That on or about the 11th day of June 2005, in the City of Dumaguete, Philippines and within the jurisdiction of this Honorable Court, the said [petitioner], not being authorized by law, did, then and there willfully, unlawfully and feloniously possess and keep one (1) heat-sealed transparent plastic sachet containing 0.02 gram of white crystalline substance of Methamphetamine Hydrochloride, commonly known as "shabu," a dangerous drug.
Contrary to Section 11, Article II of R.A. 9165.3
PO3 Faelogo, a member of the PNP and assigned as Intelligence Operative of the Dumaguete City Police Station, testified that at about 2 o'clock in the afternoon of June 11, 2005, while he was on duty, their office received a telephone call from a concerned citizen that an illegal drug trade was going on at Zone 3, Barangay Looc, Dumaguete City. With him at that time was PO3 Paquera. PO3 Faelogo averred that the two (2) of them immediately responded and went to the place as reported. While walking at the pathway going to the interior portion of Zone 3, Barangay Looc, at a distance of about two (2) meters away, they saw a man, later identified as the [petitioner] in this case, examining a transparent plastic sachet containing shabu powder by flicking the same. They approached the [petitioner], introduced themselves as policemen and announced his arrest for illegal possession of dangerous drug. PO3 Faelogo then apprised the [petitioner] of his constitutional rights but while doing so, the [petitioner] hurriedly boarded on his motorcycle for a possible escape. PO3 Faelogo was not able to finish his recital of the constitutional rights of the [petitioner]. PO3 Faelogo had to wrestle with the [petitioner] who dropped the sachet of shabu on the ground. While PO3 Faelogo and the [petitioner] were wrestling, PO3 Paquera picked up the said sachet of shabu. After a few minutes of struggle, they were able to subdue the [petitioner] and handcuff him. PO3 Faelogo continued to inform the [petitioner] of his constitutional rights in the Cebuano dialect. The [petitioner] was searched and found in his possession was a disposable lighter. PO3 Paquera gave the plastic sachet of shabu to PO3 Faelogo who made markings on it with the initials "SS 06-11-05" with SS to mean the name of the [petitioner] Stephen Sy and the numbers, the date of the incident. They then brought the [petitioner] with the seized items to the police station. They were not able to conduct an inventory in the crime scene, as there was a commotion where some people tried to rescue the [petitioner]. For their safety, they left the area.
At the police station, PO3 Paquera took a photograph of the [petitioner] and the seized items. PO3 Faelogo then conducted an inventory of the recovered sachet of shabu including the disposable lighter in the presence of DOJ Representative Pros. Angelita Alcoran, Brgy. Kagawad Rogelio Talavera of Barangay Looc, the elected official representative, Reysan Elloren, the media representative and PO2 Glenn Corsame of the PDEA, who all signed the receipt of property seized. The [petitioner] was given a copy of the receipt. PO2 Corsame had the incident recorded in the PDEA blotter.
PO3 Faelogo also averred that he was the one who submitted the seized one (1) heat-sealed transparent plastic sachet containing white crystalline pow[d]er/granules to the PNP Crime Laboratory, together with a letter request dated June 11, 2005 of the Chief of Police of Dumaguete City Police Station. The [petitioner] was not subjected to drug examination, as no drug testing kit was available at that time.
It was Police Senior Inspector Maria Ana Rivera-Dagasdas, forensic chemical officer of the Negros Oriental Provincial Crime Laboratory who received the seized one (1) heat-sealed transparent plastic sachet with marking "SS-06-11-05" and conducted a laboratory examination on the contents thereof. She re-marked the sachet as Specimen A which had a weight of 0.02 gram. Her qualitative examination conducted on the specimen gave positive result to the tests for the presence of methamphetamine hydrochloride, a dangerous drug under RA 9165. Her conclusion was that Specimen A contained methamphetamine hydrochloride, a dangerous drug under RA 9165. Her examination results were embodied in a Chemistry Report No. D-103-05 and a certification, which she signed and submitted.
In support of the case filed, PO3 Faelogo and PO3 Paquera executed a joint affidavit of arrest, which they identified in Court.4
The [petitioner] claimed that on June 11, 2005 at around 2 o'clock in the afternoon, he was in Barangay Looc to book a masseur to massage him in the evening. As he was not able to find the person to massage him, the [petitioner] started to go home. While he was about to board his motorcycle, one of two (2) men, whom he had seen earlier from a distance, immediately handcuffed him in his left wrist. The [petitioner] was not given a warning and he was surprised why he was handcuffed especially since he had not committed any crime. Fearing for his life, the [petitioner] resisted and told the person who handcuffed him, "What am I charged of?" The [petitioner] was told to just keep quiet. The [petitioner] told the person to search him first before he should handcuff him. The [petitioner] continued to resist the person and they wrestled with each other. Noticing that this person had a gun tucked in his waist, the [petitioner] did not resist anymore. The [petitioner] was frisked in his pockets, in his cap and other parts of his body, including his brief wherein the person inserted his hand inside. The pants of the [petitioner] were also removed. The search was conducted in full view of many onlookers, but still nothing was found on the [petitioner]. One of the persons then picked up something, which the [petitioner] could not see and was told that it was shabu and a lighter. The [petitioner] was then brought to the Dumaguete City Police Station. The [petitioner] later learned at the police station the identity of the persons who arrested him, namely, Liberato Faelogo and Dario Paquera. At the police station, a photograph was taken of the [petitioner]. The [petitioner] then requested that he be subjected to drug examination, but was not tested. The [petitioner] kept on requesting for drug examination for a week but still he was not tested. The [petitioner] also claimed that while he was at the police station and being investigated, he was kicked and punched by no less than the Chief of Police, one named Hidalgo. The [petitioner] tried to protest but was not able to do anything, as nobody was around to help him.5
WHEREFORE, the Court hereby renders judgment finding the accused Stephen Sy y Tibagong GUILTY beyond reasonable doubt of the offense of illegal possession of 0.02 gram of Methamphetamine Hydrochloride or shabu in violation of Section 11, Article II of R.A. No. 9165 and is hereby sentenced to suffer an indeterminate penalty of twelve (12) years and (1) day, as minimum, term to fourteen (14) years, as maximum term, and to pay a fine of Three Hundred Thousand Pesos (P300,000.00).
The seized one (1) heat-sealed transparent plastic sachet containing 0.02 gram of white crystalline substance of Methamphetamine Hydrochloride or shabu is hereby confiscated and forfeited in favor of the government and to be disposed of in accordance with law.
SO ORDERED.7
WHEREFORE, in view of the foregoing, the appeal is hereby DISMISSED and the assailed decision of the lower court finding accused-appellant guilty beyond reasonable doubt for violation of Section 11, Article II of Republic Act No. 9165 is hereby AFFIRMED in toto.
SO ORDERED.8
I
THE HONORABLE COURT OF APPEALS ERRED IN HOLDING THAT THE POLICE OFFICERS ENJOYED THE PRESUMPTION OF REGULARITY IN THE PERFORMANCE OF THEIR DUTY.II
THE HONORABLE COURT OF APPEALS ERRED IN HOLDING THAT PETITIONER'S WARRANTLESS ARREST WAS VALID.III
THE HONORABLE COURT OF APPEALS ERRED IN HOLDING THAT THE RIGHT OF THE PETITIONER AGAINST UNLAWFUL SEARCHES AND SEIZURES WAS NOT VIOLATED.IV
THE HONORABLE COURT OF APPEALS ERRED IN HOLDING THE CONVICTION OF THE PETITIONER BASED ON THE TRANSPARENT PLASTIC SACHET CONSIDERING THAT THE SAME WAS THE "FRUIT OF A POISONOUS TREE" AND COULD NOT BE USED FOR ANY PURPOSE IN ANY PROCEEDING.V
THE HONORABLE COURT OF APPEALS ERRED IN HOLDING THAT BECAUSE PETITIONER SUBMITTED TO THE JURISDICTION OF THE LOWER COURT, THAT HE ALSO WAIVED HIS RIGHT TO OBJECT TO THE ADMISSION OF THE PLASTIC SACHET IN EVIDENCE.9
Section 5, Rule 113 of the Rules of Court provides:
Sec 5. Arrest without warrant, when lawful - A peace officer or a private person may, without a warrant, arrest a person:(a) When, in his presence, the person to be arrested has committed, is actually committing or is attempting to commit an offense;
(b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.
1. Warrantless search incidental to a lawful arrest;
2. Search of evidence in "plain view;"
3. Search of a moving vehicle;
4. Consented warrantless search;
5. Customs search;
6. Stop and Frisk; and
7. Exigent and emergency circumstances.14
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 [Philippine Drug Enforcement Agency] 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:Corolarilly, the implementing provision of Section 21 (a), Article II of the Implementing Rules and Regulations (IRR) of RA No. 9165, provides:(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;
(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to the PDEA Forensic Laboratory for a qualitative and quantitative examination;
x x x x.
(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.
x x x x.18
Section 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.
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.25
Endnotes:
* Designated as an additional member in lieu of Associate Justice Roberto A. Abad, per Special Order No. 1059 dated August 1, 2011.
** Designated as an additional member in lieu of Associate Justice Jose Catral Mendoza, per Special Order No. 1056 dated July 27, 2011.
*** Designated as an additional member, per Special Order No. 1028 dated June 21, 2011.
1 Penned by Associate Justice Isaias P. Dican, with Associate Justices Francisco P. Acosta and Franchito N. Diamante, concurring; rollo, pp. 40-49.
2 Id. at 51-52.
3 Rollo, pp. 40-41.
4 Id. at 53-54
5 Id. at 55.
6 Id. at 53-59.
7 Id. at 58-59.
8 Id. at 48-49.
9 Id. at 11-12.
10 Rebellion v. People of the Philippines, G.R. No. 175700, July 5, 2010, 623 SCRA 343, 348.
11 People v. Santos, G.R. No. 176735, June 26, 2008, 555 SCRA 578, 601.
12 Valdez v. People, G.R. No. 170180, November 23, 2007, 538 SCRA 611, 622.
13 1987 Constitution, Article III, Sections 2 and 3 (2).
14 People v. Rancho, G.R. No. 186529, August 3, 2010, 626 SCRA 633, 641.
15 People v. Nuevas, G.R. No. 170233, February 22, 2007, 516 SCRA 463, 476.
16 People v. Rancho, supra note 14, at 642.
17 People v. Tamayo, G.R. No. 187070, February 24, 2010, 613 SCRA 556, 564.
18 Emphasis supplied.
19 People v. Teddy Batoon and Melchor Batoon, G.R. No. 184599, November 24, 2010.
20 People v. Sembrano, G.R. No. 185848, August 16, 2010, 628 SCRA 328, 343.
21 People v. Dilao, G.R. NO. 170359, July 27, 2007, 528 SCRA 427, 439.
22 Id. at 439.
23 People v. Hernandez, G.R. No. 184804, June 18, 2009, 589 SCRA 625, 642-643.
24 People v. Dela Rosa, G.R. No. 185166, January 26, 2011.
25 Emphasis supplied.