325 Phil. 161
HERMOSISIMA, JR., J.:
"x x x in the morning of March 2, 1988, P03 Armando Ayson (an OIC of the Coast Guard Detachment of Damortis, La Union), Cesar Rodolfo Corpuz (Petty Officer Third Class Officer of the Philippine Navy) and Haravata also called ‘Wengweng’ (a civilian agent) conducted a sea patrol by using a banca, and while they were at the sea in Bauang, La Union, they saw a fishing boat named ‘Milogen de Luxe’ (Milogen for short) with its front end pointed upward with the marking ‘2 CGD’ which marking belongs to the 2nd Coast Guard District in Cebu (the marking of banca in La Union is ‘7 CGD’. As the Milogen is not registered in La Union, they went near the ‘Milogen’ which is anchored about two hundred (200) meters away from the mouth of the Bauang river x x x Ayson and Haravata boarded the ‘Milogen’, while Corpuz was left in the patrol boat. Then Ayson asked the crew of the ‘Milogen’ and a person who gave his name ‘Ireneo Amodia,’ answered that they came from the Visayas. Ayson asked Amodia why they were there and Amodia told Ayson that their ‘catig’ was destroyed. Ayson asked for the documents of the ‘Milogen’ and Amodia handed (sic) him documents (Exhs. D, D-1 to D-16). He read the documents and all (sic) are expired particularly, Conditional Certificate of Inspection (Exh. D-4) and the Special Permit No. 0468-86 (Exh D-5). He asked permission from Amodia to see the effects, and he went inside, the bodega and he saw marijuana, .38 cal. guns and ammunitions. At that time, the crew on board the ‘Milogen’ were Ireneo Amodia, Beltran Garais, Justiniano Gregorio, Diosdado Catamora, Hidetomi Sakihama. He asked Amodia who (sic) was their leader, and Amodia told him that it was Vicente Jain who together with George Agoni went ashore. Then he radioed their headquarters, informing what they found and he received by radio from Commander Halanes, Chief of the Staff an order to impound the ‘Milogen x x x They waited for Jain and Agoni who arrived after the lapse of forty-eight (48) minutes, and then Ayson arrested Jain and Agoni. Ayson got the documents (Exhs. D, D-l to D-16) of the Milogen from Amodia and he issued an Inspection! Apprehension Report (Exh. F) to Amodia and Jain xxx Later, members of coast guard from headquarters on board a 6 x 6 truck arrived at the seashore. Then Ayson ordered the crew of the Milogen to pull the anchor and they brought the Milogen to their headquarters at Poro Point, San Fernando, La Union, while PO3 Corpuz was alone on board the patrol boat. Arriving at their headquarters, Ayson and P03 Corpuz turned over the x x x seven (7) accused to their operation officer, Lt. Alvarez, together with seven (7) and one-half (1/2) sacks of marijuana, four (4) cartons of Champion and Hope containing marijuana, ninety (90) guns, .38 cal. and one thousand and one hundred fifty (1. 150) pieces of .38 cal. bullets all of which were unloaded from the Milogen under the supervision of District Commander Benjamin Nebres, Jr. and were taken to the office of the Coast Guards. Then the intelligence officer of Coast Guard took several pictures of the Milogen and also the sacks and cartons of marijuana, guns and bullets with the seven (7) accused (Exhs. C, C-2, C-3, C-4, C-5, C-6 and C-7). The seven and one-half (7 1/2) sacks of marijuana weighing 166 kilos (Exhs. A, A-1 to A-7, respectively), eighty-four (84) pieces of .38 cal. (Exhs. A, A-1 to A-84), (the other six [6] guns were sent to the ballistician/Exhs. I, I-1 to I-5/) and 1,150 pieces of bullets (Exhs. B, B-1 to B-1034, x x x, were inventoried by PO1 Feliciano Mina and PO2 Bongolan and made a typewritten Inventory Report (Exh. E) which was signed by PO1 Mina and the accused Jain, Agoni, Garais, Amodia and Gregorio.In due course, the following informations were filed in the Regional Trial Court of Bauang, La Union, by Provincial Fiscal Francisco M. Tejano:
Samples of marijuana taken from the sacks placed in thirty-six (36) envelopes (Exhs. I, J, K, L, M, N, O, P, Q, R, S, and T and their submarkings) were sent for examination to Capt. Carlos Figueroa, Forensic Chemist of the PC Crime Laboratory Service, Camp Dangwa, who, after conducting a chemical analysis on the samples, has found the sample to be positive of marijuana, which finding is embodied in Chemistry Report NRD 031-88 (Exh "G").
Six (6) pieces of the confiscated guns (Exhs. I, I-1 to I-5) and live bullets were sent for ballistic examination to C2C Rolando Gallardo a ballistician of the Crime Laboratory Service of Camp Bado Dangwa. After each of the six (6) guns were test fired by him to determine if they are serviceable, he found that they are functioning very well and he issued a Ballistic Report (Exh. G).
According to Sgt. Eliseo Buen, the Registry and Records of Firearms in La Union do not show that the seven (7) accused are registered firearms holders in La Union. Likewise, according to the Master’s List of Licensed Firearms holders throughout the Philippines of (sic) Firearms and Explosive Unit of the PC, the said seven (7) accused are not registered owners of firearms evidenced of which is a certification dated September 15, 1988 (Exh. N) issued by PC Capt. Jeoffrey Palalay, Chief of the Records and Legal Research of the Firearms and Explosive Unit.
After the accused were brought to Coast Guard Headquarters, Police Corporal Romeo Ochoco of the Police Station of San Fernando, La Union, took separately the sworn statements of Vicente Jain (Exh. W) and George Agoni (Exh. X) who were assisted by Atty. Raymund Tabangin and Atty. Oscar Lorenzo, respectively, both lawyers of the CLAO. "[1]
Crim. Case No. 906-Bg. "Violation of R.A. No. 6425"[2]Upon arraignment, all the accused entered pleas of "not guilty" to the offenses charged and, thereafter, a joint trial ensued.[5]
"That on or about the 2nd day of March, 1988, in the Municipality of Bauang, Province of La Union, Philippines, and within the jurisdiction of this Honorable Court, the above named accused, conspiring, confederating and mutually helping one another, did then and there willfully, unlawfully and feloniously, while managing and operating (sic) fishing boat (motorized banca) identified as M/S MILOGEN DE LUXE had in their control, custody (sic) loaded and being transported in the said motorized banca 166 kilos of marijuana leaves which is a source of prohibited drugs without having secured any permit, license or legal authority to possess and transport the same."[3]
Crim. Case No. 907-Bg. - "Illegal Possession of Firearms and Ammunitions"
"That on or about the 2nd day of March, 1988, in the Municipality of Bauang, Province of La Union, Philippines and within the jurisdiction of this Honorable Court, the above named accused, conspiring and confederating with each other and mutually helping one another, did then and there willfully, unlawfully and feloniously have in their possession, control and custody Ninety (90) revolvers (homemade) and One Thousand One Hundred Fifty (1,150) rounds of live ammunitions, without having secured any permit, license or legal authority to possess, and be in the custody of the said firearms and ammunitions from the proper government agency."[4]
"WHEREFORE, judgment is hereby rendered as follows:In their brief, appellants Jam and Garais alleged that the trial court erred in not dismissing the two cases filed against them.[7] They claim that the prosecution failed to adduce any evidence showing that they participated in a conspiracy to illegally transport marijuana, guns and ammunition from Samar to Itbayat Island via the vessel "Milogen de Luxe."[8]
1. Criminal Case No. 906-Bg.
Finding all the accused guilty beyond reasonable doubt for violation of the provisions of Section 4, of Republic Act No. 6425, as amended, particularly in the transport of prohibited drugs, each accused is hereby sentenced to suffer the penalty of life imprisonment, and each to pay a fine of Thirty Thousand Pesos (P30,000.00);
2. Criminal Case No. 907-Bg.
Also finding all the accused guilty beyond reasonable doubt of the crime of Illegal Possession of Firearms and Ammunition, each accused is hereby sentenced to suffer the penalty of twenty (20) years of reclusion temporal in its maximum period."[6]
"SEC. 4. Sale, Administration, Delivery, Distribution and Transportation of Prohibited Drugs. - The penalty of life imprisonment to death and a fine ranging from twenty thousand to thirty thousand pesos shall be imposed upon any person who, unless authorized by law, shall sell, administer, deliver, give away to another, distribute, dispatch in transit or transport any prohibited drug, or shall act as a broker in any of such transactions x x x."There is substantial evidence to prove that appellants were directly involved in the unlawful dispatch in transit of the marijuana. The appellants and their co-accused were caught in flagrante delicto transporting prohibited drugs. The evidence of the prosecution, particularly the testimonies of P03 Armando Ayson and Cesar Corpuz, had clearly established that appellants indubitably committed the crimes charged. As law enforcers, their narration of the incident is worthy of belief and as such they are presumed to have performed their duties in a regular manner, there being no evidence to the contrary.[21] More so, appellants did not impute any false motive on the part of the officers who arrested them.[22]