Case Digest (G.R. No. 156439)
Facts:
In People of the Philippines v. Amago and Vendiola, Jr. (G.R. No. 227739, January 15, 2020), the Regional Trial Court (RTC) of the 7th Judicial Region, Branch 30 in Dumaguete City, convicted Joseph Solamillo Amago and Cerilo Bolongaita Vendiola, Jr. for violation of Section 5, Article II of Republic Act No. 9165 (the Comprehensive Dangerous Drugs Act of 2002). On September 5, 2013, Police Officer 2 Rico Larena and a civilian augmentation unit member manned a checkpoint on South National Highway in Barangay Banilad. They observed a motorcycle bearing two occupants make an abrupt U-turn, whereupon they blocked and approached the riders. Amago’s fall exposed a firearm in his waistband, and Vendiola was found to bear a folding knife. Incident to Amago’s lawful in flagrante arrest, Larena searched the motorcycle’s utility box and discovered six heat-sealed sachets containing crystalline substance later positively identified as methamphetamine hydrochloride, with a total weight of 0.3Case Digest (G.R. No. 156439)
Facts:
- Criminal Charge and Procedural History
- On September 25, 2013, Joseph Solamillo Amago and Cerilo Bolongaita Vendiola, Jr. were charged by Amended Information with illegal transportation of dangerous drugs in violation of Section 5, Article II of R.A. No. 9165, allegedly conveying six heat-sealed sachets of shabu totaling 0.31 gram. They pleaded not guilty at arraignment before RTC, Branch 30, Dumaguete City.
- The RTC rendered its September 17, 2014 Judgment finding appellants guilty and sentencing each to life imprisonment and a ₱500,000 fine. The Court of Appeals affirmed on May 31, 2016 (CA-G.R. CR-HC No. 01953).
- Prosecution’s Version
- On September 5, 2013 at about 9:45 a.m., PO2 Rico Larena and a civilian aide manned a checkpoint along South National Highway, Barangay Banilad, Dumaguete City. A Honda Wave motorcycle carrying Amago (driver) and Vendiola (passenger) abruptly made a U-turn before the checkpoint. Upon blocking them, Larena observed a .45-caliber pistol in Amago’s waistband and a folding knife in Vendiola’s pocket. Both were arrested after failing to produce permits.
- Incident to arrest, Larena searched the motorcycle’s utility box and found a peppermint gum container with six sachets of white crystalline substance. He marked and inventoried all items in the presence of Barangay officials, a DOJ representative, media, and police personnel pursuant to R.A. 9165. The sachets were sealed, sent to the crime laboratory, weighed (aggregate 0.31 g), and tested positive for Methamphetamine Hydrochloride. Separate urine tests of appellants also yielded positive results.
- Defense’s Version
- Amago and Vendiola, friends and neighbors from Bacong, Negros Oriental, were traveling legitimately to Dumaguete City—Amago to collect receivables for bamboo furniture; Vendiola to procure an oil filter for an ambulance. They borrowed a motorcycle, stopped voluntarily before the checkpoint due to expired registration, and were approached by officers who allegedly planted evidence.
- Both appellants denied knowledge or possession of any drugs or paraphernalia. They claimed surprise at the drug charges, asserting that items recovered were not theirs and that they had no enmity with the arresting officers.
Issues:
- Whether the seized shabu and drug paraphernalia are inadmissible as the fruit of a poisonous tree.
- Whether the prosecution sufficiently proved the elements of illegal transportation under Section 5, Article II of R.A. 9165.
- Whether conspiracy between Amago and Vendiola was established.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)