FIRST DIVISION
G.R. No. 226152, March 13, 2019
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, v. LUISITO CARTINA Y GARCIA, ALLAN JEPEZ Y TUSCANO AND NELSON RAMOS, JR. Y CARTINA, ACCUSED-APPELLANTS.
D E C I S I O N
DEL CASTILLO, J.:
This is an appeal from the April 28, 2016 Decision1 of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 07425, affirming with modification the February 18, 2015 Decision2 of the Regional Trial Court (RTC), Branch 64, Makati City in Criminal Case Nos. 12-1958 to 1959,12-1960 and 12-1961.
Appellants Luisito Cartinay Garcia (Cartina), Allan Jepez y Tuscano (Jepez) and Nelson Ramos, Jr. y Cartina (Ramos, Jr.) were apprehended on two separate but related incidents on October 30, 2012 along Washington Street, Barangay Pio del Pilar, Makati City. The apprehending officers were members of a team of the Makati Anti-Drug Abuse Council (MADAC) tasked to conduct a buy-bust operation on Cartina who was reportedly engaged in illegal drug activities. After their arrest and investigation, Cartina was charged in two separate Informations with violation of Sections 5 and 11, Article II of Republic Act (RA) No. 91653 while Jepez and Ramos, Jr., through separate Information, were each indicted for violation of Section 11, Article II of the same law.
The accusatory portion of the Information charging Cartina with violation of Section 5 reads as follows:
Criminal Case No. 12-1958:For violation of Section 11, the crime was allegedly committed by Cartina in the following manner:
On the 30th day of October 2012, in the city of Makati, the Philippines, accused, not being authorized by law, without the corresponding license and prescription, did then and there willfully, unlawfully and feloniously sell, deliver and distribute zero point zero two (0.02) gram of methamphetamine hydrochloride, a dangerous drug, in consideration of Php300.
CONTRARY TO LAW.4
Criminal Case No. 12-1959:The Informations6 against Jepez and Ramos, Jr. contained substantially the same averments as that charging Cartina with violation of Section 11 of the same law, except for the quantity of methamphetamine hydrochloride allegedly possessed by Jepez which was zero point zero one (0.01) gram, while that of Ramos, Jr. was zero point zero three (0.03) gram.
On the 30th day of October 2012, in the city of Makati, the Philippines, accused, not being lawfully authorized to possess any dangerous drugs and without the corresponding license or prescription, did then and there willfully, unlawfully and feloniously have in his possession, direct custody, and control zero point zero five (0.05) and zero point zero two (0.02) [gram] of methamphetamine hydrochloride, a dangerous drug.
CONTRARY TO LAW.5
On [October 30,] 2012, while appellants Jepez and Ramos, Jr., were taking a bath near a 'poso' (water pump) located about three (3) meters away from the latter's house, with appellant Cartina about two (2) meters away, six (6) armed persons in civilian attire, whom they later on identified as MAD AC operatives, approached and asked them about the location of one Cedric @ 'Mata.' After responding in the negative, the armed men allegedly mauled them and made them board a van. They were first brought to the MAD AC office where the operatives showed them a plastic sachet containing white crystalline substance and were taken to the barangay hall thereafter where the men summoned a barangay kagawad. Thereat, their photos were taken with the plastic sachet containing white crystalline substance which they denied ownership of. They were thereafter brought to the Scene of the Crime Operatives and to the Pasay General Hospital and were detained afterwards. They denied the charges against them.7Ruling of the Regional Trial Court
WHEREFORE, in view of the foregoing, judgment is hereby rendered as follows:Unsatisfied, appellants interposed an appeal with the CA.
1. In Criminal Case No. 12-1958, finding the accused Luisito Cartina y Garcia, GUILTY of the charge for violation of Section 5, Article II of RA 9165 and sentencing him to life imprisonment and to pay a fine of FIVE HUNDRED THOUSAND PESOS (Php500,000.00) without subsidiary imprisonment in case of insolvency; and
2. In Criminal Case Nos. 12-1959 to 1961, finding each of the accused Luisito Cartina y Garcia, Allan Jepez y Tuscano and Nelson Ramos, Jr. y Cartina, GUILTY of the charge for violation of Section 11, Article II of RA 9165 and sentencing each of them to an indeterminate penalty of twelve (12) years and one (1) day to fifteen (15) years of imprisonment and to pay a fine of FOUR HUNDRED THOUSAND PESOS (400,000.00) without subsidiary imprisonment in case of insolvency.
SO ORDERED.8
WHEREFORE, premises considered, the instant Appeal is DENIED and the Decision dated 18 February 2015 of Branch 64, Regional Trial Court of Makati City is hereby AFFIRMED with MODIFICATION, in that the penalty of life imprisonment upon appellant Luisito Cartina y Garcia, is imposed without eligibility for parole.Hence, the present appeal.
SO ORDERED.9
x x x as the act of a police officer to stop a citizen on the street, interrogate him, and pat him for weapon(s) or contraband. The police officer should properly introduce himself and make initial inquiries, approach and restrain a person who manifests unusual and suspicious conduct, in other to check the latter's outer clothing for possibly concealed weapons. The apprehending police officer must have a genuine reason, in accordance with the police officer's experience and the surrounding conditions, to warrant the belief that the person to be held has weapons (or contraband) concealed about him. It should therefore be emphasized that a search and seizure should precede the arrest for this principle to apply.In the case under review, sufficient facts engendered in the minds of the police officers that Jepez and Ramos, Jr. were in the act of committing a crime. Consider the following instances: the police officers were on a mission to entrap Cartina who was verified to be engaged in selling illegal drugs; Jepez and Ramos, Jr. were with Cartina when the officers saw the latter at the target area; when the poseur-buyer introduced himself as a MAD AC operative, the duo immediately fled from the scene; and when they were subdued, they were searched and each was found in possession of a plastic sachet containing suspected shabu. Indubitably, Jepez and Ramos, Jr. were then illegally committing the crime of possession of dangerous drugs in the presence of the police officers. The seized items were therefore admissible in evidence.
The search made on Jepez and Ramos falls squarely within 'stop and frisk' searches where the police officer may stop a citizen on the street, interrogate him, and pat him for weapon(s) or contraband upon probable cause. It must be noted that Jepez and Ramos were present during the buy-bust transaction and when Encarnacion introduced himself as a MADAC operative and arrested Cartina, Jepez and Ramos tried to flee. Appellants Jepez and Ramos' actuations constitute sufficient probable cause for the police officers to hold them down and conduct a search on their persons. The aforementioned acts of appellants create enough, 'suspiciousness' for the police to validly hold them down and conduct a search.12Appellants' next argument is centered on the arresting officers' failure to comply with the requirements for the proper custody of seized dangerous drugs under RA 9165. They claim that the officers failed to make a physical inventory and take photographs of the seized items in the presence of a representative from the Department of Justice (DOJ) and the media thus raising uncertainty about the identity of the seized items presented in evidence.
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:This is implemented by Section 21 (a), Article II of the Implementing Rules and Regulations (IRR) of RA 9165, which reads:
(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.
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:In the present case, there was a clear non-observance of the above-mentioned procedure. MADAC operative Encarnacion categorically admitted during his cross-examination that, aside from Kagawad Parrucho, there was no representative from the media and the DOJ present during the inventory of the seized items. His testimony during the cross-examination pertinently stated thus:
(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 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[.]
ATTY PUZON"RA 9165 and its [IRR] both state that non-compliance with the procedures thereby delineated and set would not necessarily invalidate the seizure and custody of the dangerous drugs provided there were justifiable grounds for the non-compliance, and provided that the integrity of the evidence of the corpus delicti was preserved."14Who was present at that time of the preparation of the Inventory Receipt?WITNESSMe, accused Cartina, Jepez and Ramos, and my immediate back up PO2 Renie Aseboque and Alfonso Juan, and Brgy. Kagawad Parrucho, and the photographer.ATTY. PUZONAll of these persons that you mentioned were likewise present at that time of the signing of the Inventory Receipt?WITNESSYes, ma'am, they were present.ATTY. PUZONWho was the barangay official present during the inventory?WITNESSBrgy. Kagawad Cesar Parrucho, ma'am.ATTY. PUZONWhile you were preparing for the Inventory Receipt, there was no representative coming from the DOJ, correct?WITNESSNone, ma'am.ATTY. PUZONThere was no representative coming from the media?WITNESSNone, ma'am.ATTY. PUZONLikewise at that time the accused has no representative or counsel of his own during the time of the preparation of the Inventory Receipt?WITNESSNone, ma'am.ATTY. PUZONThat would be all for the witness, Your Honor.13
Endnotes:
1 CA rollo, pp. 107-120; penned by Associate Justice Rodil V. Zalameda and concurred in by Associate Justices Sesinando E. Villon and Pedro B. Corales.
2 Records, pp. 168-177; penned by Judge Gina M. Bibat-Palamos.
3 The Comprehensive Dangerous Drugs Act of 2002.
4 Records, p. 1.
5 Id. at 5.
6 Id. at 7 and 9.
7 CA rollo, p. 113.
8 Records, pp. 176-177.
9 CA rollo, p. 120.
10Rollo, p. 21.
11 747 Phil. 552, 572 (2014), citing People v. Chua, 444 Phil. 757, 773-774 (2003).
12 CA rollo, pp. 93-94.
13 TSN, July 31, 2013, pp. 44-45.
14People v. Miranda, 788 Phil. 657, 668 (2016).
15People v. Oniza, 713 Phil. 521, 529 (2013).
16People v. Ancheta, 687 Phil. 569, 580 (2012).