G.R. No. 146481 - Rimorin Sr. vs. People

Arturo G. Rimorin Sr. and several co-accused were charged under Information docketed as CCC-VI-137 (79) for smuggling 305 cases of assorted brands of blue seal cigarettes valued at P513,663.47, imported without the payment of duties and taxes in violation of the Tariff and Customs Code, as amended.
The accused allegedly conspired and confederated to import, assist in importing, buy, sell, transport, or facilitate the handling of said contraband cigarettes.

On October 12, 1979, Col. Panfilo Lacson of the Metrocom Intelligence and Security Group (MISG), upon receiving information on smuggling activities at Port Area, Manila, conducted surveillance.
On the early morning of October 15, 1979, a green cargo truck (Plate No. T-SY-167) was intercepted after leaving the 2nd COSAC Detachment with 305 cases of blue seal cigarettes inside. The truck driver, known only as "Boya," escaped.
Police Sgt. Arturo Rimorin, Pat. Felicisimo Rieta, and Gonzalo Vargas were apprehended inside the truck. At nearly the same time, a Toyota Corona car with four COSAC personnel was also intercepted; they were found without mission orders and in possession of firearms.

Rimorin claimed he was asked by his acquaintance "Leonardo" or "Boya" to accompany him on a trip he thought was for hauling rice and household items, not knowing it would involve smuggled goods.
He stated unusual deviations from the expected route, but explained he was unaware of the existence of contraband within the truck, and that “Boya” escaped under suspicious circumstances.
Rimorin and co-accused were not present when the smuggled goods were taken out of the truck and saw the cigarettes only at MISG’s office days after their apprehension.

Rimorin pleaded not guilty and was subsequently convicted by the Regional Trial Court, Manila (Branch 46), finding him guilty beyond reasonable doubt of smuggling.
On appeal, the Court of Appeals (CA) affirmed the conviction but acquitted some other accused who were not found in possession of the cigarettes.
Rimorin filed a Petition for Review before the Supreme Court seeking to reverse the CA judgment.

Whether the Court of Appeals erred in not dismissing the charge due to the failure of the prosecution to present the seized contraband cigarettes (corpus delicti) in court.
Whether the petitioner had knowledge of the illegal nature of the goods found in the truck despite his denial.
Whether the sale of the seized goods conducted without notice to petitioner was proper and admissible in evidence.