608 Phil. 313
CHICO-NAZARIO, J.:
That on or about the 3rd day of December, 2000, in the municipality of San Fernando, province of Pampanga, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, JASON SY, not having been previously licensed, authorized and/or permitted by law, did then and there willfully, unlawfully and feloniously sell one (1) carton box methamphetamine hydrochloride (shabu) weighing nine hundred eighty-seven and thirty-two thousand two hundred sixty-five hundred thousandth (987.32265) grams, a regulated drug, to a poseur-buyer.[5]During arraignment, accused-appellant entered a plea of "NOT GUILTY."
The first witness to testify was PO3 Ricardo L. Amontos. He declared that he was a member of the Special Action Team 3rd CIDG, Camp Olivas, City of San Fernando, Pampanga. At about 4:00 o'clock in the afternoon of December 2, 2000, he reported to Camp Olivas on instructions of their team leader, Major Julian Caesar Mana. The latter told them that PO2 Christian Trambulo, together with a civilian informant, were negotiating a drug-deal with a certain person allegedly named Jason Sy. Consequently, at around 2:00 o'clock of the next morning, December 3, 2000, Major Mana conducted a briefing regarding a possible buy-bust operation. Those presents (sic) were Major Mana, Captain Julieto Culili and six (6) other police officers. He was designated as back-up of PO2 Trambulo. His duty was to assist in apprehending the suspect. After the briefing, they proceeded to the designated area at the Chowking Food Chain located at the Gapan-Olongapo Road, Dolores, City of San Fernando, Pampanga. The proceeded thereat in four (4) vehicles. Two vehicles were parked at the parking lot located in front of Chowking Fast Food. One used by PO2 Trambulo and the informer while the other was used by him and PO3 Vasquez. They were ten to fifteen meters away from Trambulo. The two other vehicles were parked along Gapan-Olongapo Road within viewing distance. The place was well-lighted. Lights emanated from the Chowking Fast Food and from a spotlight in the building beside the restaurant. Witness narrated further that at around 3:00 o'clock of the said morning, a color red Nissan Altima arrived at the parking lot. A male person, who was later identified as accused Jason Sy, alighted and walked towards the car where PO2 Trambulo was. Jason Sy and PO2 Trambulo talked for awhile. Then PO2 Trambulo removed his bull cap, which was the pre-arranged signal that the sale has already been consummated. As soon as he saw the signal, he immediately rushed to the place where PO2 Trambulo was standing. At this moment, PO2 Trambulo has already placed Jason Sy under arrest by holding the latter's hand. He recovered the Php5,000.00 marked money and the boodle money from the possession of Jason Sy and apprised him of his constitutional rights. He then turned over possession of the boodle money to PO2 Trambulo. Subsequently, they brought Jason Sy to their office at Camp Olivas. PO2 Trambulo turned over custody of Jason Sy, the buy-bust money and a transparent plastic packed inside of which was a paper bag with the label Jacob Fish cracker, allegedly containing shabu, to the police investigator. He also identified the join-affidavit (x x x) which he and PO2 Trambulo executed.The defense sought to establish its "hulidap" theory through the testimonies of the accused-appellant Jason Sy, Henry Ang (helper of acused-appellant), Armando Escala (a taxi driver), Jose Pepito (jeepney driver), Allan Castro (guard at Chowking along Olongapo-Gapan Road), Andrea Co (neighbor of accused-appellant) and Co Kim Eng. The defense presented an entirely different scenario, with the following version of the facts:
During cross-examination, he recounted that it was Major Mana who gave the P5,000.00 marked money to PO2 Trambulo but it was the latter who prepared the boodle money. At the time PO2 Trambulo removed his bull-cap, he, Amontos, was standing beside their car while Narciso Valdez was inside the vehicle. Their superior officers, Julius Caesar Mana and Julieto Culili, who were in two separate cars, later joined them. He informed Jason Sy of his constitutional rights in English because according to the informant Jason is a Chinese National. He asked Jason whether he understand (sic) English and the latter nodded his head.
Senior Inspector Maria Luisa Gundran-David, the Crime Laboratory forensic chemical officer, testified that she conducted a qualitative examination of the shabu specimen by weighing it. The specimen weighs 987.32263 grams. She also conducted a test reaction by Simons Reagent. There was a blue coloration indicating that the sample was positive for shabu. She next conducted a confirmatory test using the TLC method, the results of which confirmed her initial impressions. She found as follows:FINDINGS:During cross-examination she stressed that it was their technician, using an analytical balance, who weigh (sic) the shabu in her presence. She admitted that in this case, the money allegedly recovered or used in the buy-bust operation were not subjected to ultraviolet forensic examination.
Qualitative examination conducted on the above-stated specimen gave POSITIVE results to the tests for Methylamphetamine hydrochloride, a regulated drug.
The third witness for the prosecution was PO2 Christian Trambulo. He testified that the informant introduced him to Jason thru cellular phone. They conversed in Tagalog. They agreed that he was going to buy one (1) kilogram of methamphetamine hydrochloride or shabu for Php5,000. Captain Mana gave him ten (10) pieces of genuine Php500 bills x x x, the boodle money x x x, and placed the original money and the boodle money inside a blue paper bag x x x. He corroborated the testimony of Amontos of the meeting with the informant in their office, the preparations made by the team, the meeting with Jason Sy at the Chowking Restaurant, the details of the exchange, the transfer of the shabu from Jason to him and the receipt of the blue paper bag containing the boodle money by Jason, up to the arrest of the accused. He identified the Receipt of Property Seized, dated December 3, 2000 x x x; the booking sheet x x x; the request for physical examination x x x, the request for laboratory examination x x x and request for drug dependency test x x x and the Joint affidavit he executed with Amontos x x x.
During cross examination he disclosed that the team were (sic) composed of eight (8) members and one informant. He stressed that during the briefing[,] Captain Mana told them that the suspect was a Chinese person operating in the 3rd Regional area, within their immediate area of jurisdiction and he is fluent in Tagalog. He was able to prove this because he talked with accused personally over the phone. Accused informed him that he, Jason, will be arriving in a car. The informant told him that accused can speak English and Tagalog. The deal for a kilo of shabu, which had a street value of Php2 Million, was made in two to three minutes. He clarified that it was Major Mana who gave him the genuine and boodle money.
The third prosecution witness was Senior Inspector Julieto B. Culili, who corroborated the testimonies of Amontos and Trambulo. He disclosed that they propounded several questions at the confidential informant to determine the sincerity and truthfulness of the information given regarding the illegal drug activities of a certain Jason. He confirmed that they jumped off at around 2:00 a.m. the next morning towards Chowking Restaurant along Olongapo-Gapan Road, Dolores, San Fernando, Pampanga. He recalled the number of vehicles used, how a Chinese looking person alighted from same car and approached Trambulo, how he witnessed Trambulo removed (sic) his bull cap, how they arrested the accused. He investigated Jason Sy after he was arrested. He instructed his men to prepare their affidavit. He was the one who personally prepared the request for Laboratory Examination, Request for Physical Examination, the booking sheet, and other documents for the filing of the case. He instructed his men to bring accused for physical examination and for PO3 Trambulo to bring the evidence to the crime laboratory for examination. He recalled that his men turned over to his custody the one (1) kilo of shabu, the person of the accused and the car he used.
During cross-examination, defense counsel made reference to the case of People vs. Go Lip Tse, Criminal Case No. 98-0292 filed before the Regional Trial Court of Pasay City, where the witnessed (sic) participated in a buy-bust operation. Defense counsel confronted Culili with a decision of the court acquitting the accused therein because based on the video taken of the incident, it appears that accused Go was merely abducted and there was really no buy-bust. Culili also admitted that he was informed about a criminal case pending against him, Senior Inspector Mana, Medel Pono, Inspector Carlito Dimalanta and Francisco Villaroman for violation of Section 19 of RA 7659 for planting of evidence in order that a person may be charged for violation of RA 7659.[6]
The accused is a businessman engaged in the business of trading in ready-to-wear (RTW) clothes, among others. He delivers his goods in Tutuban, Divisoria, Baclaran and other commercial areas in Metro Manila. He maintains a commercial stall on the 3rd Floor of the Tutuban Shopping Mall and he goes there almost everyday from his residence at 14 Polyteach Street, University Hills, Caloocan City. This has been his daily routine until that fateful day in December 2000.After trial on the merits, RTC rendered its Decision convicting accused-appellant of the crime charged in Criminal Case No. 11379, the dispositive portion of which reads:
Accused (sic) life will change on 2 December 2000. On that day, at dawn, accused was illegally abducted while in his car, stalled in momentary traffic, along EDSA in Caloocan City, in form of Max Restaurant and about a hundred (100) meters to the Bonifacio Monument. A witness, Jose Pepito, saw two (2) persons commandeered (sic) accused's car, forced him to move to the back seat, and sped away with him. Accused was initially brought to a place which looks like a cemetery. While the accused could not name the cemetery, he recalled that it was near a toll gate going to the North Expressway.
At the cemetery, his vehicle was ransacked and his person searched, divesting him and his car of his sample RTW products, cash amounting to P4,000.00 to P5,000.00 and his cellular phone, among others. Thereafter, he was brought to his house at Polyteach Street, University Hills, Caloocan City, where the place was likewise pillaged by these persons numbering about ten (10) by that time. They took all his stock merchandise or inventory and carted them away to their own vehicles. Fifteen (15) to twenty (20) minutes later they left with the accused in his car, and in two (2) other cars. The accused had no idea where they were going.
While on board his car, he was asked to call his relatives through his mobile phone. But not having any relatives in the Philippines, he instead called up his mother's friend whom he addresses as "Auntie Kim Ying." He was instructed by his abductors to ask his auntie to raise One Million Five Hundred Thousand (P1.5M) Pesos in ransom. The phone was immediately taken from him after delivering the message. Thereafter, he was blindfolded and they kept on driving, making only a short stop to take lunch. It was getting dark when they finally arrived at their destination. The accused had no idea where they were at that time.
Unknown to the accused then and while he was being driven by his abductors, Mrs. Co Kim Eng (Kim Ying), upon receiving the call from the accused, had frantically raised the amount of P1.5 Million Peson from her relatives, business associates and friends. She then contacted Mrs. Andrea Co ("Aning" "Annie") in the evening of 2 December 2003 to deliver the money to accused's abductors.
Mrs. Andrea Co, fearful but owed a debt of gratitude to accused as her supplier on credit of various RTW clothing, agreed to undertake the delivery of the money. She accepted the money and a cellular phone, which phone, according to Mrs. Co Kim Eng, was the one being contacted by accused's kidnappers. While Annie Co was waiting for a taxi cab, the said phone rang. The caller was inquiring whether she already had the money, but Andrea Co insisted on talking to the accused first to be assured of his identity and well-being. Thereafter, she was instructed by the caller to proceed to San Fernando City, Pampanga, to find the Total Gas Station there and to wait for the next instruction by phone. She did by hiring a taxi cab to go to San Fernando City.
At about midnight of the same day of 2 December 2000, accused was handed a mobile phone. His other friend whom he calls "Auntie Aning" (Andrea Co), was on the other end of the line confirming his identity and his safety. The mobile phone was immediately taken from him after some short exchanges. He was then left alone in a room without window, "no everything," but guarded by two of his abductors.
Meanwhile, Andrea Co arrived at the Total Gas Station in San Fernando City, Pampanga and waited there for about 30 minutes. Thereafter, she received another call, instructing her to proceed to the dark corner of the street fronting a McDonald's Restaurant along McArthur Highway. Upon arrival at the designated place, she was ordered to alight from the taxi cab and to bring the money with her. She noticed an L-300 Mitsubishi van slowly parking behind them. Thereafter, several persons alighted from the van and took the money from her. She noticed several persons inside the van carrying Armalite rifles when its sliding door was opened. She was then instructed to go back to the Total Gas Station to wait for the accused.
Back at the Total Gas Station, she received another call ordering them to leave the place. While she complied and left the gas station, she asked the taxi cab driver to wait again at the San Fernando toll gate's entrance to the expressway. While there she tried to call accused's kidnappers. The line was dead. They then proceeded to Manila via the expressway route. She received one last call from accused's abductors assuring her that Jason Sy was with them except that they were taking the "San Simon" route to Manila. She never heard from them anymore until she arrived home at about 4:00 o'clock in the morning of 3 December 2003.
Before dawn the following day, (3 December 2000), (sic) the accused was taken from his holding cell and brought to an office which he learned only later as inside Camp Olivas in San Fernando, Pampanga. Unknown to him, a case of drug trafficking had been prepared by his abductors (now obviously, police officers) for filing before the prosecutor's office on that day. (During the trial, accused recognized P/Inspector Julieto Culili as one of his abductors, when Culili finally testified in court as the prosecution's last witness).
The arresting officers would later claim that the accused was arrested in a "buy-bust operation" at the parking space of Chowking Restaurant at San Fernando City along the Olongapo-Gapan Road at about 2:00 o'clock in the morning of "3 December 2003." Obviously, the police officers had moved the date from 2 December to 3 December 2003 to prevent a charge of arbitrary detention exceeding the maximum thirty-six (36) hours to deliver a detained person to the proper judicial authorities.[7]
WHEREFORE, this Court finds the accused Jason Sy guilty beyond reasonable doubt of the crime of violation of Section 15 of R.A. 6425, as amended by R.A. 7659, involving 987.32265 grams of shabu and sentenced (sic) him to suffer the penalty of reclusion perpetua.[8]In finding him guilty beyond reasonable doubt, the trial court gave full faith and credence to the testimonies of the prosecution witnesses, noting that they testified in a clear and straightforward manner.
IN VIEW WHEREOF, the impugned Decision of the trial court in Criminal Case No. 11379 convicting accused-appellant JASON SY for violation of Section 15, Article III of R.A. 6425, as amended, is AFFIRMED, subject to the MODIFICATION that in addition to the penalty of reclusion perpetua imposed by the trial court, the penalty of fine in the amount of Five Hundred Thousand pesos (P500,000.00) is likewise imposed on accused-appellant.[10]Thereafter, accused-appellant sought recourse to this Court via Notice of Appeal[11] filed with the Court of Appeals on 23 June 2008.
[E]xcept when the appellant vehemently denies selling prohibited drugs and there are material consistencies in the testimonies of the arresting officers, or there are reasons to believe that the arresting officers had motives to testify falsely against the appellant, or that only the informant was the poseur-buyer who actually witnessed the entire transaction, the testimony of the informant may be dispensed with as it will be merely corroborative of the apprehending officers' eyewitness testimonies. There is no need to present the informant in court where the sale was actually witnessed and adequately proved by prosecution witnesses.None of the foregoing circumstances are present in the case at bar. As shown from the evidence adduced by the prosecution, the sale was actually witnessed and proven by the prosecution witnesses.
SEC. 15. Sale, Administration, Dispensation, Delivery, Transportation and Distribution of Regulated Drugs. — The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand persos to ten million pesos shall be imposed upon any person who, unless authorized by law, shall sell, dispense, deliver, transport or distribute any regulated drug.Corollary thereto, Section 20 of the same law, as amended, states:
Notwithstanding the provisions of Section 20 of this Act to the contrary, if the victim of the offense is a minor, or should a regulated drug involved in any offense under this Section be the proximate cause of the death of a victim thereof, the maximum penalty herein provided shall be imposed.
SEC. 20. Application of Penalties, Confiscation and Forfeiture of the Proceeds or instruments of the Crime. — The penalties for offenses under Sections 3, 4, 7, 8 and 9 of Article II and Sections 14, 14-A, 15 and 16 of Article III of this Act shall be applied if the dangerous drugs involved is in any of the following quantities:From the foregoing provisions, the penalty for the sale of regulated drugs is based, as a rule, on the quantity thereof. The exception is where the victim is a minor or where the regulated drug involved is the proximate cause of the death of the victim. In such cases, the maximum penalty prescribed in Section 15, i.e., death, shall be imposed, regardless of the quantity of the prohibited drugs involved. This circumstance is absent here.Otherwise, if the quantity involved is less than the foregoing quantities, the penalty shall range from prision correccional to reclusion perpetua, depending upon the quantity.
- 40 grams or more of opium;
- 40 grams or more of morphine;
- 200 grams or more of shabu or methylamphetamine hydrochloride;
- 40 grams or more of heroin;
- 750 grams or more of indian hemp or marijuana;
- 50 grams or more of marijuana resin or marijuana resin oil;
- 40 grams or more of cocaine or cocaine hydrochloride; or
- In the case of other dangerous drugs, the quantity of which is far beyond therapeutic requirements, as determined and promulgated by the Dangerous Drugs Board, after public consultations/hearings conducted for the purpose.