Case Summary (G.R. No. 78592)
Parties
Appellee/Petitioner before the Supreme Court: People of the Philippines. Appellants/Respondents before the Supreme Court: Huang Zhen Hua and Jogy Lee (convicted by the RTC and appealed).
Key Dates
Search warrants secured October 25, 1996 (Search Warrants No. 96-801 and No. 96-802). Main search and arrests and related events occurred October 26–29, 1996 (including a fatal shootout at about 2:00 a.m. on October 26). Laboratory examination and reports dated October 26, 1996. Trial court judgment convicting both appellants rendered January 10, 1999. The Supreme Court decision on appeal was rendered September 29, 2004.
Applicable Law and Constitutional Basis
Primary statutory provisions: Section 16, Article III of Republic Act No. 6425, as amended (the Dangerous Drugs Law) and related provisions amended by R.A. 7659; also searches under Presidential Decree No. 1866 (illegal possession of firearms and explosives) were the subject of one warrant. Constitutional protection invoked and applied: the guarantee against unreasonable searches and seizures under the 1987 Philippine Constitution. Procedural rule cited: Section 7, Rule 126 of the Revised Rules of Criminal Procedure (knock-and-announce requirement).
Procedural History
An Information charging violation of Section 16, R.A. No. 6425 was filed in the Regional Trial Court (Parañaque City, Branch 259). Both appellants pleaded not guilty; the trial court convicted both on January 10, 1999 and imposed reclusion perpetua and fines. Both appealed to the Supreme Court. The Office of the Solicitor General conceded reasonable doubt as to Huang Zhen Hua but sought affirmance as to Jogy Lee. The Supreme Court, applying the 1987 Constitution, reversed and acquitted Huang Zhen Hua and affirmed the conviction of Jogy Lee.
Material Facts Established at Trial
Police surveillance (based on a confidential informant) placed Lao, Chan and the appellants together on multiple occasions and established Lao and Chan’s residences at two condominium units. Police obtained search warrants for the Cityland Condominium and for Unit No. 19 Atlantic Drive (Pacific Grand Villa). A search of the Cityland unit (about October 29, 1996) yielded two kilos of methamphetamine hydrochloride ("shabu") and paraphernalia. A prior encounter at or near a karaoke restaurant (October 26, 1996) resulted in a shootout in which Chan and Lao were shot dead and two one-kilo plastic bags of shabu were recovered in Lao’s car. At Pacific Grand Villa, police approached Unit No. 19, knocked and used a Cantonese interpreter to communicate; appellant Lee peeped through a window, the police identified themselves by uniform and through the interpreter, and Lee opened the door and allowed police, the security officer and security guards into the unit. During the search of the master’s bedroom the police found two heat-sealed plastic bags (approximately 1,000.40 g and 998.10 g), a baby feeding bottle and a small plastic canister containing additional crystalline substance, paraphernalia, and documents and personal items in a headboard drawer. Anciro, Jr. placed initials on the seized items and, together with Ferias, delivered them to the PNP Crime Laboratory, which reported the substances as positive for methamphetamine hydrochloride.
Prosecution Evidence and Certifications
The prosecution introduced: the search warrants; testimony of PARAC officers describing surveillance, entry and the discovery of the drugs and paraphernalia; certifications by the security officer and guards that the search was orderly and nothing was destroyed; an affidavit of arrest and inventory; chain-of-custody actions (initialing of seized packages) and laboratory Chemistry Report No. D-1243-96 confirming methamphetamine hydrochloride in the seized specimens; and documentary evidence found in the bedroom (bank passbooks, passports, credit cards, photographs) linking the unit occupants to the premises and to one another.
Defense Assertions and Testimony
Jogy Lee testified she was a Belgian passport holder from China visiting the Philippines as a tourist, lived with Lao at the condominium unit, could not understand or speak English, and claimed the police did not properly show her the search warrant, that the police planted the shabu in her bedroom while she visited the co-appellant’s room, and that police demanded ransom. She asserted she had no knowledge of illegal drug activities. Huang Zhen Hua testified he arrived in the Philippines on October 22, 1996 as a tourist at Lee’s invitation, was a temporary guest with no control over the unit, his room was searched but no drugs were found there, and he disavowed any participation in drug trafficking or conspiracy.
Issues Raised on Appeal
Major issues included whether the prosecution proved possession beyond reasonable doubt (actual or constructive) and conspiracy; whether the search and entry into Unit No. 19 violated the Constitution and Rule 126 (knock-and-announce); whether items seized not particularly described in the warrant were admissible; whether there was planting of evidence; whether probable cause existed for arrest; and whether the appellants were deprived of due process (including the provision of an interpreter).
Legal Standards Applied by the Court
The Court applied the standard elements of unlawful possession under Section 16, R.A. No. 6425: (1) accused is found in possession of a regulated drug; (2) lack of lawful authorization; and (3) knowledge of the nature of the drug. Possession may be actual or constructive; constructive possession requires dominion and control or a right to exercise dominion and control over the place where the contraband is found, and it may be joint rather than exclusive. Conspiracy cannot be presumed and must be proved beyond reasonable doubt. For searches of dwellings, the constitutional protection against unreasonable searches and seizures and the knock-and-announce principle (Section 7, Rule 126) were applied; the Court recognized exceptions to a no-knock requirement, the plain view doctrine, and the presumption of regularity in police conduct absent clear and convincing proof of misconduct.
Court’s Analysis and Ruling as to Huang Zhen Hua
The Court concluded the evidence against Huang Zhen Hua was insufficient to prove either actual or constructive possession or any participation in a conspiracy. There was no showing that drugs were found on his person or in his room; his presence at several social occasions did not establish dominion or control over the premises or the contraband; surveillance testimony was equivocal as to identifying him; and no overt acts indicative of common design were proved. Given the presumption of innocence and the prosecution’s failure to prove knowledge, dominion or conspiracy beyond reasonable doubt, the Supreme Court granted the appeal as to Huang Zhen Hua, reversed the RTC conviction, acquitted him, and directed his release unless detained for another cause.
Court’s Analysis and Ruling as to Jogy Lee
The Court affirmed the conviction of Jogy Lee. It found the police complied with the knock-and-announce requirement: they coordinated with the condominium security, knocked for several minutes, announced their presence and purpose through the security officer and a Cantonese interpreter, and Lee opened the door and allowed entry. The Court rejected Lee’s claim of forcible entry and planting of evidence as not established by clear and convincing proof; the security officer’s certification that nothing was destroyed and his testimony supported the regularity of the entry and search. The Court applied the plain view doctrine to admit unlisted items seen during a lawful search and found the documents and personal effects bore an intimate nexus to the crime. Lee’s act of taking clothes from the very cabinet where the shabu were found supported joint constructive possession with Lao. The Court also held that there was probable cause for Lee’s warrantless arrest given the information from the informant corroborated by surveillance and the circumstances observed upon entry. The presence of a Cantonese interpreter at the time of the search and during trial was noted; the Court found no denial of due process in that regard.
Case Syllabus (G.R. No. 78592)
Court, Citation, and Procedural Posture
- Decision of the Supreme Court (Second Division), G.R. No. 139301, September 29, 2004; reported at 482 Phil. 572.
- Appeal from the Regional Trial Court (RTC) of Parañaque City, Metro Manila, Branch 259, which convicted the appellants of violation of Section 16, Article III of Republic Act No. 6425, as amended.
- Trial court judgment dated January 10, 1999: both appellants found guilty; sentenced to reclusion perpetua and fined P500,000.00 each; seized properties ordered confiscated; drugs and paraphernalia to be turned over to the Dangerous Drugs Board; mittimus directed to transfer appellants to the Bureau of Corrections.
- On appeal to the Supreme Court: appellant Huang Zhen Hua urged reversal and acquittal; appellant Jogy Lee sought reversal/acquittal; Office of the Solicitor General (OSG) proposed acquittal for Huang Zhen Hua but affirmance of conviction for Jogy Lee.
- Supreme Court disposition: Huang Zhen Hua’s appeal GRANTED — conviction REVERSED and ACQUITTAL ordered; Jogy Lee’s appeal DENIED — conviction AFFIRMED. Director, Bureau of Corrections directed to release Huang Zhen Hua unless detained for another cause; report of compliance directed within five (5) days.
Parties and Roles
- Appellee: People of the Philippines.
- Appellants/Accused: Huang Zhen Hua and Jogy (Jogy) Lee.
- Principal co-suspects referenced in the investigation: Henry (Lao / Henry Lau) and Peter Chan — identified by the police informant as engaged in illegal drug trafficking; Henry Lao alleged lessee of the condominium units and Lee alleged to handle payments and accounting.
- Police operatives: Public Assistance and Reaction Against Crime (PARAC) officers including PO3 Belliardo Anciro, Jr., SPO2 Cesar N. Teneros (who secured search warrants), Senior Police Inspector Lucio Margallo, PO3 Wilhelm Castillo, SPO3 Roger Ferias, and others.
- Cantonese interpreter: Chuang (also rendered as Chuang in the records).
- Security/caretaker at Pacific Grand Villa: Antonio Pangan and two security guards.
Investigative Origins and Surveillance
- Confidential informant informed PARAC operatives that Peter Chan, Henry Lao, Jogy Lee and Huang Zhen Hua were engaged in illegal drug trafficking; that Jogy Lee handled payments/accounting for Lao and Chan.
- Police surveillance verified that Lao and appellant Lee were living together as husband and wife, and observed the group including Chan, Lao and the appellants at restaurants (seafood restaurant in Bocobo Street; Celicious Restaurant on R. Sanchez Street) and at Midtown Hotel on multiple occasions.
- Police verified residences: Chan and Lao at Room Nos. 1245 and 1247, Cityland Condominium, De la Rosa Street, Makati City; and at a two-storey condominium unit at No. 19 Atlantic Drive, Pacific Grand Villa, Sto. Niño, Parañaque, Metro Manila.
Search Warrants Secured
- On October 25, 1996, SPO2 Cesar N. Teneros secured:
- Search Warrant No. 96-801 for violation of Presidential Decree No. 1866 (illegal possession of firearms and explosives).
- Search Warrant No. 96-802 for violation of Sections 12, 14 and 16 of Republic Act No. 6425, as amended.
- Warrants issued by Judge William M. Bayhon, Executive Judge of the RTC of Manila (Exhibits indicated in the records).
Execution of Warrants and Related Police Actions (chronology as presented)
- Enforcement of Search Warrant No. 96-801 at Cityland Condominium (Time and date noted in record: at about 11:00 p.m. on October 29, 1996): supervised by Senior Police Inspector Lucio Margallo with PO3 Anciro, Jr., PO3 Wilhelm Castillo, SPO3 Roger Ferias and seven other PARAC policemen in uniform, and Cantonese interpreter Chuang; no persons found inside, but police found two kilos of methamphetamine hydrochloride (shabu), paraphernalia for its production, and machines/tools apparently used for production of fake credit cards (Exhibit H).
- Police received information that Lao and Chan would be delivering shabu at Furama Laser Karaoke Restaurant corner of Dasmariñas and Mancha Streets; police proceeded to the area at about 2:00 a.m. of October 26, 1996; observed Chan and Lao in Lao’s Honda Civic; attempted contact led to an exchange of gunfire — Chan and Lao were shot to death during the encounter; police found two plastic bags, each containing one kilo of shabu, in Lao’s car.
- Police then proceeded to No. 19 Atlantic Drive, Pacific Grand Villa, to enforce Search Warrant No. 96-802; coordinated with Antonio Pangan, the officer in charge of security.
Entry to No. 19 Atlantic Drive — Facts Offered by Prosecution
- Condominium Unit No. 19 was leased to Lao under the name Henry Kao Tsung.
- Anciro, Jr. and other policemen, Pangan and two security guards knocked repeatedly on the front door; no response initially.
- Appellant Jogy Lee peeped through the window beside the front door; the men introduced themselves as policemen but Lee could not understand English.
- Police allowed Pangan to communicate with Lee via sign language and pointed their uniforms to show they were policemen; Lee opened the door and allowed the policemen, Pangan and security guards into the condominium unit.
- The policemen brought Lee to the second floor where there were three bedrooms (a master’s bedroom and two other rooms); when asked where she and Lao slept, Lee pointed to the master’s bedroom.
- Anciro, Jr., Margallo and PO3 Wilhelm Castillo searched the master’s bedroom; Ferias and Pangan went to the other bedroom where appellant Huang Zhen Hua was sleeping; Ferias awakened Zhen Hua and identified himself as a policeman.
- While searching the master’s bedroom, Anciro, Jr. saw a small cabinet about six feet high; standing on a chair he opened the cabinet and found two transparent plastic bags, each containing one kilo of shabu, a feeding bottle, a plastic canister and assorted paraphernalia. Inside the drawer of the bed’s headboard he found assorted documents, pictures, bank passbooks (Allied Banking Corporation), credit cards, passports and identification cards of Lao and Lee.
- Anciro, Jr. asked Lee who owned the crystalline substance; Lee did not respond because she did not know English.
- Margallo instructed Anciro, Jr. to keep the items for future reference and as evidence; Anciro, Jr. placed the found articles in a box; later the items were shown to other members of the team.
- Anciro, Jr. told Lee to bring some clothes because they were bringing her to PARAC headquarters; Lee complied and took clothes from the cabinet where Anciro, Jr. had earlier found the shabu.
- Pangan signed a Certification that the search was orderly and peaceful (Exhibit G); Anciro, Jr. affixed his initials on the transparent plastic bags and their contents, the transparent baby feeding bottle and the plastic canister and their contents.
- The appellants were brought to PARAC headquarters and detained; an inventory of seized articles was accomplished (Exhibit I).
Items Seized and Laboratory Examination
- Items seized from the condominium unit (as listed in the affidavit of arrest and inventory):
- TWO (2) big transparent plastic bags containing about one (1) kilo each of white crystalline granules later tested to be Methamphetamine Hydrochloride (shabu).
- ONE (1) transparent plastic Babyflo Nursera feeding bottle with pink cover containing 18.52 grams of white crystalline substance.
- ONE (1) transparent plastic container with white cover containing 3.28 grams of white crystalline substance.
- Assorted shabu paraphernalia — improvised tooters, improvised burners, aluminum foils, etc.
- Additional items observed/seized in related searches at other premises: kettles/pots, basins, cooking stove, card-making/stamping machines, credit cards, telephone cards, etc. (inventory entries referenced).
- Chain of custody actions: Anciro, Jr. and Ferias brought seized items to the PNP Crime Laboratory on October 26, 1996, with a letter-request; Forensic Chemist Isidro L. Cariño signed Chemistry Report No. D-1243-96 on the same day.
- Chemistry Report No. D-1243-96 findings: qualitative examination of Exhibits A-1 through A-4 (the two heat-sealed plastic bags and the baby bottle and plastic container) gave POSITIVE result to the test for Methamphetamine hydrochloride (regulated drug). The report noted specimens allegedly taken from the residence of the above-named subjects.
Criminal Information and Arraignment
- Information filed in RTC of Parañaque, Metro Manila, charging appellants with violation of Section 16, Republic Act No. 6425, as amended, alleging possession of four specified items containing white crystalline substance positive for Methamphetamine Hydrochloride.
- Accusatory portion enumerated the four exhibits, their gram weights and alleged possession and control by appellants on or about October 26, 1996 in Parañaque.
- Both appellants, assisted by counsel, were duly arraigned on November 29, 1992 (date as recorded in the source) and pleaded not guilty.
Defense Theories Presented at Trial
- Appellant Jogy Lee’s main defenses:
- Denial of knowledge and possession; claimed to be a resident of Kwantung, China, college graduate who could not speak or understand English.
- Relationship and background: met Henry Lao in China (1995); traveled to Belgium with Lao’s assistance; first visited the Philippines as a tourist in April 1996; returned and resided in Lao’s condominium from October 1, 1996.
- Asserted that she invited Huang Zhen Hua to the Philippines; Zhen Hua arrived October 22, 1996 and was billeted in the condominium.
- Claimed the police did not show a search warrant to her; claimed police barged into the bedroom while she was sleeping