G.R. No. 130805. April 27, 2004
FACTS
In 1994, Narcotics Command received information that a certain Koichi Kishi and Rey Plantilla were engaged in the selling of illegal drugs at the Cash and Carry Supermarket, Makati City. A buy-bust operation was launched which led to the capture of Koichi and allegedly pointed Kimura and Kizaki as his friends/suppliers who will fetch him. That in the parking lot Kimura handed a package wrapped in a newspaper which found to contain marijuana to a certain person named Boy. Kimura was arrested however Kizaki allegedly escaped.
Department of Justice filed a case against Kimura and Kizaki of violation of Section 4, Article II of Republic Act 6425, as amended by R.A. 7659, otherwise known as the Dangerous Drugs Act of 1972. Appellants’ defense is denial and alibi. Kimura claims that he saw marijuana placed at the car trunk and Kizaki was not with him. On the other hand, appellant Kizaki testified that on the date that the alleged crime was committed, he was in the company of his friends which was corroborated by his housemaid and friend, and he was arrested 2 days after the incident.