Criminal Case No. 1811
That on or about 1:00 o'clock in the afternoon of 29 June 2003, at Brgy. San Jose, [M]unicipality of Concepcion, [P]rovince of Tarlac, and within the jurisdiction of this Honorable Court, the said accused did then and there willfully, unlawfully and criminally possessed Six (6) plastic heat-sealed sachets containing dried marijuana leaves weighing more or less 3.865 gram[s] without being authorized by law.
CONTRARY TO LAW.6Criminal Case No. 1812
That on or about 1:00 o'clock in the afternoon of 29 June 2003, at Brgy. San Jose, [M]unicipality of Concepcion, [P]rovince of Tarlac, and within the jurisdiction of this Honorable Court, the said accused did then and there willfully, unlawfully and criminally possessed three (3) plastic heat-sealed sachets containing [METHAMPHETAMINE] HYDROCHLORIDE, better known as Shabu, weighing more or less 0.327 gram without being authorized by law.
CONTRARY TO LAW.7
WHEREFORE, finding the accused guilty beyond reasonable doubt of the crimes of Possession of 3.865 grams of Marijuana and 0.327 gram of [methamphetamine] hydrochloride (shabu), accused is hereby sentenced to suffer the indeterminate penalties of Twelve (12) years & one day, as minimum, to Fourteen years, as maximum, and to pay a fine of Three Hundred Thousand Pesos.
SO ORDERED.9
WHEREFORE, the Decision of the Regional Trial Court of Capas, Tarlac, Branch 66 in Criminal Cases No. 1811-1812, finding accused-appellant Raul David y Erese, GUILTY beyond reasonable doubt of violation of Section 11, Article II of R.A. 9165 is hereby AFFIRMED with the following MODIFICATIONS:
1) In Criminal Case No. 1811 for illegal possession of marijuana, he is sentenced to suffer the penalty of Twelve (12) Years and One (1) day, as minimum, to Fourteen (14) Years, as maximum, and to pay a fine of THREE HUNDRED THOUSAND PESOS (P300,000.00);
2) In Criminal Case No. 1812 for illegal possession of shabu, he is sentenced to suffer the penalty of Twelve (12) Years and One (1) day, as minimum, to Fourteen (14) Years, as maximum, and to pay a fine of THREE HUNDRED THOUSAND PESOS (P300,000.00).
Costs de oficio.
SO ORDERED.10
GROUND FOR THE ALLOWANCE OF THE PETITION
THE COURT OF APPEALS GRAVELY ERRED IN AFFIRMING WITH MODIFICATION THE PETITIONER'S CONVICTION. THE ASSAILED DECISION IS NOT IN ACCORDANCE WITH LAW AND APPLICABLE JURISPRUDENCE, AND IF NOT CORRECTED, IT WILL CAUSE GRAVE INJUSTICE AND [IRREPARABLE] INJURY TO HEREIN PETITIONER.ISSUES PRESENTED FOR RESOLUTION I
WHETHER THE COURT OF APPEALS ERRED IN GIVING CREDENCE TO THE TESTIMONIES OF THE PROSECUTION WITNESSES.II
WHETHER THE COURT OF APPEALS ERRED IN CONVICTING THE PETITIONER DESPITE THE FAILURE OF THE PROSECUTION TO PROVE THAT THE DANGEROUS DRUGS SUBMITTED FOR LABORATORY EXAMINATION AND PRESENTED AS EVIDENCE BEFORE THE TRIAL COURT WERE THE SAME ONES ALLEGEDLY SEIZED.III
WHETHER THE COURT OF APPEALS ERRED IN MODIFYING THE DECISION OF THE TRIAL COURT WHICH FOUND THE PETITIONER GUILTY OF A SINGLE CHARGE OF VIOLATION OF SECTION 11, ARTICLE II OF REPUBLIC ACT NO. 9165.
Q: According to you, you were able to discover or find six (6) teabags of marijuana, where did you see these teabags?
A: On top of their aparador, sir.
Q: And where is that aparador situated?
A: Underneath the stairs, sir.
Q: And according to you also, you found three (3) plastic bags of shabu, where did you discover these three (3) plastic sachets?
A: Also on top of the aparador, sir.
Q: The same aparador where you discovered the six (6) teabags of marijuana?
A: Yes, sir.15
Q: Upon entering the house, what did you do there?
A: Because we were already allowed by Lilibeth David to conduct the search, we started doing so, sir.
Q: By the way, who among your companions, or who among you in the group, actually entered the house?
A: Myself, PO3 Mario Flores and PO1 Roger Paras, sir.
COURT:
Q: At the time, where was the Barangay Captain?
A: He was then inside the house, you Honor, but he did not conduct the search.
Q: Who personally, what part of the house did he search?
A: I went upstairs, sir.
Q: How about your companions Flores and Paras?
A: PO3 Flores conducted the search downstairs, while PO1 Paras was with me, sir.
COURT:
Q: At the time when you were upstairs, where was Raul David?
WITNESS:
A: He was downstairs, your Honor, seated on the sofa beside Lilibeth.
Q: How about the wife of Raul David?
A: The wife was near the stairs, your Honor.
Q: When you entered the elevated room, who were your companions?
A: PO1 Roger Paras and Lilibeth David were the ones who went with me when I conducted the search upstairs since the room is only small.
FISCAL Llobrera:
Q: What happened to your search?
A: PO3 Mario Flores was able to find six sachet(s) of marijuana, three sachet(s) of shabu.
Q: Items were discovered by whom?
A: By Officer Flores and PO1 Paras, sir.16
x x x The fact that PO3 Flores was the only one who discovered the illegal substances is not incredible. It must be considered that during the operation, the police operatives scattered themselves throughout the house in order to conduct the search. SPO1 Basco searched the upper room, while PO3 Flores searched the lower portion of the house. Noteworthy, the testimonies of SPO1 Basco and PO3 Flores jibed on material points, particularly on the illegal objects seized. SPO1 Basco corroborated PO3 Flores' testimony that he found six (6) sachets of marijuana and three sachets of shabu during the search. x x x18
COURT:
Some questions from the court.
Q: Prior to the application of search warrant, was there any surveillance conducted by your office?
A: Yes, your Honor.
Q: Who conducted that surveillance?
A: PO1 Canlas, your Honor.
Q: Why did you still conduct surveillance after issuing the search warrant?
A: To collate concrete evidence against the suspects, sir.
COURT:
Q: Why? Are you not sure when you applied for search warrant that Raul and Rael were not in possession of the dangerous drugs?
A: We were certain, your Honor; however, we were afraid that the shabu and the marijuana in their possession had already been consumed that is why we waited for some more time, your Honor.19
FISCAL LLOBRERA
Q: Officer, upon obtaining that search warrant, what did you do, if any?
A: We informed our Chief of Police that our application for the issuance of a search warrant was already approved, sir.
Q: After making that report, what else happened?
A: We ordered that a surveillance be conducted, sir.
Q: Do you know if that surveillance [was] actually conducted?
A: Not yet, sir.
Q: What actually finally - was there any surveillance made?
A: Yes, sir, we were the ones who conducted the surveillance, sir.20
x x x x
ATTY. GARCIA
Q: How many times did you conduct surveillance?
A: Two (2) times, sir.
Q: Can you tell us the specific date?
A: June 23 and 24, sir.
Q: And in your surveillance on June 23 and 24, you were able to see young students going to the house of the accused in buying dangerous drugs?
A: It was on June 24 when I saw students going there, sir.
Q: At that time, you did not have (sic) in possession of the search warrant?
A: We were already equipped or armed with the search warrant, sir.21
Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. ? The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner:(1) The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof;
(a) The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof: Provided, further, that non-compliance with these requirements under justifiable grounds, as long as the integrity and the evidentiary value of the seized items are properly preserved by the apprehending officer/team, shall not render void and invalid such seizures of and custody over said items.
FISCAL LLOBRERA:
Q: And then after discovering the shabu and marijuana, what else happened?
A: We took pictures of the shabu and marijuana sir inside their house and we showed said pictures to the barangay officials, sir.
Q: And where was Raul David when you were taking pictures of the marijuana and shabu?
A: He was inside their house seated, sir.
Q: How far was he from you?
A: Two (2) meters, sir.
Q: Was there any object that obstructed his view between you and him?
A: None, sir.
Q: After taking pictures of the shabu and marijuana, what else happened?
A: We requested the barangay captain to affix his signature on the certificate of good search, sir.
COURT:
Q: During the time of the search, where was the barangay captain?
A: He was with us, your Honor.
Q: In the conduct of your search, did you have any civilian component?
A: None, your Honor, only the barangay captain.
FISCAL LLOBRERA:
Q: Please give us the name of the barangay captain.
A: Barangay Captain Canono, sir.
Q: When you discovered the six (6) teabags of marijuana as well as the three (3) plastic sachets of shabu, where was [B]arangay [C]aptain Canono then?
A: He was inside the house, sir.
COURT:
Q: [And] the aparador was visible to the barangay captain during that time when you first see (sic) the marijuana and the shabu?
A: The aparador was visible to the barangay captain, your Honor.
FISCAL LLOBRERA:
Q: Was the aparador padlocked or not?
A: The aparador was padlocked and it is (sic) on top of it where we found the items, sir.
Q: Right on top of the aparador?
A: Yes, sir.
Q: It was not placed in a drawer?
A: No, sir, on top itself of the aparador.
Q: And so what did you do with the shabu and the marijuana?
A: We confiscated the items, sir.
Q: After confiscating it, what did you do with it?
A: We showed the shabu and the marijuana to the Spouses David, sir.
Q: After showing them to the spouses, what else happened?
A: We brought the evidence to the police station, sir.
Q: How about Raul David, what did you do with him?
A: We also brought him to the police station, sir.
Q: What happened in the police station?
A: We indorsed Raul David and the evidence we confiscated to our investigator, sir.29
Senator Leviste. And we are in support of the good sponsor's conviction to give teeth to this new law and to go all out against drugs.
Under the old law - R.A. No. 6425 - a classification was provided between a prohibited drug and a regulated drug. I believe in the new proposed measure, there is no distinction between the two categories. And in lieu of the two categories, the new measure merely provides for an all-embracing category of dangerous drugs.
May we know, Mr. President, the significance of eliminating the two categories in the old law because there might be adverse implications if we do not classify "prohibited" from "regulated" drugs. There are instances, for example, when a cancer patient - I know I am not a doctor but Senator Flavier might be able to enlighten us here - is allowed to use with prescription from a licensed physician regulated drugs. Morphine, for example, for pain killers. How would this declassification affect this case?
Senator Barbers. Well, her point is very valid, Mr. President. The reason as to why under R.A. No. 6425 there was a distinction between "prohibited" and "regulated" drugs is that this is in consonance with the International Treaties on Drugs under the UN Convention of 1961, 1971, and 1988. Now, when we speak of narcotics under this treaty, it would mean "prohibited" drugs. When we speak of psychotropic under the same convention, it would mean "regulated" drugs. In this particular proposal, we did not make any distinction anymore. Why? Because whether these are regulated, whether these are prohibited, these are considered as dangerous drugs unless authorized by law. That a patient, for example, is in need of some drugs, morphine, for example, then that would be another story.34
x x x x
Senator De Castro. Mr. President, on page 3, line 3, the term used is "dangerous," while under our present law, Republic Act No. 6425, as amended, the term used is "prohibited." May we know from the sponsor the distinction between the words "prohibited" and "dangerous."
Senator Barbers. Yes, Mr. President. Under Republic Act No. 6425, there is a distinction between prohibited drugs and regulated drugs. When we speak of prohibited drugs, it would mean that there is no prescription needed. While in the regulated drugs, a prescription is needed in order to purchase that kind of drug from the drugstore.
Under the present bill, Mr. President, we removed the distinction and we came up with the term "dangerous drugs" instead of classifying these drugs into prohibited and regulated ones. Why? Because there are prohibited drugs that sometimes are also being dispensed with prescription, like for example, morphine and opium. These could be used as pain relievers. There are also regulated ones which become prohibited drugs when we use a proportion which could not be considered as therapeutic in nature.
Senator De Castro. Therapeutic and that includes marijuana, Mr. President?
Senator Barbers. That is correct, Mr. President, although marijuana is not dispensed in drugstores. We classify marijuana under RA 6425 as a prohibited drug, while under this measure marijuana is considered as a dangerous drug.35
x x x x
Senator Cayetano. Mr. President, I also note that there is no definition of "regulated drug" at least in my cursory examination. Has the good sponsor deleted the provision of the Dangerous Drugs Act of 1972 or Republic Act No. 6425 where there is a definition of "regulated drug?" And if so, I just want to find out why this particular definition of what constitutes a regulated drug is not included in this bill?
Senator Barbers. That is correct, Mr. President. In the present measure, we already deleted prohibited drugs as well as regulated drugs. We came up with one item only from regulated, from prohibited, to dangerous drugs. That would be the classification now. Whether it is regulated or prohibited, it is of no moment to us. What is important is that we define dangerous drugs.
Senator Cayetano. No. The reason I asked that, Mr. President, is, under the present law, "regulated drugs" is defined and the penalties for transgression of the requirements of getting a regulated drug is different from the transgression of committing any act in relation to what constitutes purely dangerous drugs.
So this is the reason I am inquiring because it is important. Regulated drugs per se are not dangerous drugs, regulated in the sense that it may be dispensed by a certified physician or members of the medical or dental profession.
The only transgression or penalty that may be included on regulated drug is, for instance, if one imports regulated drugs without the necessary authority from the present Dangerous Drugs Board, and also the manufacture as well as the sale of the same.
So that is the reason I am inquiring, Mr. President.
Senator Barbers. I have with me here, Mr. President, a definition of a "regulated drug," but this is applicable under Republic Act No. 6425. Under my proposal, we deleted the definition. We concentrated on dangerous drugs.
Senator Cayetano. So am I correct then that the omission is deliberate, but it does not repeal the provision of Republic Act No. 6425 which is known as the "Dangerous Drugs Act of 1972," vis-á-vis the regulated drugs? It does not.
Senator Barbers. Mr. President, this proposed measure is practically a repeal of Republic Act No. 6425.36
Endnotes:
1 Rollo, pp. 11-129.
2 Penned by Associate Justice Marlene Gonzales-Sison, with Associate Justices Juan Q. Enriquez, Jr. and Vicente S.E. Veloso, concurring; rollo, pp. 94-109.
3 Id. at 128-129.
4 Id. at 61-68.
5 Exhibit "C" for the prosecution, records, Vol. II.
6 Records, Vol. I, p. 1.
7 Id. at 2.
8 Id. at 11.
9 Rollo, p. 68.
10 Id. at 108.
11 Supra note 3.
12 Rollo, pp. 110-118.
13 Section 1. Filing of petition with Supreme Court. ? A party desiring to appeal by certiorari from a judgment or final order or resolution of the Court of Appeals, the Sandiganbayan, the Regional Trial Court or other courts whenever authorized by law, may file with the Supreme Court a verified petition for review on certiorari. The petition shall raise only questions of law which must be distinctly set forth.
14 Dolera v. People, G.R. No. 180693, September 4, 2009, 598 SCRA 484, 492, citing People v. Tiu Won Chua, 453 Phil. 177, 186 (2003).
15 TSN, September 22, 2003, pp. 12-13.
16 TSN, July 14, 2005, pp. 5-6.
17 Rollo, pp. 141-168.
18 Id. at 155.
19 TSN, September 22, 2003, pp. 32-33, records, Vol. III.
20 Id. at 7-8.
21 Id. at 22-23.
22 People v. Fabian, G.R. No. 181040, March 15, 2010, 615 SCRA 432, 443, citing People v. Navarro, G.R. No. 173790, October 11, 2007, 535 SCRA 644, 649, citing People v. Saludes, G.R. No. 144157, June 10, 2003, 403 SCRA 590, 595-596.
23 Id. at 444.
24 Id. at 444-445.
25 Id. at 443, citing People v. Mateo, G.R. No. 179478, July 28, 2008, 560 SCRA 397, 413; See Teodosio v. Court of Appeals, G.R. No. 124346, June 8, 2004, 431 SCRA 194, 203 and People v. Cabugatan, G.R. No. 172019, February 12, 2007, 515 SCRA 537, 546-547.
26 See People v. Lazaro, Jr., G.R. No. 186418, October 16, 2009, 604 SCRA 250, 269.
27 Id., citing People v. Naquita, G.R. No. 180511, July 28, 2008, 560 SCRA 430, 449; People v. Concepcion, G.R. No. 178876, June 27, 2008, 556 SCRA, 421, 440; People v. Santiago, G.R. No. 175326, November 28, 2007, 539 SCRA 198, 212 .
28 TSN, January 15, 2004, pp. 5-6.
29 TSN, September 22, 2003, pp. 16-18.
30 People v. Rosialda, G.R. No. 188330, August 25, 2010, 629 SCRA 507, 521.
31 People v. Joel Roa, G.R. No. 186134, May 6, 2010, 620 SCRA 359, 371-372, citing People v. Pringas, G.R. No. 175928, August 31, 2007, 531 SCRA 828, 842-843; People v. Alberto, G.R. No. 179717, February 5, 2010, 611 SCRA 706, 718; People v. Capco, G.R. No. 183088, September 17, 2009, 600 SCRA 204, 213; People v. Teodoro, G.R. No. 185164, June 22, 2009, 590 SCRA 494, 507.
32 Id.
33 Id.
34 TSN, October 23, 2001, pp. 51-52.
35 TSN, January 15, 2002, pp. 80-81.
36 TSN, January 16, 2002, pp. 21-22.
37 People v. Subido, No. L-21734, September 5, 1975, 66 SCRA 545, 551.