Case Digest (G.R. No. 227899)
Facts:
People of the Philippines v. Court of Appeals, P/Supt. Dionicio Borromeo y Carbonel and SPO1 Joey Abang y Arce, G.R. No. 227899, July 10, 2019, Supreme Court Third Division, A. Reyes, Jr., J., writing for the Court.On July 9, 2008 combined police and PDEA forces executed a search warrant at the piggery and residence of Eusebio Tangalin in Barangay Upper Bimmotobot, Naguilian, La Union, seizing a clandestine methamphetamine ("shabu") laboratory, large quantities of shabu, precursor chemicals, laboratory equipment, and arresting caretakers Dante Palaganas and Andy Tangalin. A prior surprise inspection had been prompted by complaints of foul odor on Mayor Abraham Rimando’s instruction. A subsequent July 11, 2008 raid recovered additional materials concealed from plain view.
Palaganas gave a sworn extrajudicial confession (July 12, 2008) and a supplemental sworn statement (July 22, 2008) admitting his role as caretaker and implicating the private respondents, who were then members of the PNP Regional Mobile Group: P/Supt. Dionicio Borromeo (Regional Head) and SPO1 Joey Abang. Palaganas was later qualified as a state witness; his account was corroborated by several prosecution witnesses and telephone records tracing calls from Palaganas to Borromeo’s number. The evidence included accounts that Borromeo procured the site, monitored construction and operations via Palaganas, and advised Palaganas to flee during the searches; Abang allegedly threatened Palaganas to keep him at the laboratory and personally visited the site.
An Information for violation of Section 8, Article II of R.A. No. 9165 in relation to Section 26(d) (conspiracy to manufacture) was filed (initially July 10, 2008) and amended several times to add Borromeo and later Abang. The Second Amended Information (July 3, 2009) charged the accused with conspiracy to manufacture methamphetamine and listed aggravating circumstances, including employment of a public official.
The Regional Trial Court (RTC), Branch 67, Bauang, La Union, convicted both private respondents on June 5, 2013: it held Borromeo liable as a co-conspirator and sentenced him to life imprisonment and P10,000,000 fine; it found Abang guilty as protector/coddler and sentenced him to an indeterminate term of 12 years and 1 day to 20 years and P500,000 fine. On appeal the Court of Appeals (CA) affirmed the convictions but modified the penalties. In a June 29, 2016 Decision the CA reduced both sentences to an indeterminate term of 12 years and one day to 20 years and fined each P500,000.00; an Amended Decision dated August 25, 2016 corrected this to impose imprisonment of 17 years, 4 months, and 1 day to 20 years and a P500,000 fine, invoking Section 28 of R.A. No. 9165 (maximum penalties when the accused are government officials) and imposing absolute perpetual disqualification from public office.
The People filed a Petition for Certiorari...(Pro-only)
Issues:
- Did the Court of Appeals err in reducing the penalty imposed on P/Supt. Borromeo, in violation of law and jurisprudence?
- Should the penalty of life imprisonment likewise be imposed on SPO1 Abang?
- Did the Court of Appeals err in applying Article 65 of the Revised Penal Code as the basis for modifying the penalties impos...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)