Man jailed for illegal selling of marijuana

CEBU, Philippines - The Court of Appeals 19th Division affirmed the ruling of the trial court convicting a man from sitio Riverside, Sikatuna Street, Cebu City for selling dangerous drugs.

“The trial court’s decision dated October 3, 2008 in criminal case CBU-65340 is affirmed.

Accused-appellant is guilty of the crime of sale of dangerous drugs penalized under Section 5 of the Republic Act 9165,” the decision reads.

Associate Justice Pamela Ann Abella Maxino said the evidence presented by the prosecution has weight compared to the defense of the accused-appellant Geronimo Goud.

Maxino, however, reversed and set aside the ruling of the trial court convicting Guod for illegal possession of drugs.

“We are convinced that the quantum of evidence has been satisfied with respect to the sale of marijuana.

However, we rule otherwise with respect to the illegal possession,” she said.

She said the prosecution was able to establish that sale of dangerous drugs occurred.

The Criminal Investigation and Intelligence Branch (CIIB) that conducted the surveillance on Guod.

The police said they arrested Guod in 1999 for selling shabu, but he posted bail for his temporary liberty.

He continued to engage in illegal activities after getting out, the police said.

Guod was convicted for selling marijuana and meted the penalty of life imprisonment and to pay a fine of P1 million.

He was also convicted for illegal possession of marijuana and meted the penalty of imprisonment from 12 to 15 years and to pay a fine of P350,000.

However, accused-appellant appealed the case citing the trial court erred in convicting him after the prosecution failed to prove his guilt beyond reasonable doubt.

Maxino found out that illegal possession of drugs was not properly established by the prosecution prompting her to partially grant the appeal of the accused-appellant acquitting him for illegal possession of 81 sticks of marijuana.

“As can be gleaned from the police officer’s testimony, the drugs and objects seized were not within their plain view.

As a matter of fact, they have to go inside accused-appellant’s bedroom and conduct a search before these were recovered,” the decision reads.

Maxino, however, convicted accused-appellant for illegal selling of marijuana.

She said there was a presumption of regularity in the performance of official duty on the part of the police when they apprehended the accused-appellant after a buy-bust operation was consummated. (FREEMAN)