G.R. No. L-6971 - People vs. Remerata

Case Digest (G.R. No. L-6971)
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Facts:

Procedural antecedents of the appeal

The accused-appellant Salipada Mustapa y Muhammad was convicted by the Regional Trial Court, Branch 116, Pasay City, in a decision dated November 11, 1999.
The RTC found the accused-appellant guilty of violation of Section 16 of R.A. No. 6425 (Dangerous Drugs Act), as amended by R.A. No. 7659.
The RTC sentenced the accused-appellant to suffer reclusion perpetua and to pay a fine of P500,000.00, plus the costs of the suit.
The case reached the Supreme Court on appeal by the accused-appellant.

Allegations in the amended information

The amended information charged that, on or about May 7, 1998, in Pasay City, Metro Manila, and within the jurisdiction of the court, the accused-appellant, without authority of law, did wilfully, unlawfully, and feloniously have in his possession, custody, and control 984.58 grams of Methamphetamine Hydrochloride (shabu), a regulated drug.
The information was framed as “CONTRARY TO LAW.”

Arraignment and trial

Upon arraignment, the accused-appellant pleaded not guilty.
The prosecution presented four witnesses:

P/INSP Efren E. Fadriquela, PNP Crime Laboratory Forensic Chemist;
Intel-Agent Aide Noel Lucas;
SPO3 Dan Fabiana; and
Intel-Agent Aide Amelia Palacay.

The defense presented:

Alvin Mohammad; and
the accused-appellant, who testified in his own behalf.

Prosecution version of the incident (May 7, 1998 at the Manila Domestic Airport)

At about 5:30 a.m. on May 7, 1998, Noel Lucas and Amelia Palacay (DILG’s National Action Committee on Anti-Hijacking and Terrorism, assigned to the 2nd Regional Aviation and Security Group) were on duty at the Departure Area, Terminal 1.
Palacay operated the x-ray machine, while Lucas worked as a baggage inspector.
A red and white plastic bag passed through Palacay’s x-ray machine.
The x-ray monitor showed that the bag contained a black box, which in turn contained a green kerosene stove.
The contents of the stove appeared blurred on the monitor and could not be identified by Palacay.
Palacay asked Lucas to open and check the plastic bag.
Lucas asked who owned the plastic bag; the accused-appellant answered: “Sa akin `yan.” (“That’s mine.”).
At that time, the accused-appellant was standing beside the x-ray machine right after the metal detector.
Lucas asked the accused-appellant to open the plastic bag for inspection, but the accused-appellant refused.
Lucas reported to their supervisor, SPO2 Dan Fabiana, who was then supervising civilian employees at the check-in inspection area.
The accused-appellant approached Fabiana and discussed something Lucas could not hear.
According to Fabiana, the accused-appellant approached him and said: “Sir, paki tulungan naman ako na huwag ng buksan ang baggage ko.” (“Sir, please help me so that my baggage would not have to be opened.”).
Fabiana asked why the accused-appellant did not want the baggage opened; the accused-appellant replied that it contained money.
Fabiana asked whether the accused-appellant stole the money and that was why he did not want the bag opened.
Fabiana asked the accused-appellant to point to where the baggage was.
The accused-appellant accompanied Fabiana and pointed to the baggage.
Fabiana ordered Lucas to open the plastic bag on top of the inspection table.
Before the bag was opened, the accused-appellant allegedly told Fabiana that he owned the plastic bag.
Lucas inspected the bag in the presence of Police Chief Inspector Moises Tuliao and Senior Inspector Mateo of the PNP Aviation Security Group.
Lucas opened the bag and found a box containing a green kerosene gas stove.
Lucas unscrewed the stopper of the gas tank of the stove.
Lucas found a black plastic bag containing twenty (20) plastic sachets with a white crystalline substance.
Fabiana wrote his initials on the plastic bag, while both Fabiana and Lucas placed their initials on each of the twenty sachets to prevent substitution and to show the items came from the accused-appellant.
Fabiana placed the accused-appellant under arrest and turned him over to Inspector Tuliao for investigation.
The sachets were then sent to the PNP Crime Laboratory for examination.
Each sachet weighed a little over 49 grams, and the total weight was 984.58 grams.
The sachets were placed inside a black plastic bag.
After qualitative examination, P/INSP Efren E. Fadriquela found that the substance in each sachet was positive for methamphetamine hydrochloride (shabu).
Fadriquela submitted an initial laboratory report and later a final laboratory report.

Defense version of the incident (accused-appellant’s denial and alleged extortion)

The accused-appellant claimed he arrived at the Pasay City Domestic Airport in the early morning of May 7, 1998, accompanied by his cousin Alvin Muhammad.
He claimed he was en route to Cotabato to attend the death anniversary of his grandfather.
He said he carried a black bag containing a prayer book, a rosary, and a radio cassette.
He stated that he placed his baggage on the conveyor belt that would carry the items through the x-ray machine.
As he picked up the bags, Noel L...(Subscriber-Only)

Issues:

Whether the conviction rested on improper reliance on an alleged admission and on presumptions regarding regular performance of duty

Whether the RTC gravely erred in relying on the supposed admission that the accused-appellant owned the red and white plastic bag that later yielded shabu.
Whether the RTC gravely erred despite the accused-appellant’s denial that he made the statement “Sa akin `yan.”
Whether the RTC gravely erred despite the accused-appellant’s denial that he pleaded for the officers not to open the baggage.
Whether the RTC gravely erred despite the alleged statement attributed to an arresting officer: “Pasensiya ka na brother… aksidente lang ang nangyari.”
Whether the RTC improperly relied on the presumption of regularity in the performance of duty of the arresting police officers despite the accused-appellant’s alleged denials.

Whether there was reasonable doubt on the accused-appellant’s culpability due to alleged inconsistencies and alleged frame-up

Whether the c...(Subscriber-Only)

Ruling:

(Subscriber-Only)

Ratio:

(Subscriber-Only)

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