G.R. No. 242831 - PEOPLE OF THE PHILIPPINES, VS. VICTOR ALCIRA Y MADRIAGA ALSO KNOWN AS [A.K.A.] BUDDHA, ACCUSED-,MERLEN CABEROS Y GERONIMO AND VICTOR ALCIRA Y MADRIAGA, ALSO KNOWN AS [A.K.A.] BUDDHA, ACCUSED.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, Alcira was charged with violation of Sections 5 and 11, of Article II of R.A. No. 9165 and Section 28(a) in relation to paragraph (e) of R.A. No. 10591, under the following Informations, the accusatory portions of which read: Criminal Case No. 24915-15-C That on June 17, 2015 at Brgy. Turbina, Calamba City, Province of Laguna and within the jurisdiction of this Honorable Court, the above-named accused without any authority of law, did then and there willfully, unlawfully and feloniously sell to a poseur buyer a quantity of methamphetamine hydrochloride otherwise known as " shabu ", a dangerous drug, having a total weight of 0.03 gram/s, in violation of the aforementioned law. CONTRARY TO LAW. [11] Criminal Case No. 24916-15-C That on June 17, 2015 at Brgy. Turbina, Calamba City, Province of Laguna and within the jurisdiction of this Honorable Court, the above-named accused[,] without any authority of law, did then and there willfully, unlawfully and feloniously possess two (2) plastic sachets of methamphetamine hydrochloride, otherwise known as " shabu ", a dangerous drug, having a total weight of 0.10 gram/s, in violation of the aforementioned law. CONTRARY TO LAW. [12] Criminal Case No. 24917-15-C That on June 17, 2015, at Brgy. Turbina, Calamba City, Laguna and within the jurisdiction of this Honorable Court, the above-named accused, without any authority of law, did then and there willfully, unlawfully and feloniously have in his possession, custody and control unlicensed firearms, one (1) Caliber .38 revolver loaded with five (5) live ammunitions of the same caliber, in violation of law. CONTRARY TO LAW. [13] On the other hand, Caberos was charged with violation of Section 11 Article II of R.A. No. 9165, in an Information, the accusatory portion of which reads: Criminal Case No. 24914-15-C (For violation of Section 11, Article II of R.A. No. 9165) That on 17 June 2015 at Brgy. Turbina, Calamba City, Province of Laguna and within the jurisdiction of this Honorable Court, the above-named accused, without any authority of law, did then and there willfully, unlawfully and feloniously possess three (3) plastic sachets of methamphetamine hydrochloride, otherwise known as " shabu ", a dangerous drug, having a total weight of 0.23 gram/s, in violation of the aforementioned law. CONTRARY TO LAW. [14] In his defense, Alcira testified that he was inside his house putting cement on the floor in the morning of June 17, 2015. At around 1:00 p.m., three police officers knocked on his door. Alcira recognized Amador, whom he knew was a police officer, so he opened his door and let Amador and his two companions, who were also police officers, inside his house. Alcira explained that he knew Amador because he used to report for duty at the terminal. Upon entering his house, the three walked around until they found his wallet. They then asked him to step outside his house. They brought him to the house of his neighbor Caberos, whom he noticed was al