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People v. Nicandro
People v. Nicandro
Accused, Nelia Nicandro y Velarma, was charged with the violation of Section 4, Article
II, in relation to Section 2(e), (f), (l), (m), and (o), Article I of the Dangerous Drugs Act.
The prosecution alleged that the accused, not authorized by law, willfully and unlawfully
sold marijuana cigarettes and other prohibited drugs.
The Drug Enforcement Unit of Police Station No. 5 received complaints about the illegal
sale of prohibited drugs by someone known as "Nel" in the Commodore Pension House
in Manila.
After conducting surveillance and verifying the reports, an entrapment operation was
organized.
The police team, along with a confidential informant, went to the Commodore Pension
House, where the informant purchased four sticks of marijuana cigarettes from the
accused.
The police then arrested the accused and found the marked money and marijuana
cigarettes in her possession.
During the trial, the main witness for the prosecution, Pat. Joves, testified that he
witnessed the sale of marijuana cigarettes by the accused to the informant.
However, his testimony was inconsistent, as he initially stated that the accused handed a
small plastic bag to the informant, but later corrected himself and said it was four sticks
of marijuana cigarettes.
The defense argued that the prosecution's evidence was unreliable and that the accused's
constitutional rights were violated during custodial investigation.
Issue:
Whether the prosecution's evidence is sufficient to establish the guilt of the accused
beyond reasonable doubt.
Whether the accused's constitutional rights were violated during custodial investigation.
Ruling:
The court found that the prosecution's evidence was insufficient to establish the guilt of
the accused beyond reasonable doubt.
The court also found that the accused's constitutional rights were violated during
custodial investigation.
Therefore, the court ruled that the accused's oral admission during custodial
investigation was inadmissible as evidence.
Based on these findings, the court reversed the decision of the trial court and acquitted
the accused on the basis of reasonable doubt.
Ratio:
The court found that the testimony of the main witness for the prosecution, Pat. Joves,
was questionable and inconsistent.