FIRST DIVISION
[G.R. No. 225638. November 20, 2017.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARIECRIS CHIONG Y VAILOCES AND LIGANIE FERRAREN Y DE LA CERNA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated November 20, 2017,which reads as follows:
"G.R. No. 225638 (People of the Philippines v. Mariecris Chiong y Vailoces and Liganie Ferraren y De La Cerna). —
Accused-appellants Mariecris Chiong y Vailoces (Chiong) and Liganie Ferraren y De La Cerna (Ferraren) were charged before the Regional Trial Court (RTC) of Dumaguete City, Branch 30, in Criminal Case Nos. 2014-22109 and 2014-22108 with violation of Sections 5 and 11, Article II of Republic Act (R.A.) No. 9165, 1 otherwise known as the Comprehensive Dangerous Drugs Act of 2002. Upon arraignment, both accused-appellants pleaded not guilty to the crime charged. Thereafter, the two cases were consolidated and jointly tried. 2
Antecedent Facts
On February 12, 2014, Philippine Drug Enforcement Agency (PDEA) Investigative Agent 1 Claire Oledan (IA1 Oledan) received an information from a confidential informant (CI) that a certain "Yeye" was engaged in distributing shabu in Calindugan, Dumaguete City. 3 aScITE
With the help of the CI, IA1 Oledan called Yeye and pretended to be interested in buying a bulk of shabu. After being informed by Yeye that one bolto of shabu costs P20,000, she asked for time to prepare the money. 4
Immediately, IA1 Oledan met with her team members to plan the entrapment operation against Yeye. After the meeting, IA1 Oledan called Yeye and explained that she wanted to buy a small sachet of shabu first to try it, to which Yeye agreed. IA1 Oledan then informed Yeye that she will just call again to inform the latter where the shabu would be delivered. 5
Thereafter, IA1 Oledan and her team conducted a briefing for the entrapment operation. They agreed that the operation will be conducted in one of the rooms of Negros Lodging House (NLH) at Calindagan, Dumaguete City. 6
IA1 Oledan was designated as the poseur-buyer while Intelligence Operative 1 Julieta Amatong (IO1 Amatong) was designated as back-up. The other members of the team were tasked to provide security. The team likewise prepared a P500 bill with serial no. TP843872 marked with IA1 Oledan's initials "ICO." During the briefing, it was also agreed that the pre-arranged signal will be the words "Ato sa ning tilawan" to signify that the transaction had been consummated. 7
Upon reaching the agreed place, IA1 Oledan called Yeye to inform the latter that she was waiting for her at Room 205 of NLH. 8
When Yeye arrived, IO1 Amatong hid inside the bathroom. IA1 Oledan opened the door and saw a woman fitting the description of Yeye as relayed by the CI. Yeye was accompanied by a male person who was introduced as Ganie. 9
Inside the room, Yeye showed IA1 Oledan a big heat-sealed transparent sachet which contained the suspected shabu. IA1 Oledan, however, asked Yeye if she brought the small sachet she requested. Yeye then took out from her pouch a small heat-sealed transparent sachet containing white crystalline substance. IA1 Oledan took the sachet and acted to hand the marked P500 bill to Yeye. The latter, however, refused to receive the same and instead instructed IA1 Oledan to hand it to Ganie. 10
Upon examination of the sachet, IA1 Oledan exclaimed, "Ato sa ning tilawan" which prompted IO1 Amatong to call the other members of the team. 11
Meanwhile, IA1 Oledan declared to Yeye and Ganie her authority as a PDEA agent. She confiscated the pouch from Yeye containing the bigger plastic sachet and placed her under arrest. Ganie escaped but was caught and subdued by IO1 Amatong who was already out from hiding. IO1 Amatong recovered from Ganie the P500 marked money and one heat-sealed transparent plastic with eight smaller heat-sealed transparent sachets containing traces of white crystalline substance. The same was handed by IO1 Amatong to IA1 Oledan. Thereafter, the rest of the team arrived inside the room. 12
Upon inquiry, the team discovered the true identity of Yeye as accused-appellant Chiong and Ganie as accused-appellant Ferraren. 13
Immediately, IAl Oledan marked the plastic sachets confiscated from accused-appellants. Thereafter, he prepared a formal inventory signed by the following witnesses: (i) Barangay Captain Manuel Sagarbarria; (ii) Kagawad Roxan Pahayahay; (iii) Media Practitioner Neil Rio; and (iv) Department of Justice (DOJ) Representative Chilius Benlot. 14
Afterwards, the team proceeded to the PDEA office in Negros Oriental. While in transit, the seized items were under the custody of IA1 Oledan. 15
Upon arriving at the PDEA office, the team prepared a letter-request for the laboratory examination of the seized items signed by IA1 Oledan and was brought to the Negros Oriental provincial Crime Laboratory for examination. 16
In Chemistry Report No. D-050-14 issued by Police Chief Inspector Josephine Llena, the summary of the results show that all of the seized items tested positive for Methamphetamine Hydrochloride, a dangerous drug. 17
For her defense, Chiong claimed that she went to NLH to meet her friend Sheila Mae to get clothes for her soon-to-be-born child, as she was seven months pregnant at that time. Chiong, however, explained that before leaving the room, Sheila Mae handed to her a sealed transparent plastic sachet which she immediately placed on the bed and told Sheila Mae that she did not want it. When she tried to leave the room, Sheila Mae's boyfriend blocked her and introduced himself as a PDEA agent. Thereafter IA1 Oledan and IO1 Amatong arrived and arrested her. 18
Ferraren, for his part, averred that while working as a parking attendant, his suki texted him to go to NLH because the latter wanted him to buy balot. When he arrived at the second floor of NLH, however, he was wrestled by three unidentified men. He was forced to go inside a room where she saw a woman whom he later identified as Yeye. According to him, he was handcuffed and searched but nothing was found in his possession. 19
Ruling of the RTC
On December 17, 2014, the RTC rendered its Joint Judgment 20 finding accused-appellants guilty of illegal sale of shabu and was sentenced to suffer the penalty of life imprisonment and each to pay a fine of P500,000. Also, Chiong was found guilty of illegal possession of shabu and was sentenced to suffer the penalty of imprisonment of twenty (20) years and one (1) day as minimum to twenty (25) years as maximum and to pay a fine in the amount of P400,000.
The RTC held that the prosecution proved the presence of conspiracy when the two sold a sachet of shabu to IA1 Oledan. As to the charge of illegal possession, the RTC concluded that Chiong's intent to possess was clear when she showed the sachet of shabu to IA1 Oledan and kept the same in her possession.
Aggrieved, accused-appellants appealed to the Court of Appeals (CA).
Ruling of the CA
On May 16, 2016, the CA, in its Decision 21 denied the appeal and accordingly affirmed the findings of the RTC. HEITAD
The CA held that the testimonies of the prosecution witnesses on the buy-bust operation deserve full weight and credence as the same clearly and candidly narrated the incident that led to accused-appellant's arrest.
Issue
The main issue here is whether or not the lower courts erred in finding accused-appellants guilty of the crimes charged.
Ruling of the Court
The defense argues in the main that the prosecution evidence was insufficient to establish beyond reasonable doubt the fact of conspiracy between them in the illegal drug sale.
The Court rules in the negative.
In People v. Medina, 22 the Court had the occasion to rule that:
But the courts are not without resort in the determination of its presence. The existence of conspiracy may be inferred and proved through the acts of the accused, whose conduct before, during and after the commission of the crime point to a common purpose, concert of action, and community of interest. In short, conduct may establish conspiracy. 23 (Citations omitted)
Here, as sufficiently testified by IAl Oledan, it was Ferraren who received the marked money after Chiong handed the shabu to IA1 Oledan. Clearly, there was concerted action between them which ably demonstrated their unity of design and objective to sell the dangerous drug.
More importantly, the RTC, as affirmed by the CA, found that the prosecution was able to show the preservation of the integrity and the evidentiary value of the seized items, as the same was utilized in the determination of the guilt or innocence of the accused.
Immediately after the arrest, the PDEA agents marked and prepared the inventory at the place of the commission of the crime. The same was properly witnessed by the representatives from the Barangay, media, and the DOJ. At the PDEA office, the letter-request for the examination of the seized items was prepared. Thereafter, the seized items were delivered to the crime laboratory for examination. Clearly, the chain of custody remained with the authorities from the moment of seizure until it was examined in the crime laboratory. Further, records are devoid of any evidence that would tend to show any ill motive or irregularity on the part of the PDEA agents. Hence, the presumption of regularity in the performance of official duties must be corollarily sustained.
The Court, however, modifies the penalty imposed against Chiong in Criminal Case No. 2014-22108.
Section 11, Article II of R.A. No. 9165 expressly provides the penalty for illegal possession of shabu, thus:
Sec. 11. Possession of Dangerous Drugs. x x x
xxx xxx xxx
(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantities of dangerous drugs are five (5) grams or more but less than ten (10) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu," or other dangerous drugs such as, but not limited to, MDMA or "ecstasy," PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or three hundred (300) grams or more but less than five hundred (500) grams of marijuana[.] (Emphasis ours)
In Criminal Case No. 2014-22108, Chiong was found to have been in illegal possession of a sachet of shabu with a total weight of 5.18 grams. Therefore, the penalty imposed upon Chiong by the lower courts for illegal possession of shabu is not proper. Following the penalty provided for under Section 11, Article II of R.A. No. 9165, for illegal possession of five grams or more but less than 10 grams of shabu, the Court, thus, imposed upon Chiong the penalty of imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine of P400,000.
WHEREFORE, the appeal is DISMISSED. The Decision dated May 16, 2016 of the Court of Appeals in CA-G.R. CR-HC No. 01997 is AFFIRMED with MODIFICATION on the fine imposed in Criminal Case No. 2014-22108. For violation of Section 11, Article II of Republic Act No. 9165, accused-appellant Mariecris Chiong y Vailoces is hereby sentenced to suffer a penalty of imprisonment of TWENTY (20) YEARS and ONE (1) DAY to LIFE IMPRISONMENT and a fine of FOUR HUNDRED THOUSAND PESOS (P400,000). ATICcS
The letter dated June 12, 2017 of P/Supt. I Roberto R. Rabo, Superintendent, New Bilibid Prison, Muntinlupa City, in compliance with the Resolution dated April 3, 2017, informing the Court that accused-appellant Liganie Ferraren y de la Cerna was received for confinement in the Institution on February 18, 2015, is NOTED.
SO ORDERED."
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES. Approved on January 23, 2002.
2. CA Rollo, pp. 17-18.
3.Rollo, p. 7.
4.Id.
5.Id. at 8.
6.Id.
7.Id.
8.Id.
9.Id.
10.Id. at 8-9.
11.Id. at 9.
12.Id.
13.Id.
14. CA rollo, p. 21.
15.Rollo, p. 10.
16.Id.
17.Id.
18. CA rollo, p. 69.
19.Id. at 70-71.
20. Penned by Judge Rafael Crescencio C. Tan, Jr.; id. at 17-51.
21. Penned by Associate Justice Germano Francisco D. Legaspi, concurred in by Associate Justices Gabriel T. Ingles and Marilyn B. Lagura-Yap; rollo, pp. 5-19.
22. 354 Phil. 447 (1998).
23.Id. at 458.