443 Phil. 669
PANGANIBAN, J.:
“WHEREFORE, foregoing considered, in Criminal Case No. RTC 2143-I, accused Antonio C. Estella is found GUILTY beyond reasonable doubt for Violation of Section 8, Article II of R.A. 6425 as amended by R.A. 7659 and is sentenced to suffer the penalty of reclusion perpetua.The Information dated January 7, 1997, charged appellant thus:
“The 8.320 kilograms of dried marijuana is ordered confiscated in favor of the government. The Sheriff is directed to deliver the subject marijuana to the Dangerous Drugs Board for its proper disposition.
“In Criminal Case No. RTC 2144-I, accused Antonio C. Estella is ACQUITTED and the Information dated 07 January 1997 filed against him for violation of P.D. 1866 is dismissed with costs de oficio.
“The .38 caliber revolver without serial number and four (4) live ammunitions, subject of the offense, are ordered delivered to any authorized representative of the Philippine National Police, Firearms and Explosives Division, Camp Crame, Quezon City.”[2]
“That on or about the 20th day of November, 1996 at about 11:15 o’clock in the morning, at Purok Yakal, Barangay Baloganon, in the Municipality of Masinloc, Province of Zambales, Philippines, and within the jurisdiction of this Honorable Court, said accused, did then and there, wil[l]fully, unlawfully and feloniously have in his possession, custody and control, [o]ne (1) tin can labeled ‘CLASSIC’ containing twenty (20) small bricks of dried marijuana fruiting tops having a total weight of 589.270 grams each wrapped with a piece of reading material; [o]ne (1) tin can labeled ‘CLASSIC’ containing dried marijuana fruiting tops weighing 41.126 grams; [t]wo (2) white sando plastic bag each containing one (1) [brick] of dried marijuana fruiting tops having a total weight of 1.710 kilograms each wrapped with a piece of newspaper; [o]ne (1) white sando plastic bag containing two (2) bricks of dried marijuana fruiting tops having a total weight of 1.820 kilograms each wrapped with a piece of newspaper, all in the total of 8.320 kilograms of dried marijuana, without any authority to possess the same.”[3]After the Information had been read to him in Filipino, a language he fully understood,[4] appellant, assisted by his counsel de parte,[5] pleaded not guilty when arraigned on March 11, 1997. After due trial, the RTC convicted appellant of illegal possession of dangerous drugs (marijuana), but acquitted him of illegal possession of firearms. On November 4, 1998, his counsel filed a Notice of Appeal.[6]
“Prior to November 20, 1996, Executive Judge Romulo Estrada of the Regional Trial Court of Zambales issued a warrant for the conduct of a search and seizure in the residence of appellant at Purok Yakal, Barangay Baloganon, Masinloc, Zambales.
“In the morning of November 20, 1996, Senior Police Officer 1 (SPO1) Antonio Bulor[o]n, then Intelligence and Investigation Officer, together with SPO1 Jose Arca and several other members of the Provincial Special Operation Group based in Burgos, San Marcelino, Zambales proceeded to Masinloc. They coordinated with the members of the Philippine National Police (PNP) in Masinloc and sought the assistance of Barangay Captain Rey Barnachea of Baloganon, Masinloc for the enforcement of the search warrant. Barangay Captain Barnaceha accompanied the police officers to Purok Yakal, Barangay Baloganon, Masinloc, the place mentioned in the search warrant.
“On their way to Purok Yakal, SPO1 Buloron saw appellant sitting on a rocking chair located about two (2) meters away from a hut owned by Narding Estella, brother of appellant, and being rented by appellant’s live-in partner, named Eva. They approached appellant and introduced themselves as police officers. They showed appellant the search warrant and explained the contents to him. SPO1 Buloron asked appellant if indeed he had in his possession prohibited drug and if so, to surrender the same so he would deserve a lesser penalty.
“While inside the hut, appellant surrendered to the team two cans containing dried marijuana fruiting tops. One can contained twenty (20) bricks of fruiting tops. The team searched the hut in the presence of appellant and his live-in partner. They found a plastic container under the kitchen table, which contained four (4) big bricks of dried marijuana leaves and a .38 caliber revolver with four live ammunitions. The team seized the prohibited drug, the revolver and ammunitions. The team seized and signed a receipt for the seized items. Barangay Captain Barnachea and SPO1 Edgar Bermudez of the Masinloc Police Station also signed the receipt as witnesses. SPO1 Buloron and his companions arrested appellant and brought him to San Marcelino, Zambales.
“At their office in San Marcelino, Zambales, SPO1 Buloron and SPO1 Arca placed their markings on the seized items for purposes of identification. SPO1 Arca kept the seized items under his custody. The next day, SPO1 Buloron and SPO1 Arca brought the seized items to San Antonio, Zambales, where Police Senior Inspector Florencio Sahagun examined the suspected marijuana dried leaves. Inspector Sahagun prepared a certification of field test.
“On November 29, 1996, the suspected marijuana dried leaves were delivered to the PNP Crime Laboratory at Camp Olivas for further examination. Senior Inspector Daisy Babor, a forensic chemist, examined the suspected marijuana dried leaves and issued Chemistry Report No. D-768-96 stating that the specimens are positive for marijuana, a prohibited drug. Specimen A weighed 1.710 kilograms, while Specimen D weighed 1.820 kilograms.”[8] (Citations omitted)
“Accused Antonio C. Estella [I]s married to Gloria Atrero Estella. They have three (3) children, namely: Carmen Estella (8 years old), Antonio Estella, Jr. (5 years old) and Roen Estella (3 years old). Since 1982, Antonio Estella has been [a] resident of Barangay Baloganon, Masinloc, Zambales.
“On 20 November 1996 between 10:30 o’clock and 11:00 o’clock in the morning, while accused was talking with his friends Rael Tapado and Victor de Leon at a vacant lot just outside the house of Camillo Torres and about 70 meters away from his house, a group of men approached them. The group introduced themselves as policemen and told them that they were looking for Antonio Estella because they have a search warrant issued against him. Accused identified himself to them. The policemen inquired from the accused as to where his house is located and accused told them that his house is located across the road. The police did not believe him and insisted that accused’s house (according to their asset) is that house located about 5-8 meters away from them. Accused told the policemen to inquire from the Barangay Captain Barnachea as to where his house is and heard the latter telling the policemen that his house is located near the Abokabar junk shop. After about half an hour, the policemen went inside the house nearby and when they came out, they had with them a bulk of plastic and had it shown to the accused. They photographed the accused and brought him to their office at San Marcelino, Zambales. Accused Antonio Estella was investigated a[t] San Marcelino, Zambales where he informed the police officers of the fact that the house they searched was occupied by Spouses Vicente and Fely Bakdangan.
“Accused denied having surrendered to policeman Buloron tin cans containing marijuana and likewise having any firearm.
“Miguel Buccat, who personally knew the accused for about ten (10) years, identified the house depicted on a photograph as that house belonging to the accused.”[9] (Citations omitted)
“A. The trial court erred in convicting the accused based on the conjectural and conflicting testimonies of the prosecution witnesses;Though not clearly articulated by appellant, the pivotal issue here is the legality of the police search undertaken in the hut where the subject marijuana was seized.
“B. The trial court gravely failed to consider the serious contradictions in the facts and evidences adduced by the prosecution;
“C. The trial court gravely erred in finding that the guilt of the accused-appellant for the crime charged has been prove[n] beyond reasonable doubt, instead of judgment of acquittal demanded by the constitutional presumption of innocence[.]”[11]
At most, the testimony shows that the subject hut was bought by Narding Estella and rented by someone named Eva. The attempt to make it appear that appellant occupied it, or that it was under his full control, is merely conjectural and speculative. We have often ruled that courts do not rely on evidence that arouses mere suspicion or conjecture.[20] To lead to conviction, evidence must do more than raise the mere possibility or even probability of guilt.[21] It must engender moral certainty.
“Q Do you know who is the owner of that house? A What I know is that Narding Estella bought that house, sir. Q Who is that Narding Estella? A The brother of Tony Estella, sir. Q And you know that that has been rent[ed] to people? A Yes, sir. Q Now, so far how many people [rented] that place or that house? A I do not have any information about that[,] sir. Q Why did you know that that place was rented? A Because when I asked Eva she replied that they [were] only renting that house, sir. Q How long has Eva been renting that house? A I do not have any information about that[,] sir. Q Do you know who was living with Eva? A No, sir. Q So, what you know is that Eva lives alone in that house? A Yes, sir. Q And you do not know anybody who is renting that house? A I have no information, sir. Q And you do not know if the accused was renting [it] or not? A I don’t have any information, sir.”[19]
It is undisputed that even before arriving at the hut, the police officers were already being assisted by Barangay Captain Barnachea. Thus, it was highly improbable for him not to see personally appellant’s alleged voluntary surrender of the prohibited drug to the authorities. And yet, his testimony completely contradicted the policemen’s version of the events. He testified that appellant, after being served the search warrant, remained outside the hut and did nothing. In fact, the former categorically stated that when the police officers had gone inside the hut to conduct the search, appellant remained seated on a rocking chair outside.[27] Barnachea’s statements sow doubts as to the veracity of SPO1 Buloron’s claim that, after being apprised of the contents of the search warrant, appellant voluntarily surrendered the prohibited drug to the police.[28]
“PROS. QUINTILLAN: Q When the police officer showed that search warrant what did Antonio Estella said, if any, if you hear[d]? A What I saw is that Tony Estella is sitting in the rocking chair outside the house drinking coffee, sir. Q And you saw him and then the search warrant was presented, isn’t it? A Yes, sir. Q And when it was presented what did Tony Estella do? A What they did they show to Tony the search warrant and I also read the contents of the search warrant, sir. Q And when Tony was shown that search warrant what did he do immediately after being shown that search warrant? A He just [sat] and then he stood up, sir. Q And when he stood up what else did he do? A Nothing, sir. The NARCOM g[o]t inside the house, sir. Q And where did Antonio Estella go when the police entered the house? A He was just outside the house, sir. Q And how far is that house from Antonio Estella? INTERPRETER: Witness estimating the distance of about five (5) meters. COURT: Do the prosecution and defense agree to 5 meters? BOTH COUNSEL: Yes, Your Honor. PROS. QUINTILLAN: Q And when the police entered the house did not Tony go with them? A I did not notice, sir.”[26]
“SEC. 5. Arrest without warrant; when lawful - A peace officer or a private person may, without a warrant, arrest a person:Never was it proven that appellant, who was the person to be arrested, was in possession of the subject prohibited drug during the search. It follows, therefore, that there was no way of knowing if he had committed or was actually committing an offense in the presence of the arresting officers. Without that knowledge, there could have been no search incident to a lawful arrest.
“(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.
“In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with Section 7 Rule 112.”
“Section 12. Search incident to lawful arrest. – A person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant.”However, the scope of the search should be limited to the area within which the person to be arrested can reach for a weapon or for evidence that he or she can destroy.[32] The prevailing rule is that the arresting officer may take from the arrested individual any money or property found upon the latter’s person -- that which was used in the commission of the crime or was the fruit of the crime, or which may provide the prisoner with the means of committing violence or escaping, or which may be used in evidence in the trial of the case.[33]
“When an arrest is made, it is reasonable for the arresting officer to search the person arrested in order to remove any weapons that the latter might seek to use in order to resist arrest or effect his escape. Otherwise, the officer’s safety might well be endangered, and the arrest itself frustrated. In addition, it is entirely reasonable for the arresting officer to search for and seize any evidence on the arrestee’s person in order to prevent its concealment or destruction. And the area into which an arrestee might reach in order to grab a weapon or evidentiary items must, of course, be governed by a like rule. A gun on a table or in a drawer in front of one who is arrested can be as dangerous to the arresting officer as one concealed in the clothing of the person arrested. There is ample justification, therefore, for a search of the arrestee’s person and the area ‘within his immediate control’ – construing that phrase to mean the area from within which he might gain possession of a weapon or destructible evidence.The purpose of the exception is to protect the arresting officer from being harmed by the person being arrested, who might be armed with a concealed weapon, and to prevent the latter from destroying evidence within reach. The exception, therefore, should not be strained beyond what is needed to serve its purpose.[36]
“There is no comparable justification, however, for routinely searching any room other than that in which an arrest occurs – or, for that matter, for searching through all the desk drawers or other closed or concealed areas in that room itself.”[35]