David v.
People G.R. No. 181861, October 17, 2011 FACTS:
On June 29, 2003 at around 1PM the Intelligence Operative of Concepcion Police Station, Concepcion, Tarlac descended upon L. Cortez St., Brgy. San Jose, Concepcion, Tarlac to conduct a search with a warrant upon the house of Raul David accompanied by Brgy. Captain Antonio Cannono and found six (6) sachets of marijuana and three (3) plastic sachets of a substance identified as methamphetamine HCL on top of a locked aparador. At the time the appellant was two meters away in the sala, photographs of seized items were taken and inventoried and signed by Brgy. Captain Cannono
Apellant was then charged with violation of Section 11, Art. II, of RA 9165 for f or illegall y possessing 3.865 grams of marijuana and 0.327 grams of methamphetamine HCL. The RTC Branch 66, Capas, Tarlac sentenced the accused to imprisonment of 12 years and 1 day as minimum to 14 years as maximum and a fine of PHP 300,000. On appeal, the CA affirmed the decision of the lower court but modified penalty to imprisonment of 12 years and 1 day as minimum to 14 years as maximum and a fine of PHP 300,000 for the illegal possession of marijuana and imprisonment of 12 years and 1 day as minimum to 14 years as maximum and a fine of PHP 300,000 for illegal possession of shabu.
ISSUE:
Did the CA err in affirming with modifications the decision of the RTC?
RULING :
No, the Court ruled that in all criminal prosecutions for possession of dangerous drugs to prosper, the following elements must be present: (1) the offender is in possession of an item or object that is prohibited or regulated, (2) that such possession is no authorized by law and (3) that possession is freely and consciously done. Such were present when PO3 Flores found the six sachets of marijuana and 3 sachets of shabu on top of the aparador and affirmed by Brgy. Captain Cannono when he affixed his signature in the certificate of good search. However, the Court applied the principle that penal statutes are construed in favor of the accused against the state and so affirms the single penalty imposed by the RTC and sets aside the modified penalty imposed by the CA, therefore, the accused is sentenced to imprisonment of 12 years and 1 day as minimum to 14 years as maximum and a fine of PHP 300,000 for the illegal possession of marijuana and shabu.
Petition is denied.
