Title
Ho Wai Pang vs. People
Case
G.R. No. 176229
Decision Date
Oct 19, 2011
13 Hongkong nationals are found guilty of trafficking shabu in the Philippines, with the Supreme Court upholding their conviction despite the violation of the petitioner's rights during custodial investigation.
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Case Digest (G.R. No. 176229)

Facts:

  • On September 6, 1991, at approximately 11:30 PM, United Arab Emirates Airlines Flight No. 068 from Hong Kong landed at the Ninoy Aquino International Airport (NAIA) in Pasay City, Philippines.
  • Among the passengers were 13 Hong Kong nationals, including petitioner Ho Wai Pang, who entered the Philippines as tourists.
  • Customs Examiner Gilda L. Cinco, stationed at Lane 8 of the Express Lane, inspected their baggage.
  • During the inspection of the second bag, Cinco discovered chocolate boxes containing a white crystalline substance, later identified as methamphetamine hydrochloride or shabu.
  • The tourists were directed to the Intensive Counting Unit (ICU) for further inspection, where additional chocolate boxes containing shabu were found in the luggage of the accused, including Ho Wai Pang.
  • The total weight of the confiscated shabu was 31.1126 kilograms.
  • Initially, six separate Informations were filed against the accused, but a reinvestigation revealed a conspiracy, leading to a single Amended Information under Criminal Case No. 91-1592.
  • The Regional Trial Court (RTC) of Pasay City found the accused guilty of violating Section 15, Article III of Republic Act No. 6425, as amended, and sentenced them to reclusion perpetua and a fine of P30,000 each.
  • The Court of Appeals (CA) affirmed the RTC's decision, despite acknowledging the violation of the petitioner's rights during custodial investigation.
  • Subsequently, the petitioner filed a petition for review on certiorari before the Supreme Court.

Issue:

  • (Unlock)

Ruling:

  1. The Supreme Court ruled that the evidence taken during the custodial investigation, excluding any extrajudicial confession or admission, was admissible.
  2. The Court found that the petitioner was not deprived of his right to confront the witnesses against him.
  3. The Court upheld the finding of conspiracy among the ...(Unlock)

Ratio:

  • The Supreme Court emphasized that Section 12, Article III of the 1987 Philippine Constitution prohibits as evidence only confessions and admissions made by the accused during custodial investigation.
  • Since the petitioner did not make any confession or admission during his custodial investigation, and no such statements were used against him, the other evidence obtained was admissible.
  • The Cour...continue reading

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