PEOPLE OF THE PHILIPPINES, appellee, vs. AMADEO TIRA and CONNIE TIRA, appellants. G.R. No. 139615.

May 28, 2004

FACTS:

Pangasinan Police held surveillance operations on appellants Amadeo and Connie Tira for drug activities.
After a few days of surveying, the police got the warrant and searched the Tira’s house. The police found
a number of drugs, some paraphernalia, and money that was assumed to have gotten from the trades
which was hidden under the bed Amadeo was sleeping in.

Amadeo, in his defense, said that the house the police searched was rented by his nephew, Chris Tira,
and his live-in partner, Gemma Lim. The trial court convicted him for possession of illegal drugs. The
court did not believe Amadeo’s statement because it was not substantiated.

Connie, like Amadeo’s defense, said that policemen searched the rented house and seized items that
were owned by the boarders. She was also not believed by the trial court and said that as husband and
wife, Connie would not have known the drugs in their house.

ISSUE: Whether or not the spouses Tira are guilty of illegal possession of drugs.

RULING:

The appellants had three appeals. First, they pointed out that the trial court failed to prove their guilt
beyond reasonable doubt. Second, that the search was illegally made. Third, assuming Amadeo was
guilty, the trial court was mistaken when they reasoned out that there was conspiracy between the
spouses.

The appellants claim that the police violated Section 7, Rule 126 of the Rules of Criminal Procedure.
They insist that the drugs cannot be assumed that the Tira controlled it as the room was occupied
others. The Court found this appeal without merit. Like the trial court, the Court did not believe that
there were boarders living on the other room. The drugs were found under the bed of the appellant.

The Court also pointed out that there were other witnesses during the search.

The Court said that to be convicted in violation of RA 6425, one should, freely, consciously, and
unlawfully possess the illegal drug. Because the drug was found under the bed of Amadeo, it should tell
that they had control of the drugs. Connie was still found guilty because as a housewife she had access
the house without restriction

Hence, the spouses Tira was found guilty and was sentenced to reclusion perpetua and a fine of
P1,000,000.00 for violating Section 8, Article II of Rep. Act No. 6425 and an indeterminate penalty of
from Four (4) Months and One (1) Day of arresto mayor in its medium period as minimum, to Three (3)
years of prision correccional for violating Section 16, Article III of Rep. Act No. 6425.