People Vs.
43
THIRD DIVISION [G.R. No. 120915. April 3, 1998] THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROSA ARUTA y MENGUIN, accused-appellant. D E C I S I O N ROMERO, J.: With the pervasive proliferation of illegal drugs and its pernicious effects on our society, our law enforcers tend at times to overreach themselves in apprehending drug offenders to the extent of failing to observe well-entrenched constitutional guarantees against illegal searches and arrests. Consequently, drug offenders manage to evade the clutches of the law on mere technicalities. Accused-appellant Rosa Aruta y Menguin was arrested and charged with violating Section 4, Article II of Republic Act No. 6425 or the Dangerous Drugs Act. The information reads: That on or about the fourteenth (14th) day of December, 1988, in the City of Olongapo, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, without being lawfully authorized, did then and there wilfully, unlawfully and knowingly engage in transporting approximately eight (8) kilos and five hundred (500) grams of dried marijuana packed in plastic bag marked Cash Katutak placed in a travelling bag, which are prohibited drugs. Upon arraignment, she pleaded not guilty. After trial on the merits, the Regional Trial Court of Olongapo City convicted and sentenced her to suffer the penalty of life imprisonment and to pay a fine of twenty thousand (P 20,000.00) pesos. [1] The prosecution substantially relied on the testimonies of P/Lt. Ernesto Abello, Officer-in-Charge of the Narcotics Command (NARCOM) of Olongapo City and P/Lt. Jose Domingo. Based on their testimonies, the court a quo found the following: On December 13, 1988, P/Lt. Abello was tipped off by his informant, known only as Benjie, that a certain Aling Rosa would be arriving from Baguio City the following day, December 14, 1988, with a large volume of marijuana. Acting on said tip, P/Lt. Abello assembled a team composed of P/Lt. Jose Domingo, Sgt. Angel Sudiacal, Sgt. Oscar Imperial, Sgt. Danilo Santiago and Sgt. Efren Quirubin. Said team proceeded to West Bajac-Bajac, Olongapo City at around 4:00 in the afternoon of December 14, 1988 and deployed themselves near the Philippine National Bank (PNB) building along Rizal Avenue and the Caltex gasoline station. Dividing themselves into two groups, one group, made up of P/Lt. Abello, P/Lt. Domingo and the informant posted themselves near the PNB building while the other group waited near the Caltex gasoline station.
Transcript of People Vs.
THIRD DIVISION[G.R. No. 120915. April 3, 1998]THEPEOPLEOFTHEPHILIPPINES, plaintif-appellee, vs. ROSAARUTA!ENGUIN, accused-appellant." E # I S I O NRO!ERO, J.$Withthepervasiveproliferationofillegal drugsanditsperniciousefectsonoursociety, our la enforcers tend at ti!es to overreach the!selves in apprehendingdrugofenderstothee"tent of failingtoo#serveell$entrenchedconstitutionalguarantees against illegal searches and arrests% &onse'uently, drug ofenders!anage to evade the clutches of the la on !ere technicalities%(ccused$appellant Rosa (ruta y )enguin as arrested and charged ith violatingSection*, (rticleII of Repu#lic(ct No% +*,-or theDangerousDrugs(ct% Theinfor!ation reads.That onor a#out thefourteenth/0*th1 dayof Dece!#er, 0233, inthe&ityofOlongapo, 4hilippines, and ithin the 5urisdiction of this Honora#le &ourt, the a#ove$na!edaccused, ithout #einglafullyauthori6ed, didthenandthereilfully,unlafully and 7noingly engage in transporting appro"i!ately eight /31 7ilos and8vehundred/-991gra!sofdried!ari5uanapac7edinplastic#ag!ar7ed&ash:atuta7 placed in a travelling #ag, hich are prohi#ited drugs%;pon arraign!ent, she pleaded not guilty% (fter trial on the !erits, the Regional Trial&ourtofOlongapo&ityconvictedandsentencedhertosuferthepenaltyoflifei!prison!ent and to pay a 8ne of tenty thousand /4,9,999%991 pesos%?t% @rnesto(#ello,OAcer$in$&harge of the Narcotics &o!!and /N(R&O)1 of Olongapo &ity and 4>?t%Bose Do!ingo% Cased on their testi!onies, the court a quo found the folloing.On Dece!#er 0D, 0233, 4>?t% (#ello as tipped of #y his infor!ant, 7non only asCen5ie, that a certain (ling Rosa ould #e arriving fro! Caguio &ity the folloingday, Dece!#er 0*, 0233, ith a large volu!e of !ari5uana% (cting on said tip, 4>?t%(#ello asse!#led a tea! co!posed of 4>?t% Bose Do!ingo, Sgt% (ngel Sudiacal, Sgt%Oscar I!perial, Sgt% Danilo Santiago and Sgt% @fren Euiru#in%Saidtea!proceededtoWest Ca5ac$Ca5ac, Olongapo&ityat around*.99intheafternoonof Dece!#er 0*, 0233anddeployedthe!selves near the4hilippineNational Can7 /4NC1 #uilding along Ri6al (venue and the &alte" gasolinestation% Dividing the!selves into to groups, one group, !ade up of 4>?t% (#ello,4>?t% Do!ingo and the infor!ant posted the!selves near the 4NC #uilding hile theother group aited near the &alte" gasoline station%While thus positioned, a Victory ?iner Cus ith #ody nu!#er *F* and the lettersCGO printed on its front and #ac7 #u!pers stopped in front of the 4NC #uilding ataround +.D9 in the evening of the sa!e day fro! here to fe!ales and a !ale gotof% It as at this stage that the infor!ant pointed out to the tea! (ling Rosa hoas then carrying a travelling #ag%Havingascertainedthataccused$appellantas(lingRosa, thetea!approachedher and introduced the!selves as N(R&O) agents% When 4>?t% (#ello as7ed (lingRosa a#out the contents of her #ag, the latter handed it to the for!er%;pon inspection, the #ag as found to contain dried !ari5uana leaves pac7ed in aplastic #ag !ar7ed &ash :atuta7% The tea! con8scated the #ag together ith theVictory ?iner #us tic7et to hich ?t% Do!ingo aA"ed his signature% (ccused$appellant as then #rought to the N(R&O) oAce for investigation here a Receiptof 4roperty Sei6ed as prepared for the con8scated !ari5uana leaves%;pon e"a!ination of the sei6ed !ari5uana speci!en at the 4&>IN4 &ri!e?a#oratory, &a!p Olivas, 4a!panga, 4>)a5% )arlene Salangad, a Horensic &he!ist,prepared a Technical Report stating that said speci!en yielded positive results for!ari5uana, a prohi#ited drug%(fter the presentation of the testi!onies of the arresting oAcers and of the a#ovetechnical report, the prosecution rested its case%Instead of presenting its evidence, the defense 8led a De!urrer to @videnceallegingtheillegalityof thesearchandsei6ureof theite!s there#yviolatingaccused$appellants constitutional right against unreasona#le search and sei6ure asell as their inad!issi#ility in evidence%The said De!urrer to @vidence as, hoever, denied ithout the trial court rulingon the alleged illegality of the search and sei6ure and the inad!issi#ility in evidenceof the ite!s sei6ed to avoid pre$5udg!ent% Instead, the trial court continued to hearthe case%In vie of said denial, accused$appellant testi8ed on her #ehalf% (s e"pected, herversionof theincident diferedfro!that of theprosecution% Sheclai!edthati!!ediately prior to her arrest,she had 5ust co!e fro! &hoice Theater here sheatched the !ovie Caleg% While a#out to cross the road, an old o!an as7ed herhelpincarryingashoulder #ag% Inthe!iddleof theroad, ?t% (#elloand?t%Do!ingo arrested her and as7ed her to go ith the! to the N(R&O) OAce%During investigation at said oAce, she disclai!ed any 7noledge as to the identityof the o!an and averred that the old o!an as nohere to #e found after sheas arrested% )oreover, she added that no search arrant as shon to her #y thearresting oAcers%(fter the prosecution !ade a for!al ofer of evidence, the defense 8led a &o!!entand>or O#5ection to 4rosecutions Hor!al Ofer of @vidence contesting thead!issi#ility of the ite!s sei6ed as they ere allegedly a product of anunreasona#le search and sei6ure%Not convinced ith her version of the incident, the Regional Trial &ourt of Olongapo&ityconvictedaccused$appellantof transportingeight/317ilosand8vehundred/-991 gra!s of !ari5uana fro! Caguio &ity to Olongapo &ity in violation of Section*, (rticle00of R%(% No% +*,-, asa!ended, otherise7nonastheDangerousDrugs(ctof 02F,andsentencedhertolifei!prison!entandtopaya8neoftentythousand/4,9,999%991 pesosithoutsu#sidiaryi!prison!ent incaseofinsolvency%
