Title
People vs. Court of Appeals
Case
G.R. No. 227899
Decision Date
Jul 10, 2019
Police officers Borromeo and Abang conspired in operating a shabu lab disguised as a piggery, leading to life imprisonment and fines under R.A. No. 9165.
police superintendent
police officer
shabu laboratory conspiracy

Case Summary (G.R. No. 227899)

Factual Background

On July 9, 2008, joint police, PDEA and local officials executed a search warrant at a property owned by Eusebio Tangalin in Barangay Upper Bimmotobot, Naguilian, La Union. Authorities discovered a clandestine methamphetamine (shabu) laboratory and seized finished dangerous drugs, controlled precursors, essential chemicals, laboratory equipment and paraphernalia. Two caretakers, Dante Tomas Palaganas and Andy Tangalin, were arrested on the scene. Evidence showed a second raid on July 11, 2008 to seize additional hidden materials. Testimony and extrajudicial statements of Dante implicated the private respondents in the establishment and operation of the laboratory. Dante narratively linked P/Supt. Borromeo to the selection of the site and to ongoing monitoring of the operation. Phone records showed calls from Dante to a number identified with P/Supt. Borromeo during the inspections and during implementation of the search warrant. Dante executed sworn statements on July 12 and July 22, 2008, and was qualified as a state witness.

Indictment and Arraignment

The Provincial Prosecutor filed an Information on July 10, 2008 charging Dante, Andy and several John Does with violation of Section 8, Article II of R.A. No. 9165, in relation to Section 26(d), Article II (conspiracy to manufacture). The Information was amended on February 18, 2009 to include P/Supt. Borromeo and describe him as a protector/coddler, and was further amended on July 3, 2009 to add SPO1 Abang and other accused. The charged offense in the Second Amended Information accused the several named persons of conspiring, confederating and helping one another to manufacture methamphetamine by camouflaging the operation as a piggery. All accused entered pleas of not guilty at arraignment.

Trial Court Findings

The Regional Trial Court rendered judgment dated June 5, 2013 in Criminal Case No. 3662-BG. The RTC found the prosecution proved beyond reasonable doubt a conspiracy to manufacture dangerous drugs. The RTC held that P/Supt. Borromeo played a key role as co-conspirator and that SPO1 Abang acted as a protector or coddler executing orders and ensuring the operation ran. The RTC sentenced P/Supt. Borromeo to life imprisonment and imposed a fine of P10,000,000.00. The RTC sentenced SPO1 Abang to an indeterminate term of twelve years and one day to twenty years and a fine of P500,000.00.

Court of Appeals Decisions

On appeal the Court of Appeals sustained the convictions but modified the penalties. In its Decision dated June 29, 2016 the CA concluded that because P/Supt. Borromeo had been charged and arraigned as a protector/coddler under Section 8, Article II, the corresponding penalty for protectors/coddlers should be imposed; it therefore sentenced both accused to an indeterminate term of twelve years and one day to twenty years and a fine of P500,000.00. In an Amended Decision dated August 25, 2016 the CA corrected the penalty to conform with Section 28 of R.A. No. 9165, and imposed imprisonment of seventeen years, four months and one day to twenty years, a fine of P500,000.00, and absolute perpetual disqualification from public office. The CA emphasized the variance between the RTC’s characterization of Borromeo’s role and the role specified in the amended informations.

Issues Presented to the Supreme Court

The Supreme Court identified the issues as: whether the CA erred in reducing the penalty imposed on P/Supt. Borromeo; whether life imprisonment should likewise be imposed on SPO1 Abang; and whether the CA erred in applying Article 65, Revised Penal Code as a basis for modifying penalties under R.A. No. 9165.

Parties' Contentions

The People of the Philippines argued that the CA committed grave abuse of discretion when it downgraded the penalty for P/Supt. Borromeo and that both private respondents should be treated as co-conspirators subject to the maximum penalty applicable to those who organize, manage or act as financier under Section 8, Article II, or otherwise to life imprisonment and the corresponding fine. The private respondents denied the charges and asserted that Dante falsely implicated them, claiming bias or motive. The CA had reasoned that convicting a principal when the accused was charged only as an accomplice would violate the accused’s right under Section 14, Article III, 1987 Constitution to be informed of the nature and cause of the accusation. The CA also invoked gradation under Article 65, RPC and the doctrine of People v. Mantalaba in modifying the penalties.

Supreme Court Ruling and Disposition

The Supreme Court granted the petition and held that the Court of Appeals exercised grave abuse of discretion amounting to lack or excess of jurisdiction when it downgraded the penalty imposed on the private respondents. The Court explained that the prosecution is generally precluded from attacking an acquittal because of the constitutional bar against double jeopardy in Section 21, Article III, 1987 Constitution, but that a judgment may be assailed by certiorari under Rule 65 when the lower court acted with grave abuse of discretion. Applying that exception, the Court reversed and set aside the CA Decision dated June 29, 2016 and the Amended Decision dated August 25, 2016. The Supreme Court found both private respondents guilty beyond reasonable doubt of violating Section 8, Article II, in relation to Section 26(d), Article II, of R.A. No. 9165. The Court sentenced P/Supt. Dionicio Borromeo y Carbonel and SPO1 Joey Abang y Arce each to life imprisonment and to pay a fine of P10,000,000.00. The Court also imposed the penalty of absolute perpetual disqualification from public office.

Reasoning on Conspiracy and Participation

The Supreme Court analyzed the evidence and affirmed the RTC’s finding of conspiracy. The Court observed that conspiracy requires proof beyond reasonable doubt but may be inferred from conduct before, during and after the offense when that conduct displays a community of criminal design and intentionality. The Court credited Dante’s sworn statements and testimony, telephone records linking Dante to P/Supt. Borromeo, and corroborative testimony from other prosecution witnesses. The Court found that P/Supt. Borromeo not only identified and approved the site, but monitored construction and operation, received reports of production and exerted moral ascendancy over Dante. The Court likewise found that SPO1 Abang recruited and handled Dante, regularly checked on Dante’s activities, threatened him to ensure compliance, visited the laboratory, and served as bodyguard to P/Supt. Borromeo; these acts directly and substantially furthered the conspiracy. On this evidentiary foundation the Court concluded both respondents acted as co-conspirators and not merely as protectors or coddlers.

Statutory Construction and Penalty Application

The Supreme Court rejected the CA’s application of Article 65, RPC and its reliance on People v. Mantalaba. The Court observed that Section 98 of R.A. No. 9165 limits the applicability of the Revised

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