PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOHN PELOTIN AND WILLIAM DOMINGO, DEFENDANTS-APPELLANTS.

The rampant peddling of marijuana and other prohibited drugs in
school premises must be a cause for alarm. 
Thus, the apprehension of those actively trafficking in these instruments
of destruction should be relentlessly pursued. 
The case now before this court is one of such apprehensions.  It deserves prior attention.

At about four o’clock in the afternoon of August 9, 1982, Ephraim
Englis, an applicant for the Integrated National
Police, upon instruction of Sgt. Mamerto Martinez,
team leader of the Special Operation Group of the PHQ, conducted a surveillance
at the Ramon Magsaysay Memorial Colleges in General
Santos City due to reports of use of marijuana by many students.  He talked to some students and pretended to
be a buyer of marijuana.  One of the
students pointed to William Domingo as one of those pushing marijuana.  He approached Domingo and asked if he had
stocks with him for sale.  Domingo
replied that the price was P20.00 per box or P30.00 if he will buy two boxes. 
Englis agreed to buy two boxes.  As he had no stock with him then, Domingo
told Englis to meet him at the corner of Recto-Laurel
Streets, General Santos
City, at six
o’clock in the evening of that day with the money.

At about six oclock in the evening at the agreed
place, a tricycle marked as “Pelotin Family” arrived
with Domingo as passenger.  It stopped in
front of Englis. 
Domingo gave two matchboxes of dried marijuana leaves to Englis who thereafter gave him P30.00.  Domingo left immediately.  Englis gave a
signal to Sgt. Martinez and his companions, who were posted about twenty meters
away at Claro M. Recto St.
Martinez started their jeep and picked up Englis.  Thereafter,
they chased the tricycle which proceeded towards the plaza.

They overtook the tricycle. 
Martinez asked the driver,
John Pelotin, where his companion was.  Pelotin pointed to
Domingo who was five to ten meters away. 
Englis approached Domingo whom he identified
as the person who handed him the two matchboxes of marijuana.  They brought Pelotin
and Domingo to the PC Barracks for investigation.

During the custodial interrogation, after having been appraised
of their constitutional rights, Pelotin and Domingo executed extrajudicial confessions.^[1]
Domingo admitted that the marijuana
which he gave Englis came from a certain person from Bansalan, Davao del Sur, to be disposed of in General Santos City.  He likewise stated that
he encouraged his friends Jimmy Pelotin, Ronald
Gregorio and Nilo Gonzaga
to smoke marijuana.  Sgt. Martinez showed
Domingo the two matchboxes full of dried marijuana leaves which the latter gave
to Englis and Domingo identified the same.  Thus Martinez issued to Domingo a receipt for the two
boxes which reads:

“TO WHOM IT MAY CONCERN:

THIS IS TO CERTIFY
that I, Sgt. Mamerto Martinez PC have this date
seized two (2) matchboxes filled with dried marijuana from the possession of
William Domingo at about 6:00
o’clock in the evening, General
Santos City.

Done this 9th day of
August, 1982, at General
Santos City, Philippines.”

(SGD) TSG MAMERTO MARTINEZ
PC

Team Leader SOG

CONFORME:

(SGD) WILLIAM DOMINGO

Owner of Marijuana

WITNESSES:

(1)  
DOMINADOR BENTULAN

(2)  
(SGD) illegible

MIKE ODI JR.”^[2]

The two matchboxes of marijuana were then indorsed to the PC
Laboratory in Davao
City for laboratory examination by
Lt. Zenaida S. Sabio,
forensic chemist.  Thereafter, she
submitted Chemistry Report No. D-082-82^[3]
wherein it appears that after conducting a dangerous drug test she found the
leaves confiscated from Domingo to be positive for marijuana.

It was learned in the course of the investigation that at about six o’clock
in the evening of August 5, 1982,
Domingo and John Pelotin met Jimmy Pelotin, Gregorio and Gonzaga in
front of a store in Barrio Obrero.  Domingo
brought out from his pocket a matchbox containing dried marijuana leaves.  Domingo then prepared a marijuana cigarette,
lighted it and passed it around.  After
one stick was consumed, Domingo lighted another stick.  Gregorio and Gonzaga
stated that after smoking the cigarette, they felt hot and weak.  When they asked Domingo what they
were smoking, Domingo told them that they were smoking marijuana leaves.  Ronald Gregorio and Nilo
Gonzaga further admitted that the same incident
happened in the same place in the
evening of August 8, 1982.

In due course, an information was filed in the Regional Trial
Court of South Cotabato and General
Santos City
charging William Domingo for violation of Section
4 of Republic Act No. 6425, as amended by P.D. No. 44 and
Batas Pambansa No. 179, committed as follows:

“That about 6:00 in the
evening of August 9, 1982 or
sometime prior thereto at corner C.M. Recto-Laurel Streets, General Santos City, Philippines and within the
jurisdiction of this Honorable Court, the above-named accused, having in his
possession and control two matchboxes
of shredded dried marijuana leaves, and without being authorized by law, did
then and there wilfully, unlawfully and feloniously sell said
matchboxes of the prohibited drug to prospective buyers and in the act of
selling the same, he was apprehended.” (Page 17, Rollo)

In another information that was filed in the same court, William
Domingo, John Pelotin, Ronald Gregorio and Nilo Gonzaga were charged with
violation of Paragraph 2, Section 8 of Republic Act No. 6425, as amended by
P.D. No. 1683 and Batas Pambansa Blg.
179, to wit:

“FIRST COUNT:

“About 9:30 in the
evening of August 5, 1982,
at Bo. Obrero, General Santos City, Philippines and
within the jurisdiction of this Honorable Court, the above-named accused, without being authorized by the law, did then and
there wilfully, unlawfully and feloniously use
Indian hemp by smoking sticks of marijuana
cigarettes during their pot session.

“SECOND COUNT:

“About 9:30 in the
evening of August 8, 1982 at
Bo. Obrero, General Santos City, Philippines, and
within the jurisdiction of this Honorable Court, the above-named accused,
without being authorized by the law,
did then and there wilfully, unlawfully and
feloniously use Indian hemp by smoking sticks of marijuana cigarettes during their pot session.”
(Page 19, Rollo)

Jimmy Pelotin remained at large, while Ronald Gregorio and Nilo Gonzaga were discharged to
be witnesses for the prosecution.  The criminal
cases proceeded against William Domingo and John Pelotin.

Both cases were jointly tried and after the trial on the merits,
a decision was rendered by the trial court on May 12, 1983, the dispositive
part of which reads as follows:

“ACCORDINGLY, finding:

1. JOHN PELOTIN AND WILLIAM DOMINGO guilty of VIOLATION OF
PARAGRAPH 2, SECTION 8, of REPUBLIC ACT NO. 6425, as AMENDED BY PRESIDENTIAL
DECREE NO. 1683 and BATAS PAMBANSA BILANG 179 in CRIMINAL CASE NO. 2718, they
are hereby sentenced to an indeterminate penalty of FOUR (4) YEARS of PRISION
CORRECCIONAL in its medium period
as the MINIMUM to EIGHT (8) YEARS and ONE (1) DAY OF PRISION MAYOR in its
medium period as the MAXIMUM, to pay a fine of P3,000.000, without subsidiary
imprisonment in case of insolvency, and to pay the costs.  Credited in their favor is the full period during which they
were undergoing preventive imprisonment in the City Jail during the pendency of this case.

2. WILLIAM DOMINGO guilty of VIOLATION OF SECTION 4 OF REPUBLIC ACT
NO. 6425, as AMENDED BY PRESIDENTIAL DECREE NOS. 44 and 1683 in CRIMINAL CASE
NO. 2716, he is hereby sentenced to RECLUSION PERPETUA, to pay a fine of
P20,000.00, without subsidiary imprisonment in case of insolvency, and to pay the costs.

SO ORDERED.”^[4]

Thus, this appeal brought by the accused.  In their brief, the appellants assigned the
following errors allegedly committed by
the court a quo, to wit-

ASSIGNMENT OF ERRORS:

IN CRIMINAL
CASE NO. 2716:

I

THE LOWER
COURT ERRED IN HOLDING THAT THE TWO MATCHBOXES WERE SEIZED FROM WILLIAM
DOMINGO.

II

THE LOWER
COURT ERRED IN HOLDING THAT THE TWO MATCHBOXES
CONTAINED MARIJUANA LEAVES.

III

THE LOWER
COURT ERRED IN
HOLDING THAT THE TWO MATCHBOXES GIVEN BY EPHRAIM ENGLIS TO SGT. MARTINEZ WERE THE SAME MATCH BOXES
GIVEN TO LT. ZENAIDA SABIOS, THE CHEMIST, FOR FORENSIC ANALYSIS,  HENCE, THE LOWER
COURT ERRED IN CONVICTING THE ACCUSED.

IN CRIMINAL CASE NO. 2718:

IV

THE LOWER COURT
ERRED IN NOT HOLDING THAT THE PROSECUTION FAILED TO PROVE THE CORPUS DELICTI.

V

THE LOWER
COURT ERRED IN FINDING THE ACCUSED GUILTY OF SMOKING MARIJUANA LEAVES ON AUGUST 5 & 8, 1982.  (Pages 3-4 Appellants’ brief)

The appeal is
devoid of merit.

Under the first assigned error appellant Domingo contends that the records show that two
matchboxes containing marijuana leaves were taken by Sgt. Martinez from Ephraim Englis inside the P.C.
Headquarters in Dadiangas, General
Santos City
on the night of August 9, 1982
and not from the appellant
Domingo.  What the records in fact show
is that it was the appellant who delivered
the two matchboxes to Englis in consideration of which he was duly paid by Englis.  The
contraband was turned over by Englis to Martinez.  Thus the receipt issued to appellant Domingo
by Martinez for said matchboxes.

Under the second and third assigned errors, appellant Domingo
argues that there is no showing that the match boxes that were submitted for
examination at the P.C. laboratory are the very same ones taken from him.

After a receipt was issued to the appellant by Sgt. Martinez for
the two matchboxes of marijuana, the same were placed in a cellophane bag
properly marked with the name of William Domingo.  On August
9, 1982, it was indorsed by Lt. Col. Warieto
A. Capitan, PC (GSC), Provincial Commander of South Cotabato and General
Santos City
to the PC laboratory in Davao
City for examination.^[5]
It was received by the duty detail man in the PC laboratory.  Thereafter, Lt. Sabio
conducted three examinations – physical, chemical and TLC.  The examinations showed that the leaves were
positive for marijuana.  From the circumstances, it appears that
safeguards were adopted to ensure that the two matchboxes with contents taken
from appellant Domingo were the same ones turned over to the PC laboratory for
examination.

Appellant Domingo capitalizes on the fact that while in the
information it is alleged that he was caught in possession of “shredded
dried marijuana leaves” in the Chemistry Report No. D-082-82 of Lt. Sabio she described what was submitted for examination
“crushed dried leaves” of marijuana. 
The said descriptions mean one and the same thing, and as the Solicitor
General correctly pointed out, the denomination is just a play of words.

Both appellants contend that the confession of witnesses Nilo Gonzaga and Ronald Gregorio
are only admissible against them (Gonzaga and
Gregorio) and not against their co-accused. 
The argument is without merit.  Gonzaga and Gregorio
testified in court so that certainly their statements are direct evidence against the appellants where the latter
were given the opportunity to cross-examine the said witnesses.^[6]

Appellants then point out that there is no proof of the corpus
delicti. 
Is there any better proof
than the admission of appellants that they smoked marijuana leaves?^[7]
Indeed Ronald Gregorio categorically testified that after appellants smoked
marijuana they felt warm and weak.  This disposes of the other assigned errors.

WHEREFORE, the decision appealed from is hereby AFFIRMED in
toto with costs against appellants.

Narvasa, (Chairman), Cruz, Griño-Aquino, and Medialdea, JJ., concur.

^[1]
Exhibits E, E-1 and A.

^[2]
Exhibit A; Tsn, September 20, 1982, pages 33 and 34.

^[3]
Exhibit C.

^[4]
Pages 51 and 52, Rollo.

^[5]
Exhibit B; pp. 36-37, tsn, September 30, 1982.

^[6]
People vs. Atencio,
22 SCRA 88, 97-98; People vs. Nierra, 96 SCRA
1, 10, citing People vs. Serrano, 105 Phil., 531, 641.

^[7]
Tsn, September 27, 1982, pages, 85 and 102.