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Martin Simon
G.R. No. 93028 July 29, 1994
FACTS
• On November 10, 1988 Martin Simon y Sunga was charged with a violation of Section 4, Article
2 of R.A. No. 6425 (Dangerous Drugs Act of 1972)
o Alleging that on October 22, 1988 he sold 4 tea bags of marijuana to a Narcotic
Command (NARCOM) in a sum of PHP40
• On March 2, 1989 he was arraigned with counsel following his escape from Camp Olivas, San
Fernando, Pampanga
• A NARCOM operative informed the police of illegal drug activities of ALYAS PUSA. Capt.
Francisco Bustamante (Commanding Officer of the 3rd Narcotics Regional Unit) formed a team
to bust appellant
o Lopez signaled the team with a scratch on the head and they busted the appellant
▪ He apprised the rights of Simon: “You have the right to remain silent, etc.”
▪ No physical injuries
o He was told that he was a pusher on a jeep ride with the officers and forced to sign
papers. He was punched in the stomach when he refused to do so.
o Admitted that he escaped from the NARCOM office BUT it was because of the
maltreatment
• Appellant’s brother (Norberto Simon) testified that his brother was in the hospital that was likely
due to his peptic ulcer
• On December 4, 1989, the trial court convicted the appellant for a violation of the Dangerous
Drug Act
• Appellant was caught in flagrante delicto engaging in the illegal sale of prohibited drugs. Thus,
it is unlikely that he was set-up and more likely that he committed the crime.
ISSUE
1. Whether or not the appellant is guilty of selling prohibited drugs and having possession. YES.
2. Whether or not the Indeterminate Sentence Law is applicable to the case. YES.
RATIO
1. YES.
a. Dangerous Drugs Act - punishes any person who unless authorized by law, shall sell,
administer, deliver, give away to another, distribute, dispatch in transit or transport any
prohibited drug, or shall act as a broker in any of such transactions
i. To sustain a conviction for selling prohibited drugs, the sale must be clearly and
unmistakably established.
ii. One cannot sell the drugs without first having possession over it.
2. YES.
a. It is indeterminate in the sense that after serving the MINIMUM, the convict may be
released on parole, or if he is not fitted for release, he shall continue serving
his sentence until the end of the MAXIMUM.
b. Drug offenses are not included in nor has appellant committed any act, which would put
him within the exceptions to said law, and the penalty to be imposed does not involve
reclusion perpetua to death. The Indeterminate Sentence Law is a legal and social
measure of compassion, and should be liberally interpreted in favor of the accused.