Case Summary (A.M. No. MTJ-96-1112)
Applicable Law
Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) • Section 5 (transportation/delivery of dangerous drugs) • Section 11 (possession of dangerous drugs) • Section 21 (chain of custody requirements)
Criminal Case No. 1179-V-03 (Section 5, RA 9165)
Allegation: On November 10, 2003, Uy allegedly drove a Mitsubishi Lancer loaded with a box containing five plastic bags of white crystalline substance (approx. 9,384.7 g “shabu”) from a warehouse in Valenzuela City toward a designated pick-up point, without lawful authority.
Criminal Case No. 1180-V-03 (Section 11, RA 9165)
Allegation: On November 11, 2003, pursuant to a search warrant, anti-drug operatives recovered from a Mapulang Lupa warehouse leased by Willie Gan—where Uy occasionally assisted—119.080 kg of methamphetamine hydrochloride and 111.200 kg of chloromethamphetamine hydrochloride, without license or authority.
RTC Ruling (June 30, 2014)
• Convicted Uy of both offenses: – Life imprisonment + ₱500,000 fine (Sec. 5) – 12 years 1 day to 14 years 8 months + ₱300,000 fine (Sec. 11)• Convicted Gan of Sec. 11; acquitted other co-accused on demurrer to evidence• Reasoning: – Uy was caught in flagrante delicto transporting and delivering the “shabu.” – Possession by Gan as lessee of the warehouse established.
CA Ruling (April 25, 2019)
• Affirmed RTC verdict with modification of penalty for Sec. 11 (life imprisonment + ₱10 million fine, given volume of drugs)• Key determinations: – Entrapment not established; transport of shabu was malum prohibitum. – Warrantless arrest valid (flagrante delicto). – Chain of custody sufficiently preserved despite absence of DOJ representative.
Issues on Appeal
- Whether Uy was merely instigated into transporting the shabu.
- Whether evidence was inadmissible as fruits of an illegal arrest/search.
- Whether elements of Sec. 5 and Sec. 11 offenses were present.
- Whether conspiracy was proven.
- Whether Sec. 21 (chain of custody) and IRR procedures were violated, invalidating corpus delicti.
Supreme Court’s Analysis (1987 Constitution Basis)
Failure to Prove Delivery Intent (Sec. 5)
– Transport of dangerous drugs is malum prohibitum, yet “animus possidendi” must be shown by circumstances.
– Uy’s consistent account: he was hired as a part-time driver, had no prior contact with the drugs, and followed instructions without knowing contents of the box.
– Equipoise rule: when facts allow an interpretation consistent with innocence, the prosecution fails to establish moral certainty.Failure to Prove Possession (Sec. 11)
– Actual possession impossible: Uy was in custody at time of warehouse search.
– Constructive possession requires dominion and control over the warehouse; Uy had none (lessee was Gan).Chain of Custody Lapses (Sec. 21, RA 9165)
– Mandatory inventory and photography “immediately after seizure,” witnessed by (1) the accused or representative, (2) a media rep., (3) DOJ rep., and (4) elective official.
– November 10 operation: no Inventory Receipt; marking unclear; no insulating witnesses present for inventory/photography.
– November 11 operation: absent DOJ rep.; inventory receipt not in evidence; photograp
Case Syllabus (A.M. No. MTJ-96-1112)
Procedural Antecedents
- Original charges filed in two consolidated criminal cases before the Regional Trial Court (RTC) of Valenzuela City, Branch 171:
• Crim. Case No. 1179-V-03 for alleged delivery and transportation of shabu (Section 5, in relation to Section 26[b], Art. II, R.A. 9165)
• Crim. Case No. 1180-V-03 for alleged illegal possession of dangerous drugs (Section 11, Art. II, R.A. 9165) - Defendants: Robert Uy y Ting (accused-appellant) alongside five co-accused—Ong Chi Seng @ Jackie Ong (or Archie), Co Ching Ki @ Chai Ong, Tan Ty Siao, Go Siak Ping, and James Go Ong @ William Gan (or Willie Gan)
- RTC disposed of co-accused Jackie Ong, Tan Ty Siao, and Go Siak Ping by demurrer to evidence (January 20, 2011), acquitting them for lack of proof of participation or conspiracy
- June 30, 2014 RTC joint decision convicted:
• Uy of illegal delivery/transportation (Section 5) and illegal possession (Section 11) of dangerous drugs
• Gan of illegal possession (Section 11) only - October 24, 2014: Gan filed notice of non-appeal; Uy alone appealed to the Court of Appeals (CA)
- April 25, 2019 CA decision affirmed convictions with modification of penalty in Crim. Case No. 1180-V-03 to life imprisonment and P10,000,000 fine against Uy
- February 21, 2023: Supreme Court grant of review on certiorari
Factual Background
- October 2003: AID-SOTF surveillance on “Jackie Ong” for suspected drug activity with Bureau of Immigration assistance
- November 10, 2003: Implementation of Mission Order at Room 402, Oro Building, Binondo, Manila
• Police entered by Ong’s permission, discovered Ong plus three Chinese nationals without immigration papers
• Co Ching Ki and Ong offered 10 kg shabu as bribe for freedom; police arranged a “test pick-up” - November 10, 2003, evening:
• Mitsubishi Lancer provided by police for delivery
• Uy drove Lancer from McDonald’s, MacArthur Highway, to a Mapulang Lupa warehouse leased by Gan
• Outside the warehouse, police retrieved a box containing five plastic bags of white crystalline substance (≈10 kg) and arrested Uy - November 11, 2003, morning: Execution of search warrant at warehouse, seizure of:
• 119.080 kg methamphetamine hydrochloride (“shabu”)
• 111.200 kg chloromethamphetamine hydrochloride - Warehouse owner testified he leased premises to Gan only; Uy merely arranged meetings, not a co-lessee
Charges and Informations
- Crim. Case No. 1179-V-03 (Section 5, in relation to Section 26[b], Art. II, R.A. 9165):
• Delivery/transportation in transit of approx. 9,384.7 g shabu - Crim. Case No. 1180-V-03 (Section 11, Art. II, R.A. 9165):
• Possession of approx. 119.080 kg shabu and 111.200 kg chloromethamphetamine hydrochloride
Arraignment and Pleas
- April 12, 2004: Uy pleaded “not guilty” to both cases
- May 4, 2004: Gan pleaded “not guilty” to Crim. Case No. 1179-V-03
- Cases consolidated for trial
RTC Proceedings – Prosecution Evidence
- Witnesses for prosecution:
• P/Sr. Insp. Rainerio De Chavez (team leader, AID