62 - People v. Molina, 352 SCRA 174
62 - People v. Molina, 352 SCRA 174
62 - People v. Molina, 352 SCRA 174
3, Matina, Davao City, received an information WHEREFORE, finding the evidence of the prosecution alone
regarding the presence of an alleged marijuana pusher in without any evidence from both accused who waived
Davao City.[7] The first time he came to see the said presentation of their own evidence through their counsels,
marijuana pusher in person was during the first week of July more than sufficient to prove the guilt of both accused of
[G.R. No. 133917. February 19, 2001] 1996. SPO1 Paguidopon was then with his informer when a the offense charged beyond reasonable doubt, pursuant to
motorcycle passed by. His informer pointed to the Sec. 20, sub. par. 5 of Republic Act 7659, accused NASARIO
motorcycle driver, accused-appellant Mula, as the MOLINA and GREGORIO MULA, are sentenced to suffer a
pusher. As to accused-appellant Molina, SPO1 Paguidopon SUPREME PENALTY OF DEATH through lethal injection under
had no occasion to see him before the arrest. Moreover, the Republic Act 8176, to be effected and implemented as
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, names and addresses of the accused-appellants came to the therein provided for by law, in relation to Sec. 24 of Rep.
vs. NASARIO MOLINA y MANAMAT @ BOBONG and knowledge of SPO1 Paguidopon only after they were Act 7659.
GREGORIO MULA y MALAGURA @ arrested.[8]
BOBOY, accused-appellants.
At about 7:30 in the morning of August 8, 1996, SPO1 The Branch Clerk of Court of this court, is ordered to
Paguidopon received an information that the alleged pusher immediately elevate the entire records of this case with
DECISION the Clerk of Court of the Supreme Court, Manila, for the
will be passing at NHA, Ma-a, Davao City any time that
morning.[9] Consequently, at around 8:00 A.M. of the same automatic review of their case by the Supreme Court and
YNARES-SANTIAGO, J.:
day, he called for assistance at the PNP, Precinct No. 3, its appropriate action as the case may be.
Matina, Davao City, which immediately dispatched the team
To sanction disrespect and disregard for the of SPO4 Dionisio Cloribel (team leader), SPO2 Paguidopon SO ORDERED.[19]
Constitution in the name of protecting the society from (brother of SPO1 Marino Paguidopon), and SPO1 Pamplona,
lawbreakers is to make the government itself lawless and to to proceed to the house of SPO1 Marino Paguidopon where
subvert those values upon which our ultimate freedom and they would wait for the alleged pusher to pass by.[10] Pursuant to Article 47 of the Revised Penal Code and
liberty depend.[1] Rule 122, Section 10 of the Rules of Court, the case was
At around 9:30 in the morning of August 8, 1996, while elevated to this Court on automatic review. Accused-
For automatic review is the Decision[2] of the Regional the team were positioned in the house of SPO1 Paguidopon, appellants contend:
Trial Court of Davao City, Branch 17, in Criminal Case No. a trisikad carrying the accused-appellants passed by. At that
37,264-96, finding accused-appellants Nasario Molina y instance, SPO1 Paguidopon pointed to the accused- I.
Manamat alias Bobong and Gregorio Mula y appellants as the pushers. Thereupon, the team boarded
Malagura alias Boboy, guilty beyond reasonable doubt of their vehicle and overtook the trisikad. [11] SPO1 Paguidopon THAT THE MARIJUANA IS INADMISSIBLE IN EVIDENCE
violation of Section 8,[3] of the Dangerous Drugs Act of 1972 was left in his house, thirty meters from where the accused- FOR HAVING BEEN SEIZED IN VIOLATION OF
(Republic Act No. 6425), as amended by Republic Act No. appellants were accosted.[12] APPELLANTS CONSTITUTIONAL RIGHTS AGAINST
7659,[4] and sentencing them to suffer the supreme penalty UNREASONABLE SEARCHES AND SEIZURES;
of death. The police officers then ordered the trisikad to
stop. At that point, accused-appellant Mula who was holding
The information against accused-appellants reads: a black bag handed the same to accused-appellant II.
Molina. Subsequently, SPO1 Pamplona introduced himself as
That on or about August 8, 1996, in the City of Davao, a police officer and asked accused-appellant Molina to open
THAT ASSUMING IT IS ADMISSIBLE IN EVIDENCE, THE
Philippines, and within the jurisdiction of this Honorable the bag.[13] Molina replied, Boss, if possible we will settle
GOVERNMENT HAS NOT OTHERWISE PROVED THEIR
Court, the above-named accused, in conspiracy with each this.[14] SPO1 Pamplona insisted on opening the bag, which
GUILT BEYOND REASONABLE DOUBT; AND
other, did then and there willfully, unlawfully and revealed dried marijuana leaves inside. Thereafter,
feloniously was found in their possession 946.9 grams of accused-appellants Mula and Molina were handcuffed by the
dried marijuana which are prohibited. police officers.[15] III.