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PEOPLE Vs. Esmenio B. De La Pena

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ESMENIO DE LA PENA y BEDRIO, accused-appellant. The Solicitor General for plaintiff-appellee. Raymundo Magat for accused-appellant.

G.R. No. 92534 | 1991-07-09

D E C I S I O N


MELENCIO-HERRERA, J.:

Condemned to a life in prison 1 for peddling marijuana, 2 Esmenio de la Peña reiterates his plea of innocence before this Court.

Records show that Appellant was arrested on 24 March 1988 for selling marijuana in a "buy-bust operation" conducted by the officers of the Narcotics Command of Region VI, Iloilo City. On 7 April 1988, Appellant executed a counter-affidavit before a CLAO Attorney, vehemently denying culpability (Exh. D). After preliminary investigation, the Third Assistant City Prosecutor recommended dismissal of the case on the ground that appellant was instigated to commit the crime by the...