G.R. No. 247409 - Lemoncito vs. BSM Crew Service Centre Philippines, Inc.

Petitioner Ho Wai Pang and five co-accused (Law Ka Wang, Chan Chit Yue, Wu Hing Sum, Tin San Mao, Kin San Ho) were among 13 Hong Kong tourists arriving in Manila on September 6, 1991.
They were charged with conspiracy to transport 31.112 kg of methamphetamine hydrochloride (“shabu”) into the Philippines in violation of Section 15, Article III of R.A. No. 6425, as amended.

Customs Examiner Gilda L. Cinco, manning the express lane at NAIA, inspected travelers’ bags, discovered white crystalline substance hidden in four chocolate boxes, and referred the matter to Narcotics Command.
At the Intensive Counting Unit, 18 identical chocolate boxes were recovered from six accused; NARCOM and NBI forensic tests confirmed the substance was shabu, weighing a total of 31.1126 kg.

An Amended Information charging conspiracy under Criminal Case No. 91-1592 was filed on September 19, 1991; all accused pleaded not guilty, denying knowledge of the contraband.
On April 6, 1995, the RTC convicted them of conspiracy, sentenced each to reclusion perpetua and P30,000 fine, and ordered deportation after service of sentence.
The Court of Appeals affirmed on June 16, 2006 and denied reconsideration on January 16, 2007; all co-accused except petitioner withdrew their appeals, leaving only his petition to the Supreme Court.

Whether evidence obtained during custodial investigation must be excluded for violation of Miranda rights.
Whether petitioner’s constitutional right to confront witnesses was violated.
Whether the prosecution failed to establish conspiracy.
Whether the evidence was insufficient to prove guilt beyond reasonable doubt.