Plaintiff-Appellee Accused-Appellants
Plaintiff-Appellee Accused-Appellants
Plaintiff-Appellee Accused-Appellants
DECISION
LAZARO-JAVIER, J : p
The Case
Appellants Joeffrey Macaspac y Llanete and Bryan Marcelo y Pandino
assail the Court of Appeals' Decision dated May 30, 2018, affirming their
conviction for violation of Section 5, Article II of Republic Act No. 9165 (RA
9165). HTcADC
Defense's Version
Appellants interposed denial. They testified that on December 13,
2015, around 4 o'clock in the afternoon, they went to the SM MOA to meet
with Bong Cuenca, an interested car buyer. While they were strolling inside
the mall, Bong called appellant Marcelo to meet him near the ferris wheel at
the SM MOA. 20 There, they boarded Bong's Hyundai vehicle. 21 Suddenly,
armed men ran towards them and a car blocked Bong's vehicle. Another
group of armed men also started hitting the vehicle. Bong accelerated the
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car causing the armed men to shoot as a result of which, they got wounded.
They were brought to the San Juan de Dios Hospital for treatment. 22 After
their discharge from the hospital, they were taken to the NBI where they got
informed of the charge against them for illegal transporting of drugs. 23
The Trial Court's Ruling
By Decision 24 dated March 14, 2017, the trial court found appellants
guilty as charged, viz.:
WHEREFORE, premises considered, the accused, JOEFFREY
MACASPAC and BRYAN MARCELO , are hereby found GUILTY of
transporting 552 grams of methamphetamine hydrochloride,
otherwise known as "shabu" as penalized under Section 5, Article II of
Republic Act 9165, and are hereby sentenced to suffer a penalty of
LIFE IMPRISONMENT and to pay a fine of FIVE HUNDRED
THOUSAND PESOS (P500,000.00).
The Branch Clerk of Court is hereby directed to coordinate with,
and transmit to the PDEA, the one (1) sachet of representative sample
earlier extracted from the specimen for its proper disposition.
Furnish the Legal and Prosecution Service of the PDEA, the NBI,
the prosecutor, the accused and his counsel, copies of this decision.
SO ORDERED.
The trial court found that the elements of transporting drugs were all
present here. Appellants had complete possession and control of the
prohibited drugs from the time they picked up the same at the SM
Hypermarket up until they boarded the drugs into Bong's car. 25 The trial
court also noted that since appellants were actually in the act of committing
an offense, the police officers had lawful reason to arrest them, search the
vehicle, and seize the prohibited item found therein. 26 Had it not been for
the timely interception by the police officers and NBI agents, both appellants
and the five hundred fifty-two (552) grams of shabu would have freely
moved out from the SM MOA undetected. 27
Finally, there was substantial compliance with Section 21 of RA 9165.
There was justifiable ground why the inventory and photograph of the seized
item were not made in the presence of appellants as both of them were
brought to the hospital for immediate treatment after sustaining gunshot
wounds during the encounter. In any case, the integrity and evidentiary
value of the seized item were preserved from the time it was seized until it
was presented in court. 28
The Proceedings before the Court of Appeals
On appeal, appellants faulted the trial court for giving credence to
Agent Otic's testimony, albeit the same was allegedly only based on the
reports of his team. During the operation, Agent Otic stayed inside the
vehicle, hence, he had no personal knowledge that appellants indeed
retrieved a box containing shabu from the SM Hypermarket and brought it to
their vehicle. His testimony, therefore, deserved no probative weight. 29
Appellants further argued that the integrity and evidentiary value of the
corpus delicti were not preserved because the "Zest O" box which
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supposedly contained the shabu was not marked nor included in the
inventory. 30
For its part, the Office of the Solicitor General (OSG) countered in the
main: 1) the elements of transporting dangerous drugs under Section 5,
Article II of RA 9165 were all sufficiently established; 2) appellants were
caught in flagrante delicto while transporting five hundred fifty-two (552)
grams of shabu ; 31 3) the chain of custody was followed, thus, preserving the
integrity and evidentiary value of the seized item; 32 and 4) Agent Otic's
testimony was not hearsay as he was simply narrating independent relevant
statements which led to appellants' lawful arrest. 33
The Court of Appeals' Ruling
By a Decision 34 dated May 30, 2018, the Court of Appeals affirmed the
trial court's ruling. It ruled that the prosecution sufficiently established the
elements of illegal transporting of dangerous drugs. Appellants' possession
of the five hundred fifty-two (552) grams of shabu , by itself, indicated
appellants' purpose to transport the same. 35
Another, Agent Otic's testimony was not hearsay. Being the team
leader of the operation which coordinated with the PDEA, as well as the
mall's security personnel, he had personal knowledge of the illegal
transporting of the drugs in question. He was also personally present at the
target area during the operation. 36
Finally, the prosecution sufficiently proved that the chain of custody
rule was duly complied with, preserving the integrity and evidentiary value
of the corpus delicti. 37
The Present Appeal
Appellants now seek affirmative relief from the Court and plead anew
for a verdict of acquittal.
In compliance with the Resolution 38 dated June 10, 2019, the OSG
manifested that in lieu of supplemental brief, it was adopting its brief before
the Court of Appeals. 39
On August 28, 2019, appellant Macaspac filed a supplemental brief 40
reiterating there was no transporting of illegal drugs to speak of since the
prosecution failed to show they transferred the alleged illegal drugs from one
place to another. 41 Also, there was a gap in the chain of custody because
the forensic chemist was not presented in court to testify whether the seized
item he examined was the same item presented in court.
Issue
Did the Court of Appeals err when it affirmed appellants' conviction for
illegal transporting of dangerous drugs under Section 5, Article II of RA
9165?
Ruling
The core element of illegal transporting of dangerous drugs is the
movement of the dangerous drug from one place to another. 42 As defined in
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People v. Mariacos , 43 "transport" means "to carry or convey from one
place to another." 44
I n People v. Matio , 45 the Court noted there was no definitive
moment when an accused "transports" a prohibited drug. When the
circumstances establish the purpose of an accused to transport and the fact
of transporting itself, there should be no question as to the perpetration of
the criminal act. 46 The fact that there is actual conveyance suffices to
support a finding that the act of transporting was committed. 47
Here, appellants claim there was no transporting of illegal drugs to
speak of since they were not able to actually leave the premises of the SM
MOA. 48
The argument fails.
Records bear the following facts: 1) appellants picked up from the
baggage counter of the SM Hypermarket a plastic bag containing a "Zest-O"
box filled with shabu ; 2) appellants walked towards the SM MOA where Bong
Cuenca's car was waiting; 3) appellants loaded the shabu into the car and
boarded; 4) as they and Bong were driving away, Agent Mendoza and Agent
Escurel blocked them; 5) but instead of halting, Bong accelerated the engine
and maneuvered to run over the agents; 6) when he missed his targets,
Bong revved up the engine anew and maneuvered another time to run over
the agents but this time, it was Agent Otic's Toyota Fortuner which blocked
the vehicle; and 7) when the driver and appellants were asked to step out,
the driver simply repeated what he did earlier, thus, forcing the agents to
shoot. Bong and appellants were consequently injured and later brought to
the hospital for treatment. Appellants survived, but the driver did not. HEITAD
SO ORDERED.
Peralta, C.J., J.C. Reyes, Jr. and Inting, * JJ., concur.
Caguioa, J., is on official leave.
Footnotes
* Designated as additional member per S.O. No. 2726 dated October 25, 2019.
1. Record, p. 1.
The Information reads:
That on or about the 13th of December 2015, in Pasay City, Metro Manila,
Philippines and within the jurisdiction of this Honorable Court, the above-
named accused JOEFFREY MACASPAC Y LLANETE and BRYAN MARCELO Y
PANDINO, conspiring, confederating and mutually helping one another,
without authority of law, did then and there willfully, unlawfully, and
feloniously bring and transport 552 (Five Hundred Fifty Two) grams of
Methamphetamine Hydrochloride (shabu ), a dangerous drug, along SM Mall
of Asia Complex, this city, using a Hyundai Accent vehicle with Plate No. AAV
8780. Contrary to law.
2. Comprehensive Dangerous Drugs Act of 2002.
Section 5, Article II states: 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.
3. Rollo , p. 4.
4. Record, p. 7.
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5. Id. at 7; rollo, p. 5.
6. Record, p. 9.
7. Id. at 8.
8. Rollo , p. 6.
9. Id.
10. Record, p. 9.
11. Id. at 90.
12. Id. at 7.
13. Id. at 11.
14. Id. at 12.
23. Rollo , p. 7.
24. Penned by Judge Racquelen Abary-Vasquez, CA rollo, pp. 30-48.
50. See People v. Gumilao , G.R. No. 208755, October 5, 2016, citing People v.
Mariacos, 635 Phil. 315, 333-334 (2010).
51. See People v. Asislo, 778 Phil. 509 (2016); See People v. Alacdis , 811 Phil. 219
(2017).
55. As defined in Section 1 (b) of Dangerous Drugs Board Regulation No. 1, Series
of 2002:
xxx xxx xxx