People v. Lagasca
REITERATIONFacts
The Antecedents: On March 27, 1985, NARCOM agents conducted a buy-bust operation in Dumaguete City based on reports of marijuana peddling. Pfc. Arthur Alcoran, acting as the poseur-buyer, approached a group of boys and signaled his intent to smoke. He gave a marked five-peso bill to accused Leslie Lagasca, who accepted it and handed Alcoran two sticks of cigarettes. Alcoran, suspecting them to be marijuana, apprehended Lagasca and brought him to the PC Headquarters, where the marked bill was recovered from Lagasca's pocket. The two sticks of cigarettes were later confirmed by forensic analysis to be positive for marijuana. Procedural History: Lagasca was charged with drug pushing in violation of Section 4, Article II of Republic Act No. 6425, as amended. He pleaded not guilty. The Regional Trial Court of Dumaguete City, Branch XL, found him guilty and sentenced him to life imprisonment, a fine of P20,000.00, and costs. The Petition: Accused Leslie Lagasca appealed the decision, assigning as errors the court a quo's finding that he was selling marijuana cigarettes and his conviction for violating the Dangerous Drugs Act.
Issue(s)
Whether the court a quo gravely erred in finding the accused-appellant selling marijuana cigarettes to Pfc. Arthur Alcoran. Whether the court a quo gravely erred in convicting the accused-appellant of violating Sec. 4, Art. II of the Dangerous Drugs Act of 1972, considering his minority at the time of the offense.
Ruling
The Supreme Court affirmed the judgment of the Regional Trial Court, finding the accused-appellant guilty of drug pushing. However, in view of the privileged mitigating circumstance of minority, the Court recommended to the President, through the Minister of Justice, that executive clemency be extended to the accused after he shall have served a term of imprisonment consistent with the ends of retributive justice and the objectives of the Dangerous Drugs Act.
Ratio Decidendi
On the issue of selling marijuana cigarettes: The Supreme Court found the assigned errors to be belied by the record. Pfc. Arthur Alcoran, the NARCOM agent who acted as the poseur buyer, categorically testified that Lagasca voluntarily sold him two sticks of marijuana cigarettes for five pesos. Alcoran's testimony was corroborated by Pat. Quindo and Sgt. Villamor. The Court found no reason to discredit their declarations. The Court also noted that Lagasca was not instigated or induced into selling the marijuana cigarettes; rather, the NARCOM agent employed ways and means of entrapping a malefactor in flagrante delicto, which is not a bar to prosecution and conviction. On the issue of conviction for violating the Dangerous Drugs Act, considering his minority: The Supreme Court held that the evidence on record sufficiently established that Lagasca gave two sticks of marijuana cigarettes to agent Alcoran for which he received a marked five-peso bill, thus fully supporting his conviction for drug pushing in violation of Section 4 of the Dangerous Drugs Act. The Court rejected the defense's allegation that the Trial Court should have considered Lagasca to have violated Section 8, Article II of the Dangerous Drugs Act (Illegal Possession of Prohibited Drugs). The Court noted that Lagasca's Certificate of Birth showed he was born on September 6, 1967, making him 17 years, 6 months, and 21 days old at the time of the offense. Ordinarily, he would be entitled to the privileged mitigating circumstance of minority under Article 68 of the Revised Penal Code. However, because Presidential Decree No. 1675, amending Republic Act No. 6425, imposes "life imprisonment to death" for the sale of prohibited drugs, he is not entitled to an indeterminate sentence. Nevertheless, the Court recommended that executive clemency be extended to him.
Main Doctrine
The Supreme Court affirmed the conviction for drug pushing under Section 4, Article II of R.A. No. 6425, as amended, despite the accused's minority, due to the penalty imposed by P.D. No. 1675. However, it recommended executive clemency.