SECOND DIVISION
G.R. No. 218107, September 09, 2019
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, v. JOSE JAMILLO QUILATAN Y DELA CRUZ, ACCUSED-APPELLANT.
D E C I S I O N
CAGUIOA, J.:
Before the Court is an appeal1 filed by accused-appellant Jose Jamillo Quilatan y Dela Cruz (Quilatan) from the Decision2 dated May 30, 2014 of the Court of Appeals3 (CA), which affirmed the Decision4 dated February 25, 2013 of the Regional Trial Court5 (RTC) finding Quilatan guilty beyond reasonable doubt of violating Sections 56 and 11,7 Article II of Republic Act No. (RA) 9165, 8 otherwise known as the Comprehensive Dangerous Drugs Act of 2002.
The twin Informations9 filed against Quilatan read as follows:
Criminal Case No. 09-0667The common starting point of the conflicting narrations of factual antecedents is the date of the buy-bust operation.
The undersigned State Prosecutor accuses JOSE JAMILLO QUILATAN y DELA CRUZ of the crime of Violation of Sec. 5[,] Art. II of R.A. 9165 as otherwise known as the Comprehensive Dangerous Drugs Act of 2002, committed as follows:That on or about the 15th day of June 2009, in the City of Parañaque, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, not being lawfully authorized by law, did then and there willfully, unlawfully and feloniously sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport a one (1) heat-sealed transparent plastic sachet weighing 0.12 gram to Police Poseur[-]Buyer PO2 ELBERT OCAMPO, which content of the said plastic sachet when tested was found positive to be Methamphetamine Hyd[r]ochloride, a dangerous drug.CONTRARY TO LAW.10
Criminal Case No. 09-0668
The undersigned State Prosecutor accuses JOSE JAMILLO QUILATAN y DELACRUZ, of the crime of Violation of Sec. 11 of Art. II of R.A. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, committed as follows:That on or about the 15th day of June 2009, in the City of Parañaque, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, not being lawfully authorized to posses[s] dangerous drugs, did then and there willfully, unlawfully and feloniously have in his possession and under his control and custody one (1) heat-sealed transparent plastic sachet containing white crystalline substance weighing 0.12 gram which, when tested was found positive to be [Methamphetamine] Hydrochloride (shabu) a dangerous drug.CONTRARY TO LAW.11
WHEREFORE, premises considered, judgement is hereby rendered as follows:Quilatan appealed46 to the CA, interposing the lone issue of whether the trial court gravely erred in convicting him notwithstanding the apprehending team's non-compliance with Section 21 of RA 9165.It appearing that accused JOSE JAMILLO QUILATAN y DELACRUZ is detained at the Para[ñ]aque City Jail and considering the penalty imposed, the OIC-Branch Clerk of Court is directed to prepare the Mittimus for the immediate transfer of said accused from the Parañaque City Jail to the New Bilibid Prisons, Muntinlupa City.
- In Criminal Case No. 09-0667 for Violation of Sec. 5, Art. II, RA 9165, the court finds accused JOSE JAMILLO QUILATAN y DELA CRUZ GUILTY beyond reasonable doubt and is hereby sentenced to suffer the penalty of life imprisonment and to pay a fine of Php 500,000.00;
- In Criminal Case No. 09-0668 for Violation of Sec. 11, Art. II, RA 9165, the court finds accused JOSE JAMILLO QUILATAN y DELA CRUZ, GUILTY beyond reasonable doubt and is hereby sentenced to suffer the penalty of imprisonment of twelve (12) years and one (1) day as minimum to seventeen (17) years and four (4) months as maximum and to pay a fine of Php 300,000.00.
The specimen[s] are forfeited in favor of the government and the OIC-Branch Clerk of Court is likewise directed to immediately turn over the same to the [PDEA] for proper disposal pursuant to Supreme Court OCA Circular No. 51-2003.
SO ORDERED.45
N[A], matapos makuha ang lahat ng detalye tungkol sa aktibidadis (sic) [ni Quilatan] agad ipinaalam ng aming team leader PI TOME sa aming hepe PSSUPT ALFREDO VALDEZ kung kaya't inatasan kami na magsagawa ng buy[-]bust operation sa lugar na nabanggit kung kaya't agad kami nakipag-ugnayan sa PDEA, upang maging lihetimo (sic) ang [aming] gagawing operasyon.After allegedly receiving the tip from the confidential informant, the buy-bust team was formed, a team briefing was conducted, and the team went to the target area with the informant. Conspicuously absent in the narration of facts by the prosecution is the part where the buy-bust team sought the attendance of the three required witnesses. From the time they received the tip at 4:30p.m. up to the time they went to the target area at around 9:15 p.m., there was a span of around five (5) hours where they could have easily contacted the required witnesses, but there was no hint that they made any effort to do so. Consequently, the requirement of the presence of all the witnesses at the time of the operation, conduct of inventory, and photographing was not fulfilled.
NA, bago pa isagawa ang operasyon ay nagsagawa muna kami ng maiksing briefing sa aming opesina (sic) at ako (PO2 OCAMPO) ang naatasang umaktong poseur[-]buyer at binigay sa akin ang isang pirasong isang (sic) dalawang daang piso na may serial no. DT755573 at tatlong pirasong isang daang piso [na] may mga serial no. LQ134794, PP742266 at NP749150 na parehong may markang "EO" sa kanang itaas na parte ng mga nasabing pera at at (sic) ang aming napagkasunduang pre-arrange[d] signal ay ang "PAGTANGGAL NG SUMBRERO" bilang hudyat ng matagumpay na bilihan ng shabu at ako (SPOI LUMABAO) ang naatasang immediate back[-]up kay PO2 OCAMPO.
NA, matapos maitala sa aming police blotter ang aming gagawing operasyon humigit kumulang 9:15 ng gabi ika-15 June 2009 sakay ng aming pribadong sasakyan sa pamumuno ni PI TOME ay nagtungo [sa] Tramo St[.], Brgy[.] San Dionisio, Lungsod ng Parañ[a]que upang magsagawa ng buy[-]bust operasyon at sa isang saglit n[g aming] paglalakbay papunta sa aming target na lugar ay narating namin ang kanto ng Tramo St[.], Brgy[.] San Dionisio, Parañaque City at gaya ng aming napagkasunduan ay ako (PO2 OCAMPO) kasama ng isang asset ay unang b[u]maba ng sasakyan habang lihim na nakasunod sa amin ang iba naming kasamahan.54
(1) their attendance was impossible because the place of arrest was a remote area; (2) their safety during the inventory and photograph of the seized drugs was threatened by an immediate retaliatory action of the accused or any person/s acting for and in his/her behalf; (3) the elected official themselves were involved in the punishable acts sought to be apprehended; (4) earnest efforts to secure the presence of a DOJ or media representative and an elected public official within the period required under Article 125 of the Revised Penal Code prove futile through no fault of the arresting officers, who face the threat of being charged with arbitrary detention; or (5) time constraints and urgency of the anti-drug operations, which often rely on tips of confidential assets, prevented the law enforcers from obtaining the presence of the required witnesses even before the offenders could escape.57 (Emphasis omitted)The above grounds were not present in this case; thus, the buy-bust team's failure to comply with the three-witness rule is inexcusable.
The Barangay Hall of Brgy. San Dionisio is not one of the allowed alternative places provided under Section 2160 of the IRR. Despite suggesting in the Joint Affidavit that the target area was near the police station and claiming that they rode a car going to the target area,61 the buy-bust team unjustifiably decided to ignore the prescribed procedure and conduct the inventory and photographing of the seized items in a place not allowed under the rules.
[Testimony of PO2 Ocampo:] Q: What about SPO1 Lumabao, what happened to him? A: He assisted me in arresting the suspect and he was able to recover the marked money. Q: What happened after that? A: We apprised him of his rights. Q: What were these rights that you told to him? A: He has the right to remain silent and that we arrested him for charges of selling illegal drugs. Q: What happened now to the plastic sachets containing white crystalline substance? A: Our Team Leader decided to proceed to the Barangay Hall of Brgy. San Dionisio to conduct the inventory and the marking of the recovered evidence. Q: How far is the (sic) Brgy. San Dionisio from the target place? A: More or less, 500 meters. Q: What happened at the Barangay Hall of Brgy. San Dionisio? A: In front of the duty desk officer, I placed markings on the recovered evidence as well as the inventory was prepared.58 (Emphasis supplied) [Testimony of SPO1 Lumabao:] Q: What was that item he was able to buy? A: White crystalline substance or shabu, Ma'am. Q: Where was that suspected shabu placed? A: I only saw the recovered items at the Barangay Hall, Ma'am. Q: How many items did you see at the Barangay Hall? A: Two (2) plastic sachets, Ma'am.59 (Emphasis supplied)
WHEREFORE, in view of the foregoing, the appeal is hereby GRANTED. The Decision dated May 30, 2014 of the Court of Appeals, Special Fourth Division in CA-G.R. CR No. 06054 is hereby REVERSED and SET ASIDE. Accordingly, accused-appellant Jose Jamillo Quilatan y Dela Cruz is ACQUITTED of the crimes charged on the ground of reasonable doubt, and is ORDERED IMMEDIATELY RELEASED from detention unless he is being lawfully held for another cause. Let an entry of final judgment be issued immediately.
- In the sworn statements/affidavits, the apprehending/seizing officers must state their compliance with the requirements of Section 21 (1) ofR.A. No. 9165, as amended, and its IRR.
- In case of non-observance of the provision, the apprehending/seizing officers must state the justification or explanation therefor as well as the steps they have taken in order to preserve the integrity and evidentiary value of the seized/confiscated items.
- If there is no justification or explanation expressly declared in the sworn statements or affidavits, the investigating fiscal must not immediately file the case before the court. Instead, he or she must refer the case for further preliminary investigation in order to determine the (non) existence of probable cause.
- If the investigating fiscal filed the case despite such absence, the court may exercise its discretion to either refuse to issue a commitment order (or warrant of arrest) or dismiss the case outright for lack of probable cause in accordance with Section 5, Rule 112, Rules of Court.63
Endnotes:
1 See Notice of Appeal dated June 27,2014, CA rollo, pp. 100-103.
2Rollo, pp. 2-9. Penned by Associate Justice Amelita G. Tolentino, with Associate Justices Ricardo R. Rosario and Danton Q. Bueser concurring.
3 Special Fourth Division in CA-G.R. CR No. 06054.
4 Records, pp. 296-303. Penned by Assisting Judge Jansen R. Rodriguez.
5 Branch 259, Parañaque City.
6 SEC. 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions.
7 SEC. 11. Possession of Dangerous Drugs. - x x x
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as follows:
x x x x
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or less than three hundred (300) grams of marijuana.
8 AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES (2002).
9 Records, pp. 1-2.
10 Id. at 1.
11 Id. at 2.
12Rollo, p. 3; id. at 7.
13 Records, p. 7.
14 Also stated as "Lumibao" in some parts of the records.
15Rollo, p. 3.
16 Id.
17 TSN, October 10, 2011, p. 9; records, p. 64.
18 Id. at 10; id. at 65.
19 Records, p. 7.
20 Id.
21 Id.
22Rollo, p. 3; records, p. 297.
23 Id.; id.
24 Id.
25 TSN, October 10, 2011, p. 12; records, p. 67.
26 Id.; id.
27 TSN, October 22, 2012, pp. 5-6; records, pp. 175-176.
28 TSN, October 10, 2011, p. 13; id. at 68.
29Rollo, pp. 3-4.
30 Id. at 4.
31 Id.
32 Records, p. 246.
33 Id. at 247.
34 Id.
35 Id.
36 Id.
37 Id.
38 Id.
39 Id.
40 Id. at 248.
41 Id.
42 Id.
43 See records, pp. 297-299.
44 Id. at 296-303.
45 Id. at 302-303.
46 See Notice of Appeal dated March 1, 2013, records, p. 304.
47Rollo, pp. 2-9.
48People v. Suan, 627 Phil. 174, 179 and 188 (2010).
49 SEC. 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[.]
50SECTION 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:
(a) The apprehending officer/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, that the physical inventory and photograph shall be conducted at the place where the search warrant is served; or at the nearest police station or at the nearest office of the apprehending officer/team, whichever is practicable, in case of warrantless seizures; Provided, further, that noncompliance 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[.] (Emphasis supplied)
51People v. Tomawis, G.R. No. 228890, April 18, 2018, 862 SCRA 131, 143-144.
52 Id. at 146.
53 Denominated as "Pinagsamang Salaysay," records, pp. 7-8.
54 Id. at 7.
55 See People v. Tomawis, supra note 51, at 145.
56 G.R. No. 231989, September 4, 2018.
57 Id. at 13.
58 TSN, October 10, 2011, pp. 12-13; records, pp. 67-68.
59 TSN, October 22, 2012, pp. 7-8; id. at 177-178.
60 The pertinent portion of the IRR states:
SECTION 21. x x x
(a) The apprehending officer/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, that the physical inventory and photograph shall be conducted at the place where the search warrant is served; or at the nearest police station or at the nearest office of the apprehending officer/team, whichever is practicable, in case of warrantless seizures; Provided, further, that noncompliance 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[.] (Emphasis supplied)
61 In the Pinagsamang Salaysay, PO2 Ocampo and SPO1 Lumabao stated:
NA, matapos maitala sa aming police blotter ang aming gagawing operasyon humigit kumulang 9:15 ng gabi ika-15 June 2009 sakay ng aming pribadong sasakyan sa pamumuno ni PI TOME ay nagtungo [sa] Tramo St[.], Brgy[.] San Dionisio, Lungsod ng Parañ[a]que upang magsagawa ng buy[-]bust operasyon at sa isang saglit n[g aming] paglalakbay papunta sa aming target na Iugar ay narating namin aug kanto ng Tramo St[.], Brgy[.] San Dionisio, Parañaque City at gaya ng aming napagkasunduan ay alco (PO2 OCAMPO) kasama ng isang asset ay unang b[u]maba ng sasakyan habang lihim na nakasunod sa amin ang iba naming kasamahan. Records, p. 7; emphasis and underscoring supplied.
62 Supra note 56.
63 Id. at 15-16.