People v.

Lacerna
[GR No. 109250, September 5, 1997]
Illegal possession of 18 blocks of marijuana
Recit-Ready:
Appellant was, after giving his consent, searched by the police while riding a taxi cab, where he was
found in possession of a bag with 18 blocks of marijuana. Appellant claimed that it was from his tito
who instructed him to bring it to Iloilo, and that he didnt know what was inside the bag. He also
claimed that he transferred possession of it to the co-accused by handing it over to him in the back
seat. The Court holds that such does not qualify as transfer and the presumption of ownership still lies
on him. It was then held that appellant is guilty of illegal possession of prohibited drugs.
Facts:
- Appellant and co-accused was riding a taxi cab along with appellant in front and co-accussed
at the back seat when apprehended by police for inspection
- Appellant gave his permission to the police to search his belongings inside the vehicle
- Police found marijuana in the blue plastic bag carried by the appellant in the vehicle
- Appellant and co-accused told the police that it came from their uncle in Baguio and that they
didnt know what was inside the plastic bag which their uncle told them to transport to Iloilo
- They were maltreated by the Kabo and forced them to take ownership of the marijunana
- Appellant admits that he handed over the bag with the illegal drug to his cousin who was in
the back seat
Issue:
- WON the search of the taxi cab was lawful
o Court holds that by giving consent to the police, the search made under the
circumstance was lawful, thus, the evidence gather can be admissible in the court of
law
- WON the appellant is guilty of Illegal Possession
o The court states that appellant was found to have in his possession a plastic bag
containing 18 kg of marijuana formed into 18 bricks which were separately
wrapped. His possession thereof gives rise to a disputable presumption under Section
3[j], Rule 131 of the Rules of Court, that he is the owner of such bag and its
contents. His bare, unpersuasive, feeble and uncorroborated disavowal -- that the
plastic bag was allegedly given to him by his uncle without his knowing the contents
-- amounts to a denial which by itself is insufficient to overcome this presumption
Held/Ratio:

- The Court holds appellant guilty of Illegal Possession of Prohibited Drugs in violation of
R.A. 6425.