Crim. Case No. Q-03-117407
That on or about the 17th day of May, 2003, in Quezon City, Philippines, the said accused, not being authorized by law to sell, dispense, deliver, transport or distribute any dangerous drug, did, then and there, wilfully and unlawfully sell, dispense, deliver, transport, distribute or act as broker in the said transaction, twelve point seventeen (12.17) grams of dried marijuana leaves a dangerous drug.
CONTRARY TO LAW.
Crim. Case No. Q-03-117408
That on or about the 17th day of May, 2003, in Quezon City, Philippines, the said accused not being authorized by law to possess or use any dangerous drug, did then and there, wilfully, unlawfully and knowingly have in her/his/their possession and control, one thousand four hundred ninety one point five (1,491.5) grams of marijuana fruiting tops, a dangerous drug.
CONTRARY TO LAW.
WHEREFORE, in view of the foregoing disquisitions, judgment is hereby rendered finding accused Rolando Tamayo y Tena GUILTY beyond reasonable doubt of the crimes of drug pushing and of drug possession and he is hereby sentenced, as follows:
- In Criminal Case No. Q-03-117407, accused Rolando Tamayo y Tena is hereby sentenced to suffer Life Imprisonment and to pay a fine of P500,000.00.
- In Criminal Case No. Q-03-117408, accused Rolando Tamayo y Tena is hereby likewise sentenced to suffer Life Imprisonment and to pay a fine of P500,000.00 in view of the large quantity of marijuana involved.
The drugs involved in this case are hereby ordered transmitted to the PDEA thru DDB for proper disposition.
SO ORDERED. 19
I.
THE COURT A QUO GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT OF THE CRIMES CHARGED DESPITE THE FACT THAT HIS GUILT WAS NOT PROVEN BEYOND REASONABLE DOUBT.II.
THE COURT A QUO GRAVELY ERRED IN NOT GIVING WEIGHT AND CREDENCE TO THE EVIDENCE ADDUCED BY THE DEFENSE. 21
FIS. ARAULA;You said that you are a police officer, do you remember where were you sometime in M[a]y 17, 2003, mr. witness?
WITNESS:At police station 4, Novaliches, Quezon City sir.
FIS. ARAULA;What time you reported to Police station 4 on May 17, 2003, mr. witness?
WITNESS:I reported for work at about 8:00 in the morning sir.
FIS. ARAULA;While at the police station, what happened, mr. witness?
WITNESS:An informant arrived about 5:30 in the afternoon sir.
FIS. ARAULA;What was the informant relayed, mr. witness?
WITNESS:There was somebody selling marijuana at Pilarin Street, Brgy. Gulod, Novaliches, Quezon City through our Superior Wong sir.
FIS. ARAULA;Was this confidential informant male or female, mr. witness?
WITNESS:
Male sir.
FIS. ARAULA;After receiving that information of illegal activities, what action did your office take, mr. witness?
WITNESS:Our chief call us to conduct a buy bust operation, Wong, De Guzman, Collado and I sir.
FIS. ARAULA;After you were called, what happened next, mr. witness?
WITNESS:I was told that I am the one who will buy marijuana sir.
FIS. ARAULA;How much marijuana, mr. witness?
WITNESS:One hundred peso sir.
FIS. ARAULA;Where did you get the money to buy marijuana, mr. witness?
WITNESS:
From our Superior Wong sir.
FIS. ARAULA;How about the other police officers, what is their role in that buy bust operation, mr. witness?
WITNESS:They were my back up sir.
FIS. ARAULA;Where you informed who was the subject of the buy bust operation, mr. witness?
WITNESS:Yes sir.
FIS. ARAULA;What is the name, mr. witness?
WITNESS:He was called as Ronnie, but later we came to know him as Rolando Tamayo sir.
FIS. ARAULA;After you were tasked as the poseur buyer and received the one hundred peso bill as buy bust money, what happened next, mr. witness?
WITNESS:I first placed my initial ANS on top of the date 2001 sir.
FIS. ARAULA;To that one hundred peso bill, mr. witness?
WITNESS:Yes sir.
FIS. ARAULA;You said you placed your initial on top of the date 2001, showing to you this one hundred peso bill can you show to us where is that marking that you are telling, now. Mr. witness?
WITNESS:Here under 2001, ANS sir.
FIS. ARAULA;May we request that this one hundred peso bill with serial no. BH359720 which was already marked as Exhibit G and we request that the marking placed by this witness as Exhibit G-1 your honor.After you placed your markings, what happened next, mr. witness?
WITNESS:We went to the place the confidential informant was with me in the vehicle and my companions were boarded in the van following us sir.
FIS. ARAULA;What time you reached this Barangay Gulod, mr. witness?
WITNESS:7:00 in the evening sir.
FIS. ARAULA;Can you tell us what particular place at Barangay Gulod that you went to, mr. witness?
WITNESS:Pilarin Street, Brgy. Gulod, Novaliches, Quezon City sir.
FIS. ARAULA;What happened when you reached that placed, mr. witness?
WITNESS:We alighted from the motorcycle and we went to the compound with open gate, we proceeded to the place that was "tuktuk" that can be seen by my companions sir.
FIS. ARAULA;What happened when you entered the compound mr. witness?
WITNESS:We enter the house of Rolando Tamayo sir.
FIS. ARAULA;How were you able to enter the house, mr. witness?
WITNESS:My confidential informant introduced me to the subject and I was allowed to enter the house sir.
FIS. ARAULA;
WITNESS:I saw Rolando Tamayo at the sala it so happened there was a video carera inside sir.
FIS. ARAULA;Where were you when you were introduced to Rolando Tamayo, mr. witness?
WITNESS:I was beside the front door the[n] I came in later sir.
FIS. ARAULA;Where was Tamayo, mr. witness?
WITNESS:He was at the sala of the house sir.
FIS. ARAULA:You were in the door of the house of Tamayo while Tamayo was inside the house at the living room, mr. witness?
WITNESS:Yes sir.
FIS. ARAULA;When you entered the house, what happened, mr. witness?
WITNESS:After I was introduced, I told him I will buy marijuana, Sir.
FIS. ARAULA;What was the answer of Tamayo after informing him that you are interested in buying marijuana, mr. witness?
WITNESS:He told me sige, wait for me sir.
FIS. ARAULA;Where was your confidential informant, mr. witness?
WITNESS:He was there also sir.
FIS. ARAULA;You testified that Tamayo said wait for me, what happened next, mr. witness?
WITNESS:He went to the stairs of the house he got [the] bag pack colored blue green and pink sir.
FIS. ARAULA;How far were you from Tamayo, mr. witness?
WITNESS:2 to 4 meters sir
FIS. ARAULA;After that T[a]mayo able to get that bag, what did he do with that bag, mr. witness?
WITNESS:I he put down on the table and got a tea bag sir.
FIS. ARAULA;What did he with that tea bag, mr. witness?
WITNESS:I gave one hundred peso bill and I got the tea bag sir.
FIS. ARAULA;Can you described that tea bag, mr. witness?
WITNESS:Small only sir.
COURTWe are presenting to you bag, see inside, what tea bag you are referring to?
FIS. ARAULA;Witness is searching the bag
COURT;Officer Sy searched the bag inside and he could not find tea bag, he found big marijuana but not tea bag.The court interpreter found 8 tea bags.
WITNESS:This is the tea bag I bought from Rolando Tamayo sir.
FIS. ARAULA;How did you know that is the same tea bag, mr. witness?
WITNESS:Because of the initial that I placed sir, ANS.
FIS. ARAULA;May we request your honor that said initial be marked as Exhibit E-2 your honor.After you received that tea bag in exchanged to one hundred peso bill, what happened next, mr. witness?
WITNESS:That is the time I arrested him and introduced as police officer sir.
FIS. ARAULA;How [about] the bag that you testified under the stairs from where he got the tea bag, mr. witness?
WITNESS:In the sala sir.
FIS. ARAULA;What did you do next, mr. witness?
WITNESS:After I arrested him my companions who were outside the house at that time rush toward the house sir.
FIS. ARAULA;Who were your companions, mr. witness?
WITNESS:Collado was the first who entered and got the bag pack sir.
FIS. ARAULA;What happened next, mr. witness?
WITNESS:When I arrested Tamayo, my companions get the bag pack and get the one hundred peso bill that I gave him earlier sir. 27
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.
x x x x
SEC. 11. Possession of Dangerous Drugs.--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 possess any dangerous drug in the following quantities, regardless of the degree of purity thereof:
x x x x
(7) 500 grams or more of marijuana; and
x x x x
Endnotes:
1CA rollo, pp. 73-85. Penned by Associate Justice Monina Arevalo-Zenarosa, with Associate Justices Edgardo F. Sundiam and Sixto C. Marella, Jr. concurring.
2 Id. at 19-22. Penned by Presiding Judge Jaime N. Salazar, Jr.
3 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.
x x x x
4 SEC. 11. Possession of Dangerous Drugs.--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 possess any dangerous drug in the following quantities, regardless of the degree of purity thereof:
x x x x
(7) 500 grams or more of marijuana; and
x x x x
5AN 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. Also known as the "Comprehensive Dangerous Drugs Act of 2002." Approved on June 7, 2002.
6 Records, pp. 2-5.
7 Id. at 18-19.
8 TSN, March 16, 2004, pp. 2-5; TSN, September 7, 2004, pp. 2-4.
9 Id. at 6-9; Id. at 5-8.
10 TSN, September 7, 2004, pp. 12-13.
11 TSN, March 16, 2004, pp. 9-12.
12 TSN, September 7, 2004, p. 12.
13 TSN, May 4, 2004, pp. 2-3.
14 TSN, September 7, 2004, pp. 7-8, 13-14; TSN, March 16, 2004, pp. 11-14.
15 Id. at 8.
16 Records, pp. 7-9.
17 TSN, February 21, 2005, pp. 3-6.
18 Id. at 6-9.
19 CA rollo, pp. 21-22.
20 Records, pp. 103-104.
21 CA rollo, p. 38.
22 Id. at 38-42.
23 Id. at 61-62.
24 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.
25 People v. Hajili, 447 Phil. 283, 295 (2003).
26 TSN, September 7, 2004, pp. 8-14.
27 Id. at 2-9.
28 People v. Nicolas, G.R. No. 170234, February 8, 2007, 515 SCRA 187, 204.