Case Digest: People v. Linsangan (G.R. No. 885859)

People v. Linsangan | G.R. No. 885859 | April 16, 1991 | Grino-Aquino | Art 3 - Sec. 12 | 

Petitioners: People of the Philippines
Respondents: Carlito Linsangan y Diaz

Recit Ready Summary
The police operatives of a Drug Enforcement unit were informed that there was a pusher who was a boy of 20 years, 5’5” in height, and of ordinary build. He was allegedly selling marijuana to anybody, regardless of age in Dinalupihan Street, Tondo, Manila. The members of the unit organized a “buy-bust” operation. Two P10 bills were marked by Patrolman Corpus with his initials “TC.” They bought 10 cigarette sticks of rolled marijuana for P20 from Linsangan. When he was handing them the marijuana, Pat. Corpuz took them with his right hand and grabbed the accused with his other hand. Pat. Ruiz frisked Linsangan and retrieved the marked P10 bills tucked in his waist. He asked the appellant to sign the bills. In the police station, appellant also put his initials “CL” on each stick

The issue is W/N appellant was denied due process during the custodial investigation. The Court ruled NO.

Although he was not assisted by counsel when he initialed the P10 bills tucked in his waist, his right against self-incrimination was not violated for his possession of the marked crimes did not constitute a crime; the subject of the prosecution was his act of selling marijuana cigarettes. His conviction was not based on the presence of his initials on the bills, but on the fact that the trial court believed the testimony of the policemen that they arrested him while he was actually engaged in selling marijuana.

FACTS:

1. The police operatives of a Drug Enforcement unit were informed that a boy of 20 years, 5’5” in height, and of ordinary build, was allegedly selling marijuana to anybody, regardless of age in Dinalupihan Street, Tondo, Manila. 
2. The members of the unit organized a “buy-bust” operation on November 13, 1987. 
3. 5 days before the appointed date, the police operatives conducted a “test-buy” operation on Rizal Avenue, Sta. Cruz, Manila. Under questioning, the person informed them that he bought marijuana at Dinalupihan Street, Tondo. 
4. On November 13, two P10 bills were marked by Patrolman Corpus with his initials “TC.” The police officers wore civilian clothes and used an owner-type jeep. 
5. The informer pointed to the Linsangan. The police officers bought P10 worth of marijuana each. Linsangan took the money and tucked it in front of his waist. 
6. As he was handing the 10 cigarette sticks of rolled marijuana, Pat. Corpuz took them with his right hand, and at the same time grabbed the accused with his other hand, saying “Pulis ito, h’wag kang pumalag!” 
7. Pat. Ruiz frisked Linsangan and retrieved the marked P10 bills tucked in his waist. He asked the appellant to sign the bills. In the police station, appellant also put his initials “CL” on each stick. 
8. Linsangan alleges that at around 10:30 AM of that day, he was in the vendor’s stand of his neighbor to buy breakfast, for he had just awakened. 

ISSUE: W/N appellant was denied due process during the custodial investigation? NO.

HELD:

• The court’s assessment of the credibility of the prosecution's witnesses is entitled to great respect unless and until they are clearly shown to be arbitrary. Some inconsistencies in the affidavit of arrest only involved minor details which do not affect the overall picture of the case. 
• Although he was not assisted by counsel when he initialed the P10 bills tucked in his waist, his right against self-incrimination was not violated for his possession of the marked crimes did not constitute a crime; the subject of the prosecution was his act of selling marijuana cigarettes.
• His conviction was not based on the presence of his initials on the bills, but on the fact that the trial court believed the testimony of the policemen that they arrested him while he was actually engaged in selling marijuana.

DISPOSITION: Dismissed for lack of merit.