Professional Documents
Culture Documents
CARLOS TRANCA
G.R. No. 110357, 1994
Ponente : Davide, JR., J
FACTS : Tranca was charged with the violation of RA 6425, known as the Dangerous Drugs
Act of 1972. The herein accused without a corresponding license, prescription or authority sold
and delivered Methamphetamine Hydrocholoride (Shabu), a regulated drug. The accused pleaded
not guilty, however, the prosecution presented witnesses for evidence and at the same time the
accused present his sister, Clarita Chen as his witness.
The evidence provided by the prosecution was that a confidential agent went to the
office of the NCRNU and told them that a certain Jon Jon (accused) was selling shabu along
Kalayaan Avenue, Makati. The group of police then executed a buy-bust operation and one of
the team members represented himself as the poseur buyer. After proceeding to the target area,
the informer spotted the accused and together with him was the poseur-buyer and told the
accused that they were interested in buying shabu, and asked if there’s any available for sale. The
accused affirmed that there is, and the buy-bust team bought stating “tapatan mo na lang itong
piso ko” (piso - 100P) which then the accused gave the appropriate amount of shabu. They then
signalled to start the arrest. The accused voluntarily surrendered the one bag of shabu and the
100 P mark money. A chief chemist of the PNP examined the person and the 100 P bill used,
and she discovered that the accused has fluorescent powder on his body.
The contention of the accused, that he was framed and the police barged inside his house
at around 11:40 PM while he was fixing a videocassette recorder and someone called him from
the outside “joey”. There were four men who entered the premises and grabbed him and asked if
he was Jon Jon and stated that “puede kailangan namin ng pera, kaya magturo ka na” and they
also slapped him while stating that “gusto mo patayin ka namin” he pleaded to them to stop. It
was denied. He was investigated and the police wiped the P100 bill all over his body. The Sister,
corroborates the accused contention, declaring that she asked the police officers why is her
brother treated badly and wanted her to accompany her brother but it was denied. Also the
police asked her for P1000 for gasoline. The trial court found the accused guilty.
ISSUE : Whether the accused is guilty of violating RA 6425, the Dangerous Drugs Act of 1972.
RULING : Yes. If the issue is the credibility of the witness, the appellate courts will not disturb
the findings of the trial court, since they have heard the testimony themselves. The contention of
the defendant was nothing more than bare allegation; an allegation if one was framed it must be
proved by clear and convincing evidence.