Case Summary (G.R. No. 189272)
Facts
While conducting surveillance on a “suspicious-looking” fishing boat near Ambil Island, PNP officers observed two boats transferring cargo. One vessel escaped; on the remaining speedboat they found appellants in possession of forty-five transparent plastic bags (approx. 1 kg each) containing crystalline methamphetamine hydrochloride (“shabu”). Appellants failed to produce identification; offered bribes; were taken to shore, inventoried in the presence of the municipal mayor, and transported to Camp Vicente Lim. Custodial interrogation was hindered by language barriers until an interpreter arrived; appellants repeated “call China, big money” but made no admissions. The seized substance underwent proper marking, chain-of-custody procedures, and forensic testing, confirming it as methamphetamine hydrochloride.
Procedural History
The Occidental Mindoro Provincial Prosecutor filed an Information for illegal importation of regulated drugs (Sec. 14, Art. III and Sec. 21(a), Art. IV of R.A. 6425, as amended). RTC Branch 44 found appellants guilty of importation, sentencing each to reclusion perpetua and a ₱1,000,000 fine. The CA affirmed. Appellants appealed to the Supreme Court, raising five issues on elements of importation, corpus delicti, presumption of regularity versus constitutional guarantees, validity of arraignment, and sufficiency of proof beyond reasonable doubt.
Issues
- Whether appellants committed “importation” of regulated drugs without lawful authority.
- Whether corpus delicti was established beyond reasonable doubt.
- Whether presumption of regularity in police duty overcomes asserted constitutional violations.
- Validity of appellants’ arraignment.
- Whether guilt was proven beyond reasonable doubt.
Legal Analysis
- Importation Requirement – Importation of regulated drugs under R.A. 6425 requires proof that the drugs were brought into the Philippines from a foreign territory. Previous rulings (e.g., United States v. Jose) and statutory definitions confirm that importation connotes introduction from an external source. The evidence did not show that the speedboat or drugs came from outside the Philippines; appellants’ nationality and bribe offers did not suffice to establish foreign origin.
- Possession as Included Offense – Under Supreme Court precedents (People v. Elkanish), possession is inherent in importation. Double jeopardy principles permit conviction for the lesser included offense of illegal possession when importation cannot be sustained but possession is proven.
- Elements of Illegal Possession (Sec. 16, Art. III, R.A. 6425, as amended) – (a) possession of a regulated drug; (b) lack of lawful authority; (c) conscious possession. All elements were met: appellants were found with plain-view bags of shabu on their boat; they offered bribes and failed to account for their presence or cargo; defense claims of frame-up lacked credible proof and were properly discredited by the trial court.
- Search, Seizure, and Arrest – Warrantless arrest was valid under the flagrante delicto exception (Rule 113, Sec. 5(a), Revised Rules on Criminal Procedure). The plain-view doctrine justified immediate seizure of the drugs, as officers lawfully approached, inadvertently saw incriminating evidence, and recognized its criminal character.
- Chain of Custody – Proper marking, inventory (in the presence of appellants and the mayor), turnover to PNP Regional Headquarters, laboratory examination, and court presentation ensured an unbroken chain of custody.
- Detention Period – Although the Information was filed five days after arrest, appellants did not initiate relief against alleged overdetention. Criminal proc
Case Syllabus (G.R. No. 189272)
Facts
- On December 3, 1998 at about 10:00 a.m., SPO2 Lazaro Paglicawan and SPO3 Isagani Yuzon of the Looc, Occidental Mindoro PNP Station received a radio report from Barangay Captain Maximo Torreliza concerning a suspicious boat near Ambil Island.
- The officers proceeded to the area and observed two boats anchored side by side—a fishing boat and a speedboat—transferring cargo from one to the other.
- The fishing boat fled when the officers approached; the speedboat remained, allegedly with engine trouble, and was found to carry appellants Chi Chan Liu (a.k.a. Chan Que) and Hui Lao Chung (a.k.a. Leofe Senglao).
- On board the speedboat were forty-five transparent plastic bags, each containing about one kilogram of a white crystalline substance suspected to be methamphetamine hydrochloride (“shabu”).
- Appellants could not produce any identification or documentation and were ordered to board the officers’ service boat; during the tow to shore, Chi Chan Liu allegedly offered the officers “big money” to release them.
- An inventory of the seized bags was conducted in the presence of appellants and Municipal Mayor Felesteo Telebrico; appellants refused to answer questions regarding their identity or purpose in Philippine waters.
- The following day, PNP Regional Director General Reynaldo Acop and Colonel Damian arrived by helicopter; appellants and the drugs were turned over to PNP Regional Office IV for investigation.
- Inspector Julieto B. Culili attempted communication in broken English; appellants repeatedly said, “call China, big money,” and provided only their names and aliases even after a Cantonese/Fookien interpreter arrived on December 5, 1998.
- Booking sheets, arrest reports, medical and physical examinations, affidavits, and laboratory requests were prepared; a PNP forensic chemist later confirmed the substance as methamphetamine hydrochloride.
- On December 8, 1998, the Provincial Prosecutor filed an Information in RTC Mamburao, Occidental Mindoro, charging appellants with illegal importation of 46,600 grams of shabu in violation of Sec. 14, Art. III, in relation to Sec. 21(a), Art. IV of R.A. 6425 as amended by R.A. 7659.
- Appellants pleaded not guilty; trial ensued with prosecution witnesses SPO2 Paglicawan, SPO3 Yuzon, Inspector Culili, and Inspector Geronimo, and defense witnesses challenging the place and manner of seizure.
- On June 21, 2004, the RTC convicted appellants of illegal importation, sentencing each to reclusion perpetua and ₱1,000,000 fine; the CA affirmed on January 9, 2009 and denied reconsideration on April 24, 2009.
- The pre