Before this Court is a Petition¹ for Review on Certiorari under Rule 45 of the Rules of Civil Procedure, seeking the reversal of the Court of Appeals (CA) Decision² dated December 21, 2006, which affirmed the decision³ of the Regional Trial Court (RTC) of Pasay City, dated July 8, 2004, finding petitioner Michael San Juan y Cruz (petitioner), together with Rolando Pineda y Robledo (Pineda), Cynthia Coderes y Habla (Coderes), guilty beyond reasonable doubt for violation of Section 5,⁴ Article II of Republic Act (R.A.) No. 9165.⁵

Petitioner, together with Pineda and Coderes (accused), was charged with the crime of Transporting Illegal Drugs in an Information⁶ dated December 16, 2003, which reads:

That on or about the 15th day of December 2003, in Pasay City, Metro Manila, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating together and mutually helping one another, without authority of law, did then and there wilfully, unlawfully and feloniously transport a total of 978.7 grams of Methylamphetamine Hydrochloride (shabu) a dangerous drug[s].

Contrary to law.

When arraigned on February 17, 2004, the three accused entered separate pleas of not guilty to the offense charged.⁷ During the pre-trial stage, the three accused did not enter into any stipulation or admission of facts with the prosecution.⁸ Thereafter, trial on the merits ensued. In the course of the trial, two varying versions arose.

On December 15, 2003, at about 10:00 a.m., elements of the Intelligence Unit of the Pasay City Police, namely: Police Inspector Grant Golod (P/Insp. Golod), Police Officer (PO)3 Zoilo Manalo (PO3 Manalo), and PO2 Roberto Jovenir (PO2 Jovenir), together with Senior Police Officer (SPO)2 Soriño Aure (SPO2 Aure), PO2 Froilan Dayawon (PO2 Dayawon), PO2 Carlito Bintulan, and PO1 Angel dela Cruz, who were all in civilian attire, conducted surveillance, monitoring, and intelligence gathering to arrest violators of the law along Senator Gil Puyat (formerly Buendia) Avenue in Pasay City due to numerous reports of rampant snatching, robbery, and holdup in the area. P/Insp. Golod and PO3 Manalo boarded a vehicle driven by PO2 Jovenir, while SPO2 Aure and the rest of the officers occupied another.⁹

While cruising along Senator Gil Puyat Avenue, the police officers noticed a blue Toyota Corolla 4-door sedan car (car), which had no license plate at its rear, parked in front of a liquor store. Thus, P/Insp. Golod called the other group using his cellphone, and informed them that they should check the said car.¹⁰

SPO2 Aure and PO2 Dayawon approached the driver side of the car, whereas PO3 Manalo and PO2 Jovenir approached the passenger side¹¹ thereof. SPO2 Aure knocked on the car's window. When the driver, later identified as petitioner, opened the car's windows, SPO2 Aure asked for the Official Receipt (OR) and the Certificate of Registration (CR) of the car but none was produced. SPO2 Aure was about to accost petitioner,when a commotion ensued at the passenger side of the car because PO2 Jovenir noticed that the passenger, later identified as Pineda, was trying to hide a plastic bag under his seat, the contents of which accidentally came out (lumawit). PO2 Jovenir opened the door, held Pineda's right hand and asked him, Ano yan?