nor inhuman but totally condign, if not in fact even inadequate.chanroblesvirtualawlibrarychanrobles virtual law library

WHEREFORE, the appealed judgment is AFFIRMED and the appeal DISMISSED, with costs against the appellant.chanroblesvirtualawlibrarychanrobles virtual law library

SO ORDERED.

Griño-Aquino, Davide, Jr., Bellosillo and Quiason, JJ., concur.

Endnotes:

1 Decided by Judge T. Hamoy; Rollo, p. 13.chanrobles virtual law library

2 TSN, July 24, 1989, pp. 2-24, Sgt. Bonifacio Morados; September 20, 1989, pp.
2-9, Sgt. Amos Foncardas; September 20, 1989, pp. 25-32, Sgt. Norberto Francia.chanrobles virtual law library

3 TSN, July 24, 1989, pp. 4-6; Sept. 20, 1989, p. 3.chanrobles virtual law library

4 TSN, July 24, 1989, pp. 7-10; 20, 1989, p. 4; Exh. "A."

5 TSN, September 6, 1989, p. 20.chanrobles virtual law library

6 TSN, July 24, 1989, pp. 11-15.chanrobles virtual law library

7 TSN, July 24, 1989, pp. 18-19; September 20, 1989, pp. 5-6.chanrobles virtual law library

8 Exhibit "I."

9 Exhibit "H."

10 Exhibit "C."

11 Exhibit "E."

12 TSN, September 6, 1989, pp. 51-53.chanrobles virtual law library

13 TSN, November 8, 1989, pp. 4-7, 10.chanrobles virtual law library

14 TSN, October 25, 1989, pp. 5-11, 32, 35, 38-39.chanrobles virtual law library

15 TSN, November 8, 1989, pp. 10-11.chanrobles virtual law library

16 Regalado, Remedial Law Compendium, 1988 Ed., Vol. 2, p. 405 citing: People vs. Geredias, et al. (CA) 51 OG. 4614; People v. Borbano, 76 Phil. 702; Villareal v. People, 84 Phil. 264.chanrobles virtual law library

17 TSN, November 8, 1989, p. 15.chanrobles virtual law library

18 Section 4, Article II, Republic Act No. 6425 as amended; People vs. de Guzman, 188 SCRA 407; People v. Bati, 189 SCRA 97; People v. Garcia, 198 SCRA 603; People v. Celiz, 214 SCRA 255; People v. Labra, 215 SCRA 822.chanrobles virtual law library

19 93 Phil. 647.chanrobles virtual law library

20 92 Phil. 906.chanrobles virtual law library

21 22 SCRA 1299.chanrobles virtual law library

22 People v. de Guzman, supra.