Facts:
Josefina A. Esparas was charged with illegally bringing into the Philippines
Methamphetamine Hydrochloride (shabu) in violation of
Section 14, Article III of Republic Act No. 6425, as amended by
Republic Act No. 7659. The
amended Information dated June 21, 1994 alleged that on or about
May 20, 1994, in the
City of Pasay, Metro Manila, Esparas, not lawfully authorized by law, conspired, confederated, and helped
one another with
Rodrigo O. Libed (at large) to
import or bring into the country shabu with a total weight of
twenty and 09314 kilograms. Esparas pleaded not guilty on
August 26, 1994. During trial, the prosecution presented Customs witnesses, including
Examiner Perla Bandong,
Collector Celso Templo,
Agent Mariano Biteng, Jr.,
Chemist Elizabeth Ayonon, and
Collection Division Chief Zenaida Bonifacio. The evidence showed that on
May 20, 1994,
Cathay Pacific Airways flight CX-901 arrived at
NAIA from
Hongkong. At about
1:30 p.m., passengers including Esparas and her niece
Alma Juson queued at
customs inspection lane no. 3 manned by Examiner Bandong. Libed approached Bandong and handed her the baggage declaration form of Esparas and Juson. Libed then placed Esparas’s black traveling bag (tag no.
CX 849430) on the inspection table. Upon unzipping the bag, Bandong found used clothes and discovered a wooden base that appeared to be a
false bottom. When she questioned what was underneath, Libed claimed it contained personal effects and repeatedly urged her to stop examining it, allegedly indicating it had already been cleared by the Collectors Office. Bandong called Collector Templo, who ordered a thorough inspection. Templo slashed the false bottom, which yielded a black plastic bag containing yellowish crystalline granules weighing
9.97276 kilograms, later confirmed by Customs chemist to be
shabu. Libed showed his
Citizens Crime Watch identification. While Libed was explaining, Juson and Esparas pushed another black traveling bag toward the exit gate; Templo yelled for interception, and Agent Biteng escorted them back to the inspection lane. A second traveling bag (tag no.
CX 849429) also had a false bottom; after it was slashed, Bandong discovered another black plastic bag containing
9.97479 kilograms of shabu. Bandong prepared a
Baggage Inventory Report and a
Receipt of Property Seized, and the total regulated drug weight of
19.94755 kilograms was turned over to
PNP NARCOM under
Boat Note No. 22238641 and deposited in the Bureau of Customs vault. Esparas absconded after the prosecution presented key witnesses, and the defense offered no witness; instead, it presented records from the preliminary investigation, including Esparas’s
counter-affidavit dated June 6, 1994 claiming that the traveling bags belonged to a Chinese national named
Robert Yu, allegedly introduced by Libed, who had financed her trips and requested her to bring the bags to Manila. Esparas also filed a
Manifestation requesting that she be made a state witness against Yu. The
Regional Trial Court of Pasay City (Branch 114) found Esparas guilty, imposed the
death penalty, and ordered a
fine of P10 Million plus costs. The trial court found that Esparas belonged to an organized or syndicated crime group and that she conspired with Libed to import almost
20,0000 grams of shabu into the country. On automatic review, the Court addressed the effect of Esparas’s escape on its jurisdiction, and proceeded to review her conviction. Esparas assigned error in insisting that she should have been discharged to testify as a state witness against Yu and in challenging the imposition of death and the fine.
Issues:
Whether the trial court erred in refusing to grant
Esparas’s request to be discharged and utilized as a state witness
and in finding her guilty of violating the Dangerous Drugs Act through conspiracy and an aggravating circumstance that warranted the death penalty**.
Ruling:
Ratio:
Doctrine: