SECOND DIVISION
March 13, 2017
G.R. No. 214536
MEDEL CORONEL y SANTILLAN, RON ALDO PERMEJO y ABARQUEZ, NESTOR VILLAFUERTE y SAPIN and JOANNE OLIVAREZ y RAMOS, Petitioners
vs
PEOPLE OF THE PHILIPPINES, Respondent
R E S O L U T I O N
LEONEN, J.:
This resolves the motion for reconsideration of the Resolution dated January 11, 2016 of this Court denying petitioners' Petition for Review on Certiorari.1 The petition assailed the Court of Appeals Decision,2 which affirmed the Regional Trial Court Decision3 finding accused-petitioners Medel Coronel y Santillan (Coronel), Ronaldo Permejo y Abarquez (Permejo), Nestor Villafuerte y Sapin (Villafuerte), and Joanne Olivarez y Ramos (Olivarez) guilty beyond reasonable doubt of violating Article II, Sections 7 and 15 of Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002).
Two (2) Informations were filed before the Regional Trial Court of Pasay City, Branch 23I,4 alleging that on or about May I9, 20IO, Coronel, Permejo, Villafuerte, and Olivarez were caught knowingly and illegally visiting a drug den and using methamphetamine hydrochloride (shabu).5
The prosecution's version of events is as follows:
On May I9, 2010, a Philippine Drug Enforcement Agency (PDEA) team meeting for the implementation of a search warrant6 covering a building at No. I 734 F. Mufioz Street, Tramo Street, Barangay 43, Zone 6, Pasay City was held.7 The Special Enforcement Group Team Leader of the Metro Manila Regional Office - Philippine Drug Enforcement Agency, IO2 Randy Paragasa (I02 Paragasa), designated IO2 Daniel Discaya (IO2 Discaya) as the seizing officer, and IOI Jake Edwin Million (IOI Million) and IOI Jayson Albao (IOI Albao) as the arresting officers.8 The team prepared the pre-operations report form, coordination form, authority to operate, and inventory of seized property/items form.9
The PDEA team coordinated with a team from the Philippine National Police - Southern Police District in implementing the search warrant.10 They arrived at the subject building at around 2:00 p.m., knocked on the door, and announced that they had a search warrant.11 A PDEA agent shouted that somebody had jumped out the window and the door was forced open with a battering ram.12 IOI Million and IO1 Albao chased down those who jumped out the window.13
Three (3) persons, identified as Olivarez, Erlinda Fetalino, and Benjie Guday, were found inside the subject building.14 I02 Discaya read to them the contents of the search warrant.15 Coronel, Permejo, and Villafuerte were apprehended after trying to escape out of the window.16 They were brought back to the subject building, where the contents of the search warrant was read to them.17 Thereafter, Barangay Kagawad Oga Hernandez (Barangay Kagawad Hernandez), Herald Santos (Santos), Assistant City Prosecutor of Pasay City Angel Marcos (Atty. Marcos), and DZAR Sunshine Radio Reporter Jimmy Mendoza (Mendoza) arrived, and the search was conducted in their presence.18
During the search, the team recovered, among others, transparent plastic sachets, aluminium foils, containers of white crystalline substance and white powdery residue, disposable lighters, improvised plastic scoops, a total amount of ₱580.00 in assorted bills, and ₱165.00 in coins.19
Coronel, Permejo, Villafuerte, and Olivarez were arrested and apprised of their constitutional rights.20 The confiscated items were also inventoried, photographed, and marked in their presence, as well as in the presence of the Barangay officials and the Department of Justice and media representatives.21
The arrested suspects were brought to the PDEA Headquarters for investigation and mandatory drug testing, together with the seized objects, one of which was identified as shabu. Coronel, Villafuerte, Permejo, and Olivarez tested positive for shabu.22
The prosecution submitted the following in its formal offer of evidence:
1) Search Warrant No. 4680(10); 2) Joint Affidavit of the Arresting Officers; 3) Pre-Operation Report dated 19 May 2010; 4) Authority to Operate dated 19 May 201 O; 5) Certificate of Coordination; 6) Certification from the Barangay; 7) Inventory of the Seized
Property/Items and Receipt of property seized; 8) Pictures of the incident; 9) Request for Laboratory Examination; 10) Request for Drug Test dated 19 May 2010; 11) Chemistry Report N[o]. PDEA-DTOl0-148 to 153; 12) Booking Sheets and Arrest Reports of [petitioners]; 13) strips of aluminum foils; 14) medicine box with white residue; [15]) heat-sealed transparent plastic sachets containing white crystalline substance; [16]) improvised white plastic scoops; [17]) metal rectangular cash box containing traces of white crystalline substance; [18]) improvised plastic pipes; [19]) plastic sachets; [20]) plastic tray containing traces of white crystalline substance; and [21]) silver card boards.23
The defense's version of events is as follows:
Coronel testified that he did not know Permejo, Villafuerte, and Olivarez.24 On May 19, 2010, at around 2:00 p.m., he was looking for a certain Rommel Yabut (Yabut) in Tramo, Pasay to invite him to the christening of his child.25 Suddenly, there was a commotion, and someone in a shirt that read "Philippine Drug Enforcement Agency" pointed a gun at him and asked if he was among those being arrested.26 Coronel responded that he was just looking for someone.27 Another man who appeared to be the leader of the PDEA team told the man holding the gun that Coronel should be brought with them.28 Coronel was handcuffed and brought to the drug den.29 He denied being at the drug den out of his own volition.30
Permejo also testified that he did not know Coronel, Villafuerte, and Olivarez.31 While walking along Tramo, Pasay from his cousin's place in Zapanta, two (2) armed men approached him, took him to another alley, and handcuffed him.32 After about an hour, they made him board a van, and took him to the PDEA office.33
Villafuerte testified that at the time of the incident, he was walking along Tramo with Olivarez, two (2) men wearing shirts that read "Philippine Drug Enforcement Agency" approached them and forced them into an alley, where he saw other persons handcuffed.34 After being told to stay put, he and Olivarez were handcuffed and made to board a van that brought them to the PDEA office.35 At the office, they were made to sign documents, and brought to detention cells.36
After trial on the merits, the Regional Trial Court found Coronel, Permejo, Villafuerte, and Olivarez guilty beyond reasonable doubt of violating Article II, Sections 7 and 15 of Republic Act No. 9165. The dispositive reads:
WHEREFORE, judgment is hereby rendered as follows:
a) ACQUITTING the accused BENJIE GUDAY Y MANTILLA, FIDEL BALBOA Y MEMORACION and ERLINDA FETALINO Y BATICA of the charge of Violation of Section 7, of Republic Act 9165 in Criminal Case No. R-PSY-10-02059-CR for failure of prosecution's evidence to establish the guilt of the accused beyond reasonable doubt;
b) Finding accused MEDEL CORONEL Y SANTILLAN, RONALDO PERMEJO Y ABARQUEZ, NESTOR VILLAFUERTE Y SAPIN and JOANNE OLIVAREZ Y RAMOS a.k.a. JOANNE OLIV ARE, guilty beyond reasonable doubt of the charge of Violation of Section 15, Article II, Republic Act [No.] 9165 in Criminal Case No. RPSY-10-02058-CR and are hereby sentenced to suffer the penalty of six (6) months rehabilitation in a government center; [and]
[c] Finding accused MEDEL CORONEL Y SANTILLAN, RONALDO PERMEJO Y ABARQUEZ, NESTOR VILLAFUERTE Y SAPIN and JOANNE OLIVAREZ Y RAMOS a.k.a. JOANNE OLIV ARE, guilty beyond reasonable doubt of the charge of Violation of Section 7, (Visitors of Den, Dive or Resort) of Republic Act No. 9165 in Criminal Case No. R-PSY-10-02059[-CR] and are hereby sentenced to suffer the penalty of imprisonment of twelve (12) years and one (1) day as minimum to fourteen (14) years as maximum and for each of them to pay a fine of one hundred thousand pesos (Phpl00,000) with subsidiary imprisonment in case of insolvency.37 (Emphasis in the original)
Petitioners appealed to the Court of Appeals on the ground that the prosecution failed to prove their guilt beyond reasonable doubt.
In the Decision dated April 29, 2014, the Court of Appeals affirmed the ruling of the Regional Trial Court.38 The dispositive portion reads:
Finally, considering that the penalties imposed upon accused-appellants are all in accord with the provisions of R.A. No. 9165, more so since they never questioned the same in their Brief, this Court affirms the imposition of said penalties by the court a quo.
WHEREFORE, premises considered, the instant Appeal is DISMISSED. The Joint Decision dated 30 October 2012 of the Regional Trial Court of Pasay City, Branch 231 in Criminal Case Nos. R-PSY-010-02059-CR and R-PSY-010-02058-CR is AFFIRMED.
SO ORDERED.39 (Emphasis in the original)
On November 21, 2014, petitioners filed a Petition for Review on Certiorari with this Court.40 This Court denied the petition for lack of merit in its Resolution41 dated January 11, 2016:
WHEREFORE, this court resolves to DENY this Petition for lack of merit. Petitioners Medel Coronel y Santillan, Ronaldo Permejo y Abarquez, Nestor Villafuerte y Sapin, and Joanne Olivarez y Ramos a.k.a. Joanne Olivare, are GUILTY beyond reasonable doubt of the following:
a) violating Article II, Section 15 of Republic Act No. 9165 in Criminal Case No. R-PSY-10-02058-CR and are hereby sentenced to suffer the penalty of six (6) months of rehabilitation in a government center; and
b) violating Article II, Section 7 of Republic Act No. 9165 in Criminal Case No. R-PSY-10-02059-CR and are hereby sentenced to suffer the penalty of imprisonment of twelve (12) years and one (1) day as minimum to fourteen (14) years as maximum and for each of them to pay a fine of ₱100,000.00 with subsidiary imprisonment in case of insolvency.
SO ORDERED.42
Hence, petitioners have filed this Motion for Reconsideration.43 Petitioners stress that in its Resolution, this Court did not address the prosecution's failure to establish both a continuous and unbroken chain of custody of the subject evidence,44 that the house, where petitioners were apprehended, was a drug den,45 or that petitioners were aware that said house was a drug den and that they visited it knowingly.46 The Office of the Solicitor General has not commented, but instead has manifested that the motion for reconsideration was merely a re-pleading of petitioners' prior arguments.47
Contrary to petitioners' claim, the Resolution dated January 11, 2016 sufficiently disposed of the matter of chain of custody. The requirements under Section 2l(a) of the implementing rules and regulations of Republic Act No. 9165 were complied with.48 It was established during trial that "there was physical inventory, marking, and taking of photographs of the seized items."49 This was done in the presence of petitioners themselves, Barangay Kagawad Hernandez, Santos, Atty. Marcos, and media representative Mendoza.50 The inventory, which "bore the signature[s] of these witnesses ... was presented and formally offered as evidence."51 Although forensic chemist Richard Allan Mangalip (Mangalip), who examined the specimen subject of this case, was not presented, this did not detract from the chain of custody.52 The defense agreed to stipulate on the competency and qualifications of Mangalip and his testimony on the examination of the specimen subject of the case.53 It was also stipulated that "the specimen subject of [the] case marked as Exhibit 'D' for the prosecution was the same item subject of a request for laboratory examination dated April 16, 2009 marked as Exhibit 'B, "' which was "the same specimen . . . examined by [Mangalip] as reported in the Physical Science Report No. D-192-09S marked as Exhibit 'C."'54
The Resolution dated January 11, 2016 also pointed out that in People of the Philippines v. Mali,55 this Court said that the non-presentation of a forensic chemist during trial would not cause an acquittal in illegal drug cases.56
However, the issue of whether the prosecution has established that petitioners knowingly visited a drug den deserves further review.
Section 7 (b) of Republic Act No. 9165 penalizes the act of knowingly visiting a drug den:
Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (₱l00,000.00) to Five hundred thousand pesos (₱500,000.00) shall be imposed upon:
(a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and
(b) Any person who, not being included in the provisions of the next preceding paragraph, is aware of the nature of the place as such and shall knowingly visit the same.
Before a person may be convicted under the foregoing provision, it must be shown that he or she knew that the place visited was a drug den, and still visited the place despite this knowledge.
The Court of Appeals relied only on drug test results to conclude that the petitioners were aware of the nature of the subject house as a drug den:
Contrary to accused-appellants' claim that they had no knowledge of the nature of the drug den, records reveal otherwise. In the Chemistry Report No. PDEA-DTOI0-148 to 153, the urine specimens taken from accused-appellants yielded "positive results for the presence of Methamphetamine[.]" Obviously, accused-appellants cannot claim that they have no knowledge of the nature of said drug den when they were positively identified by a police officer as present in the premises, and their drug test results indicate that their urine samples contain Methamphetamine, a dangerous drug. Moreover, it is well-established that the defense of denial, in the absence of convincing evidence, is invariably viewed with disfavor by the courts for it can be easily concocted, especially in cases involving the Dangerous Drugs Act.57 (Emphasis in the original, citations omitted)
Similarly, the Regional Trial Court ratiocinated:
With regard to the charge for Violation of Section 7 of Republic Act No. 9165, to render a verdict of conviction, it is not enough that the integrity and evidentiary value of the specimen were preserved and that the presumption of regularity of performance of duties was upheld. It is primordial for the prosecution to establish the allegation that the accused knowingly visit[ed] a drug den.
….
As for accused Medel Coronel y Santillan, Ronaldo Permejo y Abarquez, Nestor Villafuerte y Sapin and Joanne Olivarez y Ramos a.k.a. Joanne Olivare, with the integrity and evidentiary value of the evidence preserved, the presumption of regularity in the performance of duties upheld and their respective drug tests yielding positive results to existence of Methamphetamine, a dangerous drug, the court is convinced that evidence for the prosecution has established the allegations of the information beyond reasonable doubt, thus, sustain a verdict of conviction.58
Likewise, respondent claims that the prosecution has established that petitioners knew that the place was a drug den, based solely on the positive drug test results:
A drug den is a lair or hideaway where prohibited or regulated drugs are used in any form or are found. Its existence [may be] proved not only by direct evidence but may also be established by proof of facts and circumstances, including evidence of the general reputation of the house, or its general reputation among police officers.1âwphi1 The prosecution established that appellants knew that the place is a drug den. All the appellants in the instant case tested positive for methamphetamine hydrochloride. The drug tests were conducted right after the appellants were arrested. Taken together, these facts prove that appellants knowingly visited a drug den on the day the search warrant was implemented.59
Respondent apparently maintains that because the petitioners' drug tests were conducted right after their arrest, it was proven that drugs were used at the drug den itself. Moreover, the use of drugs at a drug den automatically implies that the drug users were aware of the nature of the place as a drug den before visiting it.
This position is untenable.
True, the drug test results sufficiently proved that petitioners had used drugs some time before their arrest. However, assuming that petitioners were, in fact, at the alleged drug den before their arrest, there was no showing how long petitioners were at the alleged drug den, or how long the drugs had been in their system. In other words, there is no basis to assume that petitioners used drugs at the moment immediately before arrest, and thus, at the location of the arrest.
Assuming that persons who test positive for drugs used them at the place of arrest is not sufficient to show that they were aware of the nature of the suspected drug den before visiting it, absent any other circumstantial evidence.
There was no attempt to show that petitioners knew the nature of the alleged drug den, or even that they used drugs in the premises.1avvphi1 The petitioners were not found to be in possession of any drugs. When petitioners were arrested, nobody was found "in the act of using, selling or buying illegal drugs, nor packaging nor hiding nor transporting the same."60 There were no acts alleged or evidence found, which would tend to show a familiarity with the nature of the place as a drug den.
The crime of knowingly visiting a drug den under Article II, Section 7 of Republic Act No. 9165 carries with it a minimum penalty of imprisonment of 12 years and one (1) day, and a maximum of 20 years. It is not to be taken so lightly that its elements can be presumed to exist without any effort to show them. Given the dearth of evidence in this case, we are constrained to acquit petitioners of this particular charge.
However, petitioners do not assail the determination that they violated Article II, Section 15 of Republic Act No. 9165, and this conviction must be sustained.
WHEREFORE, the motion for reconsideration is hereby GRANTED. The January 11, 2016 Resolution of this Court, and the April 29, 2014 Decision and September 17, 2014 Resolution of the Court of Appeals in CA-G.R. CR. No. 35399 are SET ASIDE.
The decision of the Regional Trial Court, Pasay City, Branch 231 dated October 30, 2012 is AFFIRMED with MODIFICATION, and judgment on petitioners Medel Coronel y Santillan, Ronaldo Permejo y Abarquez, Nestor Villafuerte y Sapin, and Joanne Olivarez y Ramos is rendered as follows:
a) ACQUITTING petitioners of violation of Section 7 of Republic Act No. 9165, for failure of the prosecution to prove their guilt beyond reasonable doubt; and
b) Finding accused GUILTY BEYOND REASONABLE DOUBT of the charge of violation of Section 15, Article II of Republic Act No. 9165 in Criminal Case No. R-PSY-10-02058-CR, and hereby sentencing them to suffer the penalty of six (6) months of rehabilitation in a government center.
Let a copy of this resolution be furnished to the Director of the Bureau of Corrections, Muntinlupa City for immediate implementation.1âwphi1 The Director of the Bureau of Corrections is directed to report to this Court within five (5) days from receipt of this decision on the action he has taken. Copies shall also be furnished to the Director General of Philippine National Police and the Director General of Philippine Drugs Enforcement Agency for their information.
SO ORDERED.
MARVIC M.V.F. LEONEN
Associate Justice
WE CONCUR:
ANTONIO T. CARPIO
Associate Justice
Chairperson
DIOSDADO M. PERALTA
Associate Justice |
JOSE CATRAL MENDOZA
Associate Justice |
SAMUEL R. MARTIRES
Associate Justice
A T T E S T A T I O N
I attest that the conclusions in the above Resolution had been reached in consultation before the case was assigned to the writer of the opinion of the Court’s Division.
ANTONIO T. CARPIO
Associate Justice
Chairperson, Second Division
C E R T I F I C A T I O N
Pursuant to the Section 13, Article VIII of the Constitution and the Division Chairperson’s Attestation, I certify that the conclusions in the above Resolution had been reached in consultation before the case was assigned to the writer of the opinion of the Court’s Division.
MARIA LOURDES P.A. SERENO
Chief Justice
Footnotes
1 Rollo, pp. 13-44.
2 Id. at 112-127. The Decision was penned by Associate Justice Jane Aurora C. Lantion and concurred in by Associate Justices Vicente S.E. Veloso and Nina G. Antonio-Valenzuela of the Eleventh Division, Court of Appeals, Manila.
3 Id. at 71-86. The Decision was penned by Presiding Judge Divina Gracia Lopez Pelifio of Branch 231, Regional Trial Court, Pasay City.
4 Id. at 112.
5 Id. at 71-72.
6 The search warrant was issued by Judge Fernando T. Sagun on May 15, 2010.
7 Rollo, p. 116.
8 Id.
9 Id.
10 Id.
11 Id.
12 Id.
13 Id.
14 Id.
15 Id.
16 Id.
17 Id.
18 Id.
19 Id. at 114-115.
20 Id. at 116.
21 Id.
22 Id.
23 Id. at 117.
24 Id.
25 Id.
26 Id.
27 Id.
28 Id. at 117-118.
29 Id. at 118.
30 Id.
31 Id.
32 Id.
33 Id.
34 Id.
35 Id.
36 Id.
37 Id. at 85-86.
38 Id. at 112-127.
39 Id. at 126.
40 Id. at 13--44.
41 Id. at 147-158.
42 Id. at 15 7.
43 Id. at 159-173.
44 Id. at 163.
45 Id. at 168.
46 Id. at 169.
47 Id.atl75-176.
48 Id. at 155.
49 Id.
50 Id.
51 Id.
52 Id. at 156.
53 Id.
54 Id.
55 723 Phil. 837 (2013) [Per J. Reyes, First Division].
56 Id. at 856-857.
57 Rollo, p. 123.
58 Id. at 84-85.
59 Id. at 99.
60 Id. at 168.
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