Case Digest (G.R. No. 103911)
Facts:
In this case, Tamil Selvi Veloo and N. Chandrar Nadarajan, both Malaysian nationals, were charged with violating Section 5, Article II of Republic Act No. 9165 (the Comprehensive Dangerous Drugs Act of 2002) for transporting dangerous drugs, specifically methamphetamine hydrochloride or "shabu." The offenses occurred on June 16, 2012, at the Ninoy Aquino International Airport (NAIA) Terminal 2 in Pasay City, Metro Manila. Veloo and Nadarajan arrived from Hong Kong on Philippine Airlines Flight PR 319, each carrying luggage containing heat-sealed plastic packs of white crystalline substance suspected to be shabu.
Veloo took a black Dibola luggage, allegedly thinking it was hers, while Nadarajan had a black Phoenix bag, both of which were later found to contain several heat-sealed packs with methamphetamine hydrochloride weighing a total of approximately 4,018 grams (Dibola bag) and 2,000 grams (Phoenix bag). After Veloo's luggage was inspected and found suspicious
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Case Digest (G.R. No. 103911)
Facts:
- Parties and Charge
- Accused-appellants Tamil Selvi Veloo and N. Chandrar Nadarajan, Malaysian nationals, were charged with violation of Section 5, Article II of Republic Act (R.A.) No. 9165 (Comprehensive Dangerous Drugs Act of 2002) for transporting dangerous drugs.
- There were two separate criminal cases involving them (Criminal Case Nos. R-PSY-12-05297-CR and R-PSY-12-05298-CR), each alleging transport of methamphetamine hydrochloride (shabu) in different bags containing various heat-sealed plastic packs of crystalline substances weighing thousands of grams.
- Apprehension and Seizure
- On June 16, 2012, Veloo and Nadarajan arrived at NAIA Terminal 2 from Hong Kong via Philippine Airlines Flight PR 319 seated beside each other. At the conveyor belt, Veloo took a black Dibola bag, and Nadarajan took a black Phoenix bag.
- Customs Examiner Carol B. Buenconsejo, upon inspecting Veloo’s luggage, became suspicious because Veloo declared nothing to declare but carried a large bag with peanut brittles and clothes, and opened the false bottom of the Dibola bag which contained ten heat-sealed plastic packs containing white crystalline substances.
- Veloo pointed to Nadarajan as “my husband” when the illegal drugs were found, leading to Nadarajan’s apprehension at the Customs exit gate without his luggage initially. Eventually, the Phoenix bag was retrieved more than an hour later from a hotel representative and found to contain six similar plastic packs of white crystalline substances.
- Both bags were inventoried, photographed, and the contents tested positive for methamphetamine hydrochloride by PDEA forensic chemist Arlene Arcos.
- Court Proceedings and Findings
- After joint trial, the Regional Trial Court (RTC) of Pasay City found Veloo and Nadarajan guilty beyond reasonable doubt of illegal transportation of dangerous drugs in both cases and sentenced them to life imprisonment and a fine of P800,000 each per case.
- The Court of Appeals (CA) affirmed the RTC decision in toto.
- The accused-appellants appealed to the Supreme Court, raising issues regarding the prosecution’s failure to prove elements of the crime and alleged non-compliance with the chain of custody requirements under Section 21 of R.A. No. 9165, notably the absence of a DOJ representative during the inventory and photographing of the seized drugs.
Issues:
- Whether the prosecution sufficiently established the chain of custody of the seized drugs in conformity with Section 21 of R.A. No. 9165 and its Implementing Rules and Regulations (IRR).
- Whether the failure to have a DOJ representative during the inventory and photographing of the seized drugs renders the seizure and evidence inadmissible and consequently results in acquittal.
- Whether the accused-appellants were proven guilty beyond reasonable doubt of illegal transportation of dangerous drugs.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)