Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2010 > October 2010 Decisions > G.R. No. 184952 : October 11, 2010 PEOPLE OF THE PHILIPPINES, Appellee, v. MARIANITO GONZAGA y JOMAYA, Appellant.:





 

FIRST DIVISION

G.R. No. 184952 : October 11, 2010

PEOPLE OF THE PHILIPPINES, Appellee, v. MARIANITO GONZAGA y JOMAYA, Appellant.

D E C I S I O N

DEL CASTILLO, J.:

It is the States policy to safeguard the well-being of its people from the harmful effects of dangerous drugs.1cra1aw Towards this end, law enforcers relentlessly exert their best effort to curb, if not eradicate, illicit drugs trade and all activities associated therewith. As for this Court, it reiterates its commitment to apply the law against those who engage in illegal drug trade, without compassion.2chanroblesvirtuallawlibrary

Factual Antecedents

On August 1, 2002, an Information3cra1aw charging appellant Marianito Gonzaga y Jomaya with violation of Section 15, Article III of Republic Act (RA) No. 6425, otherwise known as "The Dangerous Drugs Act of 1972," as amended, was filed in the Regional Trial Court of San Pedro, Laguna, Branch 31. The Information contained the following accusatory allegations:chanroblesvirtualawlibrary

That on or about May 13, 2002, in the Municipality of San Pedro, Province of Laguna, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, without being authorized by law, did then and there willfully, unlawfully and feloniously sell, deliver and distribute two (2) heat-sealed transparent plastic sachets containing METHAMPHETAMINE HYDROCHLORIDE (shabu) with a total weight of 206.09 grams to a Police Poseur-Buyer in exchange for ONE HUNDRED SEVENTY THOUSAND (P170,000.00) Pesos, wherein one (1) piece of a marked P1,000.00 bill with serial number W694556 was used and the rest were boodle money.

CONTRARY TO LAW.

Appellant entered a plea of "not guilty" when arraigned. After the termination of the pre-trial conference, trial ensued.

The Version of the Prosecution

The evidence presented by the prosecution established the following case against appellant:chanroblesvirtualawlibrary

On May 13, 2002, at around one oclock in the afternoon, a confidential informant arrived at the 4th Regional Narcotics Office, Camp General Vicente Lim, Calamba, Laguna to report that appellant, alias Jun, was selling illegal drugs. The confidential informant claimed that he had gained the trust of appellant due to previous transactions. Police Senior Inspector Julius Ceasar Viernes Ablang4cra1aw (P/Sr. Insp. Ablang) immediately organized a buy-bust team with him as the leader, SPO2 Marcelino Male (SPO2 Male) as the poseur-buyer, and PO3 Marino Garcia (PO3 Garcia) and SPO3 Rico Atienza (SP03 Atienza) as police back-up.

P/Sr. Insp. Ablang instructed the confidential informant to contact appellant by phone. He complied and introduced SPO2 Male, who, as poseur-buyer, talked to appellant and successfully arranged for the purchase of 200 grams of shabu for P170,000.00. Delivery would take place in front of Shakeys at Pacita Complex, San Pedro, Laguna in the late afternoon of the same day.

It was later agreed upon during the briefing that SPO2 Male and the confidential informant would conduct the buy-bust operation inside a vehicle. SPO2 Male would turn on the hazard lights to signify the consummation of the sale. P/Sr. Insp. Ablang then gave SPO2 Male a genuine P1,000.00 bill with serial number W694556. SPO2 Male, in turn marked the bill with his initials "MPM," set it on top of the boodle money, and put it inside a white paper envelope.

At around five oclock in the afternoon, the police buy-bust team proceeded to the designated area. Upon reaching the place, SPO2 Male and the confidential informant parked their vehicle while the other team members positioned themselves nearby and waited for the appellant to arrive. While the confidential informant was waiting outside the vehicle, appellant appeared. They (the appellant and the informant) then approached the vehicle of SPO2 Male, who was occupying the drivers seat. Appellant entered and sat in the front while the confidential informant sat behind him.

The confidential informant introduced appellant to SPO2 Male as the person he talked to over the phone. SPO2 Male then asked appellant if he had the shabu, to which the latter replied in the affirmative and in turn asked SPO2 Male if he had the money. SPO2 Male showed appellant the envelope containing the money but demanded to see the shabu before turning it over. Appellant gave him a clutch bag that contained two small plastic sachets of white crystalline substance. Satisfied, SPO2 Male handed over the envelope with the buy-bust money and turned on the hazard lights of the vehicle. As SPO2 Male introduced himself to appellant as a narcotics agent, PO3 Garcia opened the door of the car and immediately arrested appellant after apprising him of his constitutional rights. The buy-bust money was recovered from appellant while the sachets of white crystalline substance were turned-over to P/Sr. Insp. Ablang.

At the police station, P/Sr. Insp. Ablang gave the sachets to SPO2 Male who marked them with his initials, "MPM." He later prepared a written request for laboratory examination dated May 13, 2002 and personally submitted the sachets to the crime laboratory. Chemistry Report No. D-998-025cra1aw dated May 13, 2002 which was issued by Forensic Chemist Donna Villa P. Huelgas (Forensic Chemist Huelgas) indicated that the two sachets contained 206.09 grams of methamphetamine hydrochloride or shabu.

The Version of the Appellant

Denying the allegations against him, appellant asserted that in the morning of May 13, 2002, his sister Marianne requested him to accompany her to San Pedro, Laguna, where she would withdraw money and collect payment from a debtor. At around two oclock in the afternoon, they arrived in said place and his sister withdrew money from Metrobank. Thereafter, they ate in a restaurant in Pacita Complex. While eating, Marianne received a phone call that the debtor would be arriving soon. About 20 minutes later, the debtor arrived in his car and parked in front of the restaurant. Upon Mariannes request, appellant approached the driver of the vehicle to collect the money on her behalf. The driver asked if he is Jun, the brother of Marianne. When he replied in the affirmative, he was told to get inside the car. He complied, but was surprised when the driver sped away from the restaurant. He asked for Mariannes money, but did not receive any reply. Instead, three men alighted from a van trailing them and boarded the vehicle he was riding in. One of them who was brandishing a gun handcuffed him. They brought him to Camp General Vicente Lim where he saw SPO2 Male, PO3 Garcia and P/Sr. Insp. Ablang for the first time. The latter called up his father and demanded P500,000.00 for his release. Refusal would result to his indictment for illegal sale of dangerous drugs, which is a non-bailable offense.

Appellant testified further that Marianne is married to Vicente Sy (Vicente), who is serving the penalty of life imprisonment at the National Bilibid Prison for drug trafficking. Vicente threatened her sister that something bad would happen to her family if she would separate from him.

Marianne and Marianito Gonzaga, Sr. corroborated the testimony of appellant.

Ruling of the Regional Trial Court

On May 27, 2004, the trial court rendered a Decision convicting appellant for violation of Section 15, Article III of RA 6425, as amended. The dispositive portion of the Decision reads:chanroblesvirtualawlibrary

IN VIEW THEREOF, this Court finds that the prosecution represented by Assistant Provincial Prosecutor Melchorito M.E. Lomarda has duly established the guilt of the accused beyond reasonable doubt of the crime of Violation of Section 15, Article III of RA 6425, as amended, without having been authorized/permitted by law.

WHEREFORE, judgment is hereby rendered sentencing accused Marianito Gonzaga y Jomaya to suffer the penalty of reclusion perpetua, to pay a fine of P500,000, and to pay the costs of suit.

The Officer-in-Charge of this Court is hereby directed to turn-over the evidence consisting of shabu with a total weight of 206.09 grams to the Philippine Drug Enforcement Agency (PDEA) for its proper disposition.

SO ORDERED.6chanroblesvirtuallawlibrary

Decision of the Court of Appeals

Due to the penalty imposed, the case was elevated directly to this Court. Conformably with People v. Mateo,7cra1aw the case was then transferred to the Court of Appeals (CA), which sustained in all respects the judgment of the trial court. The dispositive portion of its Decision8cra1aw reads:chanroblesvirtualawlibrary

WHEREFORE, premises considered, the Appeal is hereby DENIED and the questioned Decision dated May 27, 2004 of the Regional Trial Court (RTC), Branch 31, San Pedro, Laguna in Criminal Case No. 3028-SPL is AFFIRMED in toto.

SO ORDERED.9chanroblesvirtuallawlibrary

Thus, this appeal.

Assignment of Errors

In his Brief,10cra1aw appellant initially assigned the following errors:chanroblesvirtualawlibrary

A. THE RTC GRIEVOUSLY ERRED IN FINDING THAT THE PHYSICAL AND TESTIMONIAL EVIDENCE PRESENTED BY THE PROSECUTION HAVE PROVEN BEYOND REASONABLE DOUBT THE CULPABILITY OF [APPELLANT] FOR THE CRIME HE IS BEING ACCUSED OF.

B. THE RTC GRIEVOUSLY ERRED IN RELYING HEAVILY ON THE PRESUMPTION OF REGULARITY IN THE PERFORMANCE OF OFFICIAL FUNCTION ON THE PART OF THE ARRESTING OFFICERS WHEN THE EVIDENCE SHOWS OTHERWISE.

C. THE RTC GRIEVOUSLY ERRED IN HOLDING THAT THE PROSECUTION HAS PRESENTED EVIDENCE SUFFICIENT TO PRODUCE MORAL CERTAINTY OF THE GUILT OF [APPELLANT].

D. THE RTC GRIEVOUSLY ERRED WHEN IT CONVICTED [APPELLANT] DESPITE THE NON-PRESENTATION OF THE INFORMANT THEREBY DEPRIVING THE [APPELLANT] OF HIS CONSTITUTIONAL RIGHT TO CROSS-EXAMINE HIS ACCUSER.11chanroblesvirtuallawlibrary

Appellant assigned two more errors in his Supplemental Brief,12cra1aw to wit:chanroblesvirtualawlibrary

A. The Regional Trial Court as well as the Honorable Court of Appeals erred in convicting the accused for violation of the crime of violation of Section 15, Article III of R.A. 6425, as amended[, d]espite the fact that [the] defense has proven by clear and convincing evidence that no buy-bust operation was conducted [on] 13 May 2002.

B. The Regional Trial Court as well as the Honorable Court of Appeals erred in convicting Marianito Gonzaga for violation of Section 15, Article III of R.A. 6425, as amended, despite the fact that the alleged shabu, which was allegedly recovered from the accused-appellant, [was] never authenticated for the reason that the arresting officers failed to comply with the rules on chain of custody of evidence.13chanroblesvirtuallawlibrary

Our Ruling

There is no merit in the appeal.

Elements for the Prosecution of Illegal Sale of Shabu

In a prosecution for illegal sale of dangerous drugs, the following elements must concur: "(1) the identity of the buyer and the seller, the object, and consideration; and, (2) the delivery of the thing sold and the payment therefor. What is material to the prosecution for illegal sale of dangerous drugs is the proof that the transaction or sale actually took place, coupled with the presentation in court of the corpus delicti."14chanroblesvirtuallawlibrary

In the case at bench, the prosecution was able to prove all the essential elements of illegal sale of shabu. Appellant was positively identified by the prosecution witnesses as the person who sold the shabu presented in court. SPO2 Male, the poseur-buyer, testified that he bought the shabu from appellant during a legitimate buy-bust operation. SPO2 Male narrated the circumstances leading to the consummation of the sale of illegal drugs and the arrest of appellant:chanroblesvirtualawlibrary

Q. When that civilian informant came to your office in the afternoon of May 13, 2002, what if any information did he bring?

A. Our civilian informant informed our team leader that he knows of someone who is offering shabu for sale and that person is his acquaintance, sir.

x x x x

Q. What other informations, [aside from] the fact that a person was willing to sell shabu at P1,000.00 per gram, did the informant give to the team leader by way of briefing?

A. In his briefing the name Jun from Marikina was mentioned, sir.

x x x x

Q. x x x You said that your civilian informant talked for 30 minutes, what happened after 30 minutes?

A. P/Inspt. Ablang instructed the civilian informant to call this alias Jun because he knew the cellphone number, sir.

x x x x

Q. And how long did they talk?

A. For about two or three minutes and then he gave the cellphone to me because I was assigned to act as poseur-buyer, sir.

Q. Were you able to talk to that person at the other end of the line?

A. Yes, sir.

x x x x

A. I told him that I am in the business of selling shabu and then I bargained for the price of the shabu, sir.

Q. How much did you quote with respect to the price?

A. I told him that in order for me to earn, I [bargained] for the price of P170,000.00 for 200 grams, sir.

x x x x

Q. Where in San Pedro are [sic] you going to meet?

A. He told me that it would be easier that we meet in Shakeys Pacita Complex, sir.

Q. What about the time, what was the agreement?

A. He did not give the exact time but he told me that he [would] be [there] late in the afternoon, sir.

Q. x x x what if any did your team leader do?

A. After that, P/Inspt. Ablang gave me a P1,000 bill x x x which I x x x initial[ed] and placed x x x on top of a boodle money x x x inside an envelope[. W]e also talked about the buy-bust operation, sir.

Q. Since this is a buy-bust operation, who is supposed to be the poseur-buyer?

A. I would act as the poseur-buyer, sir.

Q. What about the back-up team?

A. It would be PO3 Marino Garcia, sir.

Q. What about any other arrangement?

A. We agreed that I will use a car and then I will let the suspect board the same and if the transaction was done, I will put on the hazard light as a sign of the consummation of the transaction, sir.

x x x x

Q. And past 3:00 in the afternoon, where did you proceed?

A. We [were] still in the office at that time and it was about 5:00 in the afternoon x x x when we x x x proceed[ed] to the area, sir.

x x x x

Q. On the first vehicle, how many persons were riding including the driver?

A. On board the first vehicle were I and the civilian informant, sir.

Q. What about in the second car?

A. They were three, sir x x x P/Inspt. Ablang, PO3 Garcia and SPO3 Atienza.

Q. What time did you arrive in Pacita Complex?

A. It was already past 6:00 in the evening, sir.

x x x x

Q. And what was your first step upon reaching Pacita Complex?

A. I parked near the Shakeys and I told our civilian informant to call up Jun, sir.

x x x x

Q. What if any did your civilian informant tell you when he was able to contact Jun?

A. That according to Jun to just wait for him and he will be coming, sir.

x x x x

Q. And what happened after that?

A. At about 6:45 in the evening, our civilian informant alighted from the car and waited outside for the arrival of Jun, sir.

x x x x

Q. You said that you saw a person that your civilian informant was talking to, when for the first time did you observe that your civilian informant was talking to a person after he alighted?

A. After five minutes because the window of the car was [open], sir.

Q. After five minutes was over, when you noticed that the two were talking, what happened?

A. After that our civilian informant asked Jun to board our car[.] x x x Jun sat in [the] front [seat] while our civilian informant sat at the back x x x, sir.

Q. And what transpired between you and that person who was introduced to you as Jun inside the car?

A. After our civilian informant introduced Jun to me, I told Jun that we have the same line of business and I asked him if he has x x x with him the item, sir.

Q. What is this item that you are referring to?

A. Shabu, sir.

Q. And what did this person do when you asked him if he has with him the item?

A. He also asked me if I have with me the money, sir.

Q. And how did you answer him?

A. I told x x x him that I have with me the money and I even showed to him the envelope, sir.

Q. And what happened after you showed to him the envelope?

A. x x x he said "kaliwaan tayo, isasara ko lang and bintana," sir.

x x x x

Q. And what happened after he closed the window?

A. x x x he handed to me a clutch bag, sir.

Q. What did you do in return after the clutch bag was handed to you?

A. I told him if I can examine the contents to determine the quality, sir.

Q. And what was the reaction of Jun?

A. He told me to first give the money to him, sir.

Q. And what did you do?

A. I told him that I will first examine the items because he might run away, sir.

x x x x

Q. What did you do when he agreed to have you examine the items?

A. I opened the clutch bag [containing] two plastic bags x x x [with] white crystalline substance, sir.

Q. And how big were these plastic bags?

A. The same size [as] the tape recorder used by the stenographer, sir (about 2x4 inches).

x x x x

Q. Just a few seconds earlier, I heard you [say] that even at Pacita Complex upon arrival of P/Inspt. Ablang, you turned over to him the plastic bags with white crystalline substance, how did it [happen] that in your office at Camp Vicente Lim, you were able to mark those items with your initials?

A. Because when we arrived at our office, P/Inspt. Ablang brought the items while we [were] preparing the complaint, sir.

x x x x

Q. You said that you placed your [initial] on the two plastic bags, from your office did you come to know where these items were brought?

A. After we prepared the complaint, I was the one who personally brought the items to the crime laboratory for examination, sir.

x x x x

Q. On page 13 of the record is a copy of the Memorandum for the Chief PNP Crime Laboratory which was previously marked as Exhibit 3 for the defense, please go over this and tell us if your signature is found on that document?

A. Yes, sir.15chanroblesvirtuallawlibrary

PO3 Garcia corroborated the testimony of SPO2 Male on relevant points. He testified as follows:chanroblesvirtualawlibrary

Q. So, you were following behind them and you arrived at about 6:30 P.M. at Pacita Complex[. W]hat happened next after your arrival?

A. After our arrival, we strategically positioned ourselves at Shakeys Food Chain wherein I [as] back-up and x x x arresting officer could x x x actually observe the x x x transaction between the poseur-buyer and the suspect, sir.

Q. By that time, you have no way of knowing who x x x was going to sell or dispose of illegal drugs?

A. During our planning, sir.

Q. What was discussed during the planning regarding the physical description of that person?

A. The physical description was disseminated to each and every member based [on] the description given by the confidential informant, sir.

Q. So, what happened next after you posted yourself to observe whatever transaction x x x may be consummated between SPO2 Male and the seller of illegal drugs?

A. On or about 6:45 or 1845 [hours], we saw a man [enter] x x x the car wherein SPO2 Male and the confidential informant [were] positioned, sir.

x x x x

Q. How far were you from the person when you first saw him that evening?

x x x x

A. x x x we were approximately 10 to 15 meters away from them, sir.

Q. Did you step [outside] the car that you were riding, or you were just inside?

A. Actually, we were not inside the car [at] that particular time, we acted as x x x ordinary passers-by at the place, sir.

x x x x

Q. What happened after that person entered the car of SPO2 Male?

A. After 5 to 10 minutes, we observed that the pre-arranged signal was given already by the poseur-buyer by [switching] on the hazard light of that car, sir.

x x x x

Q. What did you do as back-up after you saw that the pre-arranged signal in the form of the hazard light was turned on by SPO2 Male?

x x x x

A. I immediately opened the right front door of the car and informed the person inside the car particularly the suspect that we [are] policemen and [are arresting him] for [violating] certain provision[s] [of] R.A. 6425[. We likewise] immediately informed him of his constitutional rights, sir.

x x x x

Q. So, aside from informing that person who entered the car driven by SPO2 Male regarding his constitutional rights, x x x what else, if any, did you do?

A. We effect[ed] the consented search [during which] we recovered the white paper envelope [containing] the boodle money and the original One Thousand Peso Bill x x x sir.

x x x x

Q. And you mentioned a while ago that what was recovered from the accused was a single sachet?

A. The only item I recovered from the suspect was the boodle money as arresting officer, maam.16chanroblesvirtuallawlibrary

During his re-direct examination, PO3 Garcia corrected and clarified his testimony while on direct examination that he recovered from appellant only one sachet of shabu. He testified that two sachets of shabu were recovered from appellant. Thus:chanroblesvirtualawlibrary

Q. Can you please reconcile your apparent contradicting statements wherein you previously stated that you recovered from SPO2 Male one (1) transparent plastic sachet of shabu, whereas in the information you said there were two (2) transparent plastic sachets of shabu x x x?

A. Yes, sir. During the initial direct examination, I humbly admit that I made a mistake.

Q. In what way did you make a mistake?

A. I thought it was only one (1) plastic sachet but I [found] out later based (on) our record that [there were] two (2) plastic sachets, sir.17chanroblesvirtuallawlibrary

Forensic Chemist Huelgas, who examined the confiscated crystalline substance with a quantity of 206.09 grams, found the same to be positive for methamphetamine hydrochloride or shabu. This finding is contained in Chemistry Report No. D-998-02.18chanroblesvirtuallawlibrary

The Trial Courts Findings on the Credibility of Witnesses are Afforded Great Respect

Appellant contends that it is his testimony and not the statements under oath of the prosecution witnesses that should be the basis in determining the outcome of his case. This contention, however, must fail in view of the established rule that "findings of the trial courts that are factual in nature and which involve credibility are accorded respect when no glaring errors; gross misapprehension of facts; or speculative, arbitrary, and unsupported conclusions can be gathered from such findings. The reason for this is that the trial court is in a better position to decide the credibility of witnesses, having heard their testimonies and observed their deportment and manner of testifying during the trial. The rule finds even more stringent application where said findings are sustained by the [appellate court]."19chanroblesvirtuallawlibrary

The trial court, as sustained by the CA, found that the testimonies of SPO2 Male and PO3 Garcia were unequivocal, definite and straightforward. Their testimonies were consistent in material respects with each other and the physical evidence. Collectively, the prosecutions evidence proved beyond reasonable doubt the crime charged.

There Must be Evidence of Improper Motives on the Part of the Arresting Officers

Moreover, appellant failed to proffer clear and convincing evidence to overturn the presumption that the arresting officers regularly performed their duties. It was not proven that the police officers "were impelled by improper motives to testify against him. There is, therefore, no basis to suspect the veracity of their testimonies."20chanroblesvirtuallawlibrary

Appellants denial and allegation that he was a victim of frame-up by the arresting officers in their attempt to extort money in exchange for his freedom is implausible. We have invariably viewed with disfavor the defenses of denial and frame-up for such defenses can easily be fabricated and are common ploy in prosecutions for the illegal sale and possession of dangerous drugs. In order to prosper, such defenses must be proved with strong and convincing evidence.21chanroblesvirtuallawlibrary

In this case, if the police officers indeed tried to extort money from

appellant, he should have filed the proper charges against them. The fact that no administrative or criminal charges were filed lends cogency to the conclusion that the alleged frame-up was merely concocted as a defense scheme. This inaction clearly betrays appellants claim of frame-up.

The Inconsistencies in the Testimonies of the Prosecution Witnesses are Trivial

Appellant contends that the trial court and the CA erred in relying on the testimonies of SPO2 Male and PO3 Garcia which were replete with serious contradictions. He claims that there are irreconcilable inconsistencies in their respective accounts of the buy-bust operation. He referred to statements of both police officers as to: (1) the conduct of the confidential informant while allegedly waiting for him at the designated meeting place; (2) who got hold of the boodle money after his arrest; (3) the length of time the briefing for the entrapment operation was held; (4) the size of the sachets and the color of the shabu contained therein; and, (5) the person who brought the shabu to the crime laboratory.

Unfortunately for the appellant, "[f]or a discrepancy or inconsistency between the testimonies of witnesses to serve as basis for acquittal, it must refer to significant facts vital to the guilt or innocence of the accused x x x. An inconsistency which has nothing to do with the elements of the crime cannot be a ground for the acquittal of the accused."22chanroblesvirtuallawlibrary

Here, the inconsistencies mentioned by appellant refer to trivial matters and are clearly beyond the elements of illegal sale of shabu since the same do not pertain to the actual buy-bust itself that crucial moment when appellant was caught selling shabu.23chanroblesvirtuallawlibrary

Furthermore, minor inconsistencies do not negate or dissolve the eyewitnesses positive identification of the appellant as the perpetrator of the crime.24cra1aw "[M]inor inconsistencies in the narration of witnesses do not detract from their essential credibility as long as their testimony on the whole is coherent and intrinsically believable. Inaccuracies may in fact suggest that the witnesses are telling the truth and have not been rehearsed. x x x Witnesses are not expected to remember every single detail of an incident with perfect or total recall."25cra1aw "The witnesses testimonies need only to corroborate one another on material details surrounding the actual commission of the crime."26chanroblesvirtuallawlibrary

The Presentation of the Informant is not Indispensable

We are not impressed with appellants argument that his conviction was unwarranted due to the non-presentation of the informant who allegedly told the police that he was a drug pusher. The presentation of an informant is not a requisite in a prosecution for drug cases.27cra1aw "The failure of the prosecution to present the informant does not vitiate its cause as the latters testimony is not indispensible to a successful prosecution for drug-pushing, since his testimony would be merely corroborative of and cumulative with that of the poseur-buyer who was presented in court and who testified on the facts and circumstances of the sale and delivery of the prohibited drug. Failure of the prosecution to produce the informant in court is of no moment, especially when he is not even the best witness to establish the fact that the buy-bust operation has indeed been conducted."28chanroblesvirtuallawlibrary

Here, SPO2 Male, as poseur-buyer, testified in clear, concise and candid manner on the circumstances regarding the illegal sale of shabu made by appellant. He contacted appellant by cellular phone to verify the report that the latter was engaged in drug pushing and to arrange the sale of 200 grams of shabu for P170,000.00. After his conversation with appellant, the buy-bust team proceeded to the designated place. The confidential informant introduced him to appellant, who admitted being the same person he transacted with over the cellular phone for the illicit purchase of the shabu. Appellant proceeded to give him the shabu. As payment, he gave the marked money and boodle money to the appellant. After the consummation of the sale, appellant was arrested.

The Failure to Present the Marked Money is not Fatal

We are likewise not impressed with the appellants contention that the failure to present the marked money was fatal to the case against him. "The marked money used in the buy-bust operation is not indispensable in drug cases; it is merely corroborative evidence."29cra1aw In prosecuting a case for the sale of dangerous drugs, the failure to present "marked money does not create a hiatus in the evidence for the prosecution as long as the sale of dangerous drugs is adequately proven and the drug subject of the transaction is presented before the court. Neither law nor jurisprudence requires the presentation of any money used in the buy-bust operation."30chanroblesvirtuallawlibrary

The Chain of Custody in Handling the Shabu Allows Flexibility

In a final attempt to exonerate himself, appellant asserts that the police operatives failed to comply with the proper procedure on chain of custody of the evidence. He claims that there is no assurance that the sachets seized during the buy-bust operation were the same items marked by SPO2 Male upon his arrival in Camp Vicente Lim. There was also uncertainty that the sachets marked by SPO2 Male were the same items forwarded to the receiving clerk of the crime laboratory and then to the forensic chemist.

The assertion must fail.

A thorough review of the records reveals that there is no broken chain in the custody of the seized items, later on determined to be shabu, from the moment of their confiscation by the buy-bust team, to their turn-over at the police station, to the time same were brought to the forensic chemist for examination, and their subsequent presentation in court during trial. It was duly established by documentary, testimonial, and object evidence, including the markings on the plastic sachets containing the shabu, that the substance examined by the forensic chemist was the same as that taken from appellant.31chanroblesvirtuallawlibrary

Dangerous Drugs Board Regulation No. 3, Series of 1979, which provided the procedure for the custody and disposition of confiscated, seized and/or surrendered dangerous drugs at the time of the commission of the crime of illegal sale of shabu, reads:chanroblesvirtualawlibrary

Subject: Amendment of Board Resolution No. 7, series of 1974, prescribing the procedure in the custody of seized prohibited and regulated drugs, instruments, apparatuses, and articles specially designed for the use thereof.

[x x x x]

SECTION 1. All prohibited and regulated drugs, instruments, apparatuses and articles specially designed for the use thereof when unlawfully used or found in the possession of any person not authorized to have control and disposition of the same, or when found secreted or abandoned, shall be seized or confiscated by any national, provincial or local law enforcement agency. Any apprehending team having initial custody and control of said drugs and/or paraphernalia, should immediately after seizure and confiscation, have the same physically inventoried and photographed in the presence of the accused, if there be any, and/or his representative, who shall be required to sign the copies of the inventory and be given a copy thereof. Thereafter, the seized drugs and paraphernalia shall be immediately brought to a properly equipped government laboratory for a qualitative and quantitative examination.

The apprehending team shall: (a) within forty-eight (48) hours from the seizure inform the Dangerous Drugs Board by telegram of said seizure, the nature and quantity thereof, and who has present custody of the same, and (b) submit to the Board a copy of the mission investigation report within fifteen (15) days from completion of the investigation.32chanroblesvirtuallawlibrary

While it appears that the buy-bust team failed to comply strictly with the procedure outlined above, the same does not overturn the presumption of regularity in the performance of their duty. A violation of the regulation is a matter strictly between the Dangerous Drugs Board and the arresting officers and is totally irrelevant to the prosecution of the criminal case since the commission of the crime of illegal sale of a prohibited drug is considered consummated once the sale or transaction is established and the prosecution thereof is not undermined by the arresting officers inability to conform to the regulations of the Dangerous Drugs Board.33chanroblesvirtuallawlibrary

Further, the integrity of the evidence is presumed to be preserved, unless there is a showing of bad faith, ill will, or proof that the evidence has been tampered with.34cra1aw Appellant failed to prove the presence of these instances to overcome said presumption.

The Proper Penalty

All told, we find no reason to disturb the findings of the trial court, as affirmed by the appellate court, that appellant is guilty beyond reasonable doubt of illegal sale of a dangerous drug, as defined and penalized under Section 15, Article III of RA 6425, as amended.

Under Section 15, Article III, in relation to Sec. 20, Article IV, of RA 6425, as amended by RA 7659, the penalty prescribed for unauthorized sale of 200 grams or more of shabu or methamphetamine hydrochloride is reclusion perpetua to death and a fine ranging from P500,000.00 to P10 million pesos.35chanroblesvirtuallawlibrary

Here, the report of the forensic chemist shows that the two plastic sachets contained a total weight of 206.09 grams. With the quantity of the shabu exceeding the weight of 200 grams, the proper penalty should be reclusion perpetua to death. Since the penalty of reclusion perpetua to death consists of two indivisible penalties, appellant was correctly meted the lesser penalty of reclusion perpetua, conformably with Article 63(2) of the Revised Penal Code that when there are no mitigating or aggravating circumstances in the commission of the deed, the lesser penalty shall be applied. As to the fine, considering that the amount of shabu sold was 206.09 grams, we find the amount of P500,000.00 imposed by the trial court as reasonable.36chanroblesvirtuallawlibrary

WHEREFORE, the Decision of the Court of Appeals, which affirmed in all respects the Decision of the Regional Trial Court of San Pedro, Laguna, Branch 31, convicting Marianito Gonzaga y Jomaya for violation of Section 15, Article III of Republic Act No. 6425, as amended by Republic Act No. 7659, and sentencing him to suffer the penalty of reclusion perpetua and ordering him to pay the fine of P500,000.00, is AFFIRMED in toto.

SO ORDERED.

MARIANO C. DEL CASTILLO
Associate Justice

WE CONCUR:

RENATO C. CORONA
Chief Justice
Chairperson

PRESBITERO J. VELASCO, JR.
Associate Justice
TERESITA J. LEONARDO-DE CASTRO
Associate Justice

JOSE PORTUGAL PEREZ
Associate Justice

C E R T I F I C A T I O N

Pursuant to Section 13, Article VIII of the Constitution, it is hereby certified that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Courts Division.

RENATO C. CORONA
Chief Justice



cralaw Endnotes:

1cra1aw See Republic Act No. 9165, Section 1.

2cra1aw See People v. San Juan, 427 Phil. 236, 247-248 (2002).

3cra1aw Records, p. 1.

4cra1aw Also spelled as "Ablan" in some parts of the records.

5cra1aw Records, p. 14.

6cra1aw Id. at 286; penned by Judge Stella Cabuco-Andres.

7cra1aw G.R. Nos. 147678-87, July 7, 2004, 433 SCRA 640.

8cra1aw CA rollo, pp. 152-174; penned by Associate Justice Ramon R. Garcia and concurred in by Associate Justices Josefina Guevarra-Salonga and Vicente Q. Roxas.

9cra1aw Id. at 174.

10cra1aw Id. at 44-94.

11cra1aw Id. at 62.

12cra1aw Rollo, pp. 38-66.

13cra1aw Id. at 46-47.

14cra1aw People v. Macatingag, G.R. No. 181037, January 19, 2009, 576 SCRA 354, 361-362.

15cra1aw TSN, December 9, 2002, pp. 4-13.

16cra1aw TSN, October 21, 2002, pp. 11-26.

17cra1aw TSN, November 27, 2002, p. 3.

18cra1aw Supra note 5.

19cra1aw People v. Macatingag, supra note 14 at 366.

20cra1aw Id.

21cra1aw People v. Lazaro, Jr., G.R. No. 186418, October 16, 2009, 604 SCRA 250, 269.

22cra1aw Id. at 272.

23cra1aw Id.

24cra1aw People v. Daen, Jr., 314 Phil. 280, 292 (1995).

25cra1aw People v. Alas, G. R. Nos. 118335-36, June 19, 1997, 274 SCRA 310, 320.

26cra1aw People v. Cruz, G.R. No. 185381, December 16, 2009, 608 SCRA 350, 364.

27cra1aw People v. Ho Chua, 364 Phil. 497, 513 (1999).

28cra1aw People v. Naquita, G.R. No. 180511, July 28, 2008, 560 SCRA 430, 445-446.

29cra1aw People v. Tion, G.R. No. 172092, December 16, 2009, 608 SCRA 299, 321.

30cra1aw People v. Concepcion, G.R. No. 178876, June 27, 2008, 556 SCRA 421, 441-442.

31cra1aw People v. Naelga, G.R. No. 171018, September 11, 2009, 599 SCRA 477, 493.

32cra1aw Cited in People v. Kimura, 471 Phil. 895, 918 (2004).

33cra1aw People v. Naelga, supra note 31 at 495.

34cra1aw Id. at 497.

35cra1aw See also Ching v. People, G.R. No. 177237, October 17, 2008, 569 SCRA 711, 736.

36cra1aw Id. at 736-737.




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  • G.R. No. 184952 : October 11, 2010 PEOPLE OF THE PHILIPPINES, Appellee, v. MARIANITO GONZAGA y JOMAYA, Appellant.

  • G.R. NO. 177127 : October 11, 2010 J.R.A. PHILIPPINES, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.cralaw

  • G.R. No. 192473 : October 11, 2010 S.I.P. FOOD HOUSE and MR. and MRS. ALEJANDRO PABLO, Petitioners, v. RESTITUTO BATOLINA, ALMER CALUMPISAN, ARIES MALGAPO, ARMANDO MALGAPO, FLORDELIZA MATIAS, PERCIVAL MATIAS, ARWIN MIRANDA, LOPE MATIAS, RAMIL MATIAS, ALLAN STA. INES, Respondents.cralaw

  • G.R. No. 156038 : October 11, 2010 SPOUSES VICTORIANO CHUNG and DEBBIE CHUNG, Petitioners, v. ULANDAY CONSTRUCTION, INC.,*cra1aw Respondent.

  • G.R. No. 192916 : October 11, 2010 MANUEL A. ECHAVEZ, Petitioner, v. DOZEN CONSTRUCTION AND DEVELOPMENT CORPORATION and THE REGISTER OF DEEDS OF CEBU CITY, Respondents.cralaw

  • G.R. No. 190804 : October 11, 2010 PHILIPPINE TRANSMARINE CARRIERS, INC., GLOBAL NAVIGATION, LTD., Petitioners, v. SILVINO A. NAZAM, Respondent.cralaw

  • G.R. No. 182953 : October 11, 2010 CORAZON D. SARMIENTA, JOSE DERAMA, CATES RAMA, JOSIE MIWA, TOTO NOLASCO, JESUS OLIQUINO, NORBERTO LOPEZ, RUBEN ESPOSO, BERNARDO FLORESCA, MARINA DIMATALO, ROBLE DIMANDAKO, RICARDO PE�A, EDUARDO ESPINO, ANTONIO GALLEGOS, VICTOR SANDOVAL, FELICITAS ABRANTES, MERCY CRUZ, ROSENDO ORGANO, RICKY BARENO, ANITA TAKSAGON, JOSIE RAMA and PABLO DIMANDAKO, Petitioners, v. MANALITE HOMEOWNERS ASSOCIATION, INC. (MAHA), Respondent.cralaw

  • G.R. No. 178551 : October 11, 2010 ATCI OVERSEAS CORPORATION, AMALIA G. IKDAL and MINISTRY OF PUBLIC HEALTH-KUWAIT Petitioners, v. MA. JOSEFA ECHIN, Respondent.cralaw

  • G.R. No. 171685 : October 11, 2010 LAND BANK OF THE PHILIPPINES, Petitioner, v. GLENN Y. ESCANDOR, GEROME Y. ESCANDOR, EMILIO D. ESCANDOR and VIOLETA YAP, Respondents.cralaw

  • G.R. No. 171365 : October 6, 2010 ERMELINDA C. MANALOTO, AURORA J. CIFRA, FLORDELIZA J. ARCILLA, LOURDES J. CATALAN, ETHELINDA J. HOLT, BIENVENIDO R. JONGCO, ARTEMIO R. JONGCO, JR. and JOEL JONGCO, Petitioners, v. ISMAEL VELOSO III, Respondent.cralaw

  • G.R. No. 163091 : October 6, 2010 COCA-COLA BOTTLERS PHILIPPINES, INC., Petitioner, v. ANGEL U. DEL VILLAR, Respondent.cralaw

  • G.R. No. 152866 : October 6, 2010 THE HEIRS OF ROMANA SAVES, namely: FIDELA ALMAIDA, EMILIANO ALMAIDA, JESUS ALMAIDA, CATALINA ALMAIDA, ALFREDO RAMOS, GINA RAMOS, LUZ ALMAIDA, ANITA ALMAIDA, PETRA GENERAL, EDNA GENERAL, ESTHER ALMAIDA, DIONISIA ALMAIDA, CORNELIA ALMAIDA, FELIMON ALMAIDA (represented by SINFROSA ALMAIDA); The Heirs of RAFAELA SAVES, namely: JULIANA DIZON, HILARIA DIZON, JOVENCIO DIZON, MAURA DIZON, BABY DIZON & ULDARICO AMISTOSO (represented by ULDARICO AMISTOSO); The Heirs of JANUARIA SAVES, namely: FELICIDAD MARTINEZ, MARLOU MARTINEZ, ROWENA MARTINEZ, BABY LOU MARTINEZ, BOBERT MARTINEZ, JERRY MARTINEZ (represented by FELICIDAD MARTINEZ); The Heirs of MAXIMO SAVES, namely: ELPIDIO AMIGO, CELESTINA DEMETRIA AMIGO, MEREN (daughter of SEVERA SAVES), FRUTO ROSARIO (represented by ELPIDIO AMIGO); The Heirs of BENEDICTA SAVES, namely: AUTEMIA JUCOM, CATALINA JUCOM, DOLORES JUCOM, SERGIA JUCOM, BENEDICTA JUCOM, JOSEFINA JUCOM, FLORDIVIDA REMETILLO, FELINA REMETILLO and ANNA MARIE REMETILLO, (represented by AUTEMIA JUCOM), Petitioners, v. THE HEIRS OF ESCOLASTICO SAVES, namely: REMEDIOS SAVES-ADAMOS, LUZ SAVES-HERNANDEZ and DODONG SAVES, and ENRIQUETA CHAVES-ABELLA, Respondents.cralaw

  • G.R. No. 186652 : October 6, 2010 ATTY. ALICE ODCHIGUE-BONDOC, Petitioner, v. TAN TIONG BIO A.K.A. HENRY TAN, Respondent.cralaw

  • G.R. No. 168313 : October 6, 2010 BANK OF THE PHILIPPINE ISLANDS, Petitioner, v. HON. COURT OF APPEALS, HON. ROMEO BARZA, in his capacity as the Presiding Judge of the Regional Trial Court of Makati City, Br. 61, FIRST UNION GROUP ENTERPRISES and LINDA WU HU, Respondents.cralaw

  • A.M. No. P-06-2221 : October 5, 2010 (Formerly A.M. No. 06-7-215-MTCC) OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. RODELIO E. MARCELO and MA. CORAZON D. ESPA�OLA, MTCC, SAN JOSE DEL MONTE CITY, BULACAN, Respondents.cralaw

  • A.M. No. MTJ-05-1580 : October 6, 2010 [Formerly OCA IPI No. 04-1608-MTJ] LOURDES B. FERRER and PROSPERIDAD M. ARANDEZ, Complainants, v. JUDGE ROMEO A. RABACA, Metropolitan Trial Court, Branch 25, Manila, Respondent.cralaw

  • A.M. No. MTJ-10-1769 : October 6, 2010 [Formerly OCA IPI No. 09-2145-MTJ] EDUARDO B. OLAGUER, Complainant, v. JUDGE ALFREDO D. AMPUAN, Metropolitan Trial Court, Branch 33, Quezon City, Respondent.cralaw

  • A.M. No. MTJ-09-1738 : October 6, 2010 (Formerly OCA I.P.I. No. 08-2033-MTJ) CIRILA S. RAYMUNDO, Complainant, v. JUDGE TERESITO A. ANDOY, Municipal Trial Court (MTC), Cainta, Rizal, Respondent.cra

  • G.R. No. 188650 : October 6, 2010 OFFICE OF THE OMBUDSMAN, Petitioner, v. PRISCILLA S. CORDOVA, Deputy Collector for Assessment, Bureau of Customs, Respondent.cralaw G.R. No. 187166 DEPARTMENT OF FINANCE-REVENUE INTEGRITY PROTECTION SERVICE (DOF-RIPS) AND COMMISSIONER NAPOLEON MORALES, Petitioners, v. PRISCILLA S. CORDOVA, Deputy Collector for Assessment, Bureau of Customs, Respondent.

  • G.R. No. 179543 : October 6, 2010 CAMPER REALTY CORP., Petitioner, v. MARIA NENA PAJO-REYES represented by her Attorney-in-Fact Eliseo B. Ballao, AUGUSTO P. BAJADO, RODOLFO PAJO and GODOFREDO PAJO, JR., Respondents.cralaw

  • G.R. No. 171980 : October 6, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. OLIVE RUBIO MAMARIL, Accused-Appellant.

  • G.R. No. 185020 : October 6, 2010 FILOMENA R. BENEDICTO, Petitioner, v. ANTONIO VILLAFLORES, Respondent.cralaw

  • G.R. No. 180687 : October 6, 2010 ESMERALDO C. ROMULLO, PEDRO MANGUNDAYAO, MAXIMO ANES, ELVIRA BONZA, ROBERTO BELARMINO, TELESPORO GARCIA, BETH ZAIDA GIMENEZ, CELSO LIBRANDO, MICHAEL DELA CRUZ, and ROBERTO ARAWAG, Petitioners, v. SAMAHANG MAGKAKAPITBAHAY NG BAYANIHAN COMPOUND HOMEOWNERS ASSOCIATION, INC., represented by its President, PAQUITO QUITALIG, Respondent.cralaw

  • G.R. No. 153998 : October 6, 2010 JORGE L. TIANGCO, THE HEIRS OF ENRIQUE L. TIANGCO, GLORIA T. BATUNGBACAL, NARCISO L. TIANGCO and SILVINO L. TIANGCO, Petitioners, v. LAND BANK OF THE PHILIPPINES, Respondent.cralaw

  • G.R. No. 176479 : October 6, 2010 RIZAL COMMERCIAL BANKING CORPORATION, Petitioner, v. PEDRO P. BUENAVENTURA, Respondent.cra

  • G.R. No. 161934 : October 6, 2010 VARORIENT SHIPPING CO., INC., and.,d ARIA MARITIME CO., LTD., Petitioners, v. GIL A. FLORES, Respondent.cr

  • G.R. No. 190381 : October 6, 2010 COCA-COLA BOTTLERS PHILIPPINES, INC., Petitioner, v. RODRIGO MERCADO, ANTONIO VILLERO, LUISITO MANTIBE, MARCELO FABIAN, EDMUNDO YALUNG, EDILBERTO GUEVARRA, MICHAEL GUICO, ANGEL FERNANDO, ERNESTO DELA CRUZ, EFREN FERNANDO, ROBERTO TORRES, JIMMY DUNGO, WILLY OCAMPO, SANDRO DIZON, ALLAN OCAMPO, CARLITO MANABAT, CARLITO SINGIAN, JAY MANABAT, ERIC AQUINO, RODRIGO DAVID, NICOLAS LUQUIAZ,* LUCIO MANTIBE, PRUDENCIO PALALON, RAFAEL CABRERA, ROMMER SINGIAN,** ROGELIO MALIT, ALVIN ANDAYA, EMERITO B. DUNGCA, ALMIRANTE GORAL,*** AND NICOLAS CURA, Respondents.cralaw

  • G.R. No. 169067 : October 6, 2010 REPUBLIC OF THE PHILIPPINES, Petitioner, v. ANGELO B. MALABANAN, PABLO B. MALABANAN, GREENTHUMB REALTY AND DEVELOPMENT CORPORATION and THE REGISTRAR OF DEEDS OF BATANGAS, Respondents.cralaw

  • G.R. No. 184823 : October 6, 2010 COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. AICHI FORGING COMPANY OF ASIA, INC., Respondent.cralaw

  • G.R. No. 175573 : October 5, 2010 OFFICE OF THE OMBUDSMAN, Petitioner, v. JOEL S. SAMANIEGO1cra1aw , Respondent.cralaw

  • G.R. No. 184769 : October 5, 2010 MANILA ELECTRIC COMPANY, ALEXANDER S. DEYTO and RUBEN A. SAPITULA, Petitioners, v. ROSARIO GOPEZ LIM, Respondent.

  • A.M. No. CA-10-50-J : October 5, 2010 [formerly A.M. OCA IPI No. 09-152-CA-J] 3-D INDUSTRIES, INC. and SMARTNET PHILIPPINES, INC. Complainants, v. JUSTICES VICENTE Q. ROXAS and JUAN Q. ENRIQUEZ, JR., Respondents.cralaw

  • A.M. No. P-06-2221 : October 5, 2010 (Formerly A.M. No. 06-7-215-MTCC) OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. RODELIO E. MARCELO and MA. CORAZON D. ESPA�OLA, MTCC, SAN JOSE DEL MONTE CITY, BULACAN, Respondents.cralaw

  • G.R. No. 178552 : October 5, 2010 SOUTHERN HEMISPHERE ENGAGEMENT NETWORK, INC., on behalf of the South-South Network (SSN) for Non-State Armed Group Engagement, and ATTY. SOLIMAN M. SANTOS, JR., Petitioners, v. ANTI-TERRORISM COUNCIL, THE EXECUTIVE SECRETARY, THE SECRETARY OF JUSTICE, THE SECRETARY OF FOREIGN AFFAIRS, THE SECRETARY OF NATIONAL DEFENSE, THE SECRETARY OF THE INTERIOR AND LOCAL GOVERNMENT, THE SECRETARY OF FINANCE, THE NATIONAL SECURITY ADVISER, THE CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES, AND THE CHIEF OF THE PHILIPPINE NATIONAL POLICE, Respondents.cralaw G.R. No. 178554 KILUSANG MAYO UNO (KMU), represented by its Chairperson Elmer Labog, NATIONAL FEDERATION OF LABOR UNIONS-KILUSANG MAYO UNO (NAFLU-KMU), represented by its National President Joselito V. Ustarez and Secretary General Antonio C. Pascual, and CENTER FOR TRADE UNION AND HUMAN RIGHTS, represented by its Executive Director Daisy Arago,Petitioners, v. HON. EDUARDO ERMITA, in his capacity as Executive Secretary, NORBERTO GONZALES, in his capacity as Acting Secretary of National Defense, HON. RAUL GONZALES, in his capacity as Secretary of Justice, HON. RONALDO PUNO, in his capacity as Secretary of the Interior and Local Government, GEN. HERMOGENES ESPERON, in his capacity as AFP Chief of Staff, and DIRECTOR GENERAL OSCAR CALDERON, in his capacity as PNP Chief of Staff, Respondents.cralaw G.R. No. 178581 BAGONG ALYANSANG MAKABAYAN (BAYAN), GENERAL ALLIANCE BINDING WOMEN FOR REFORMS, INTEGRITY, EQUALITY, LEADERSHIP AND ACTION (GABRIELA), KILUSANG MAGBUBUKID NG PILIPINAS (KMP), MOVEMENT OF CONCERNED CITIZENS FOR CIVIL LIBERTIES (MCCCL), CONFEDERATION FOR UNITY, RECOGNITION AND ADVANCEMENT OF GOVERNMENT EMPLOYEES (COURAGE), KALIPUNAN NG DAMAYANG MAHIHIRAP (KADAMAY), SOLIDARITY OF CAVITE WORKERS, LEAGUE OF FILIPINO STUDENTS (LFS), ANAKBAYAN, PAMBANSANG LAKAS NG KILUSANG MAMAMALAKAYA (PAMALAKAYA), ALLIANCE OF CONCERNED TEACHERS (ACT), MIGRANTE, HEALTH ALLIANCE FOR DEMOCRACY (HEAD), AGHAM, TEOFISTO GUINGONA, JR., DR. BIENVENIDO LUMBERA, RENATO CONSTANTINO, JR., SISTER MARY JOHN MANANSAN OSB, DEAN CONSUELO PAZ, ATTY. JOSEFINA LICHAUCO, COL. GERRY CUNANAN (ret.), CARLITOS SIGUION-REYNA, DR. CAROLINA PAGADUAN-ARAULLO, RENATO REYES, DANILO RAMOS, EMERENCIANA DE LESUS, RITA BAUA, REY CLARO CASAMBRE, Petitioners, v. GLORIA MACAPAGAL-ARROYO, in her capacity as President and Commander-in-Chief, EXECUTIVE SECRETARY EDUARDO ERMITA, DEPARTMENT OF JUSTICE SECRETARY RAUL GONZALES, DEPARTMENT OF FOREIGN AFFAIRS SECRETARY ALBERTO ROMULO, DEPARTMENT OF NATIONAL DEFENSE ACTING SECRETARY NORBERTO GONZALES, DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT SECRETARY RONALDO PUNO. DEPARTMENT OF FINANCE SECRETARY MARGARITO TEVES, NATIONAL SECURITY ADVISER NORBERTO GONZALES, THE NATIONAL INTELLIGENCE COORDINATING AGENCY (NICA), THE NATIONAL BUREAU OF INVESTIGATION (NBI), THE BUREAU OF IMMIGRATION, THE OFFICE OF CIVIL DEFENSE, THE INTELLIGENCE SERVICE OF THE ARMED FORCES OF THE PHILIPPINES (ISAFP), THE ANTI-MONEY LAUNDERING COUNCIL (AMLC), THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME, THE CHIEF OF THE PHILIPPINE NATIONAL POLICE GEN. OSCAR CALDERON, THE PNP, including its intelligence and investigative elements, AFP CHIEF GEN. HERMOGENES ESPERON, Respondents.cralaw G.R. No. 178890 KARAPATAN, ALLIANCE FOR THE ADVANCEMENT OF PEOPLE'S RIGHTS, represented herein by Dr. Edelina de la Paz, and representing the following organizations: HUSTISYA, represented by Evangeline Hernandez and also on her own behalf; DESAPARECIDOS, represented by Mary Guy Portajada and also on her own behalf, SAMAHAN NG MGA EX-DETAINEES LABAN SA DETENSYON AT PARA SA AMNESTIYA (SELDA), represented by Donato Continente and also on his own behalf, ECUMENICAL MOVEMENT FOR JUSTICE AND PEACE (EMJP), represented by Bishop Elmer M. Bolocon, UCCP, and PROMOTION OF CHURCH PEOPLE'S RESPONSE, represented by Fr. Gilbert Sabado, OCARM, Petitioners, v. GLORIA MACAPAGAL-ARROYO, in her capacity as President and Commander-in-Chief, EXECUTIVE SECRETARTY EDUARDO ERMITA, DEPARTMENT OF JUSTICE SECRETARY RAUL GONZALEZ, DEPARTMENT OF FOREIGN AFFAIRS SECRETARY ALBERTO ROMULO, DEPARTMENT OF NATIONAL DEFENSE ACTING SECRETARY NORBERTO GONZALES, DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT SECRETARY RONALDO PUNO, DEPARTMENT OF FINANCE SECRETARY MARGARITO TEVES, NATIONAL SECURITY ADVISER NORBERTO GONZALES, THE NATIONAL INTELLIGENCE COORDINATING AGENCY (NICA), THE NATIONAL BUREAU OF INVESTIGATION (NBI), THE BUREAU OF IMMIGRATION, THE OFFICE OF CIVIL DEFENSE, THE INTELLIGENCE SERVICE OF THE ARMED FORCES OF THE PHILIPPINES (ISAFP), THE ANTI-MONEY LAUNDERING COUNCIL (AMLC), THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME, THE CHIEF OF THE PHILIPPINE NATIONAL POLICE GEN. OSCAR CALDERON, THE PNP, including its intelligence and investigative elements, AFP CHIEF GEN. HERMOGENES ESPERON, Respondents.cralaw G.R. No. 179157 THE INTEGRATED BAR OF THE PHILIPPINES (IBP), represented by Atty. Feliciano M. Bautista, COUNSELS FOR THE DEFENSE OF LIBERTY (CODAL), SEN. MA. ANA CONSUELO A.S. MADRIGAL and FORMER SENATORS SERGIO OSME�A III and WIGBERTO E. TA�ADA, Petitioners, v. EXECUTIVE SECRETARY EDUARDO ERMITA AND THE MEMBERS OF THE ANTI-TERRORISM COUNCIL (ATC), Respondents.cralaw G.R. No. 179461 BAGONG ALYANSANG MAKABAYAN-SOUTHERN TAGALOG (BAYAN-ST), GABRIELA-ST, KATIPUNAN NG MGA SAMAHYANG MAGSASAKA-TIMOG KATAGALUGAN (KASAMA-TK), MOVEMENT OF CONCERNED CITIZENS FOR CIVIL LIBERTIES (MCCCL), PEOPLES MARTYRS, ANAKBAYAN-ST, PAMALAKAYA-ST, CONFEDERATION FOR UNITY, RECOGNITION AND ADVANCEMENT OF GOVERNMENT EMPLOYEES (COURAGE-ST), PAGKAKAISA'T UGNAYAN NG MGA MAGBUBUKID SA LAGUNA (PUMALAG), SAMAHAN NG MGA MAMAMAYAN SA TABING RILES (SMTR-ST), LEAGUE OF FILIPINO STUDENTS (LFS), BAYAN MUNA-ST, KONGRESO NG MGA MAGBUBUKID PARA SA REPORMANG AGRARYO KOMPRA, BIGKIS AT LAKAS NG MGA KATUTUBO SA TIMOG KATAGALUGAN (BALATIK), SAMAHAN AT UGNAYAN NG MGA MAGSASAKANG KABABAIHAN SA TIMOG KATAGALUGAN (SUMAMAKA-TK), STARTER, LOS�OS RURAL POOR ORGANIZATION FOR PROGRESS & EQUALITY, CHRISTIAN NI�O LAJARA, TEODORO REYES, FRANCESCA B. TOLENTINO, JANNETTE E. BARRIENTOS, OSCAR T. LAPIDA, JR., DELFIN DE CLARO, SALLY P. ASTRERA, ARNEL SEGUNE BELTRAN, Petitioners, v. GLORIA MACAPAGAL-ARROYO, in her capacity as President and Commander-in-Chief, EXECUTIVE SECRETARY EDUARDO ERMITA, DEPARTMENT OF JUSTICE SECRETARY RAUL GONZALEZ, DEPARTMENT OF FOREIGN AFFAIRS SECRETARY ALBERTO ROMULO, DEPARTMENT OF NATIONAL DEFENSE ACTING SECRETARY NORBERTO GONZALES, DEPARTMENT OF INTERIOR AND LOCAL GOVERNMEN T SECRETARY RONALDO PUNO, DEPARTMENT OF FINCANCE SECRETARY MARGARITO TEVES, NATIONAL SECURITY ADVISER NORBERTO GONZALES, THE NATIONAL INTELLIGENCE COORDINATING AGENCY (NICA), THE NATIONAL BUREAU OF INVESTIGATION (NBI), THE BUREAU OF IMMIGRATION, THE OFFICE OF CIVIL DEFENSE, THE INTELLIGENCE SERVICE OF THE ARMED FORCES OF THE PHILIPPINES (ISAFP), THE ANTI-MONEY LAUNDERING COUNCIL (AMLC), THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME, THE CHIEF OF THE PHILIPPINE NATIONAL POLICE GEN. OSCAR CALDERON, THE PNP, including its intelligence and investigative elements, AFP CHIEF GEN. HERMOGENES ESPERON, Respondents.cralaw

  • G.R. No. 164186 : October 4, 2010 FINANCIAL BUILDING CORPORATION, v. CORPORATION, BLOOMFIELD EDUCATIONAL FOUNDATION, INC., RODOLFO J. LAGERA, MA. ERLINDA J. LAGERA AND JOSAPHAT R. BRAVANTE, RUDLIN INTERNATIONAL Respondents. G.R. No. 164347 RUDLIN INTERNATIONAL CORPORATION, BLOOMFIELD EDUCATIONAL FOUNDATION, INC., RODOLFO J. LAGERA, MA. ERLINDA J. LAGERA AND JOSAPHAT R. BRAVANTE, Petitioners, v. FINANCIAL BUILDING CORPORATION, Respondent.cralaw D E C I S I O N

  • G.R. Nos. 158090 : October 4, 2010 GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), Petitioner, v. HEIRS OF FERNANDO F. CABALLERO, represented by his daughter, JOCELYN G. CABALLERO, Respondents.cralaw

  • A.C. No. 3872 : October 4, 2010 TRINIDAD IRORITA, Petitioner, v. ATTY. JIMMY LUCZON, Respondent.

  • G.R. No. 175501 : October 4, 2010 MANILA WATER COMPANY, INC., Petitioner, v. JOSE J. DALUMPINES, EMMANUEL CAPIT, ROMEO B. CASTOLONE, MELITANTE CASTRO, NONITO FERNANDEZ, ARNULFO JAMISON, ARTHUR LAVISTE, ESTEBAN LEGARTO, SUSANO MIRANDA, RAMON C. REYES, JOSE SIERRA, BENJAMIN TALAVERA, MOISES ZAPATERO, EDGAR PAMORAGA, BERNARDO S. MEDINA, MELENCIO M. BAONGUIS, JR., JOSE AGUILAR, ANGEL C. GARCIA, JOSE TEODY P. VELASCO, AUGUSTUS J. TANDOC, ROBERTO DAGDAG, MIGUEL LOPEZ, GEORGE CABRERA, ARMAN BORROMEO, RONITO R. FRIAS, ANTONIO VERGARA, RANDY CORTIGUERRA, and FIRST CLASSIC COURIER SERVICES, INC., Respondents.cralaw

  • G.R. No. 183626 : October 4, 2010 SURIGAO DEL NORTE ELECTRIC COOPERATIVE, INC. (SURNECO), Petitioner, v. ENERGY REGULATORY COMMISSION, Respondent.

  • G.R. No. 165876 : October 4, 2010 WESTMONT INVESTMENT CORPORATION, Petitioner, v. FARMIX FERTILIZER CORPORATION, PEARLBANK SECURITIES, INC., MANUEL N. TANKIANSEE and JUANITA U. TAN, Respondents.crala

  • [G. R. No. 3316-Paras : October 26, 2010] JOSE PNCE DE LEON, PLAINTIFF AND APPELLANT, VS. SANTIAGO SYJUCO, INC., DEFENDANT AND APPELLANT, PHILIPPINE NATIONAL BANK, DEFENDANT AND APPELLEE.

  • [A.M. No. RTJ-05-1924 (Formerly A.M. No. 04-10-568-RTC), October 13, 2010] RE: CASES SUBMITTED FOR DECISION BEFORE JUDGE DAMASO A. HERRERA, REGIONAL TRIAL COURT, BRANCH 24, BIÑAN, LAGUNA.

  • [G.R. No. 172394, October 13, 2010] H. TAMBUNTING PAWNSHOP, INC., PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.