February 2008 - Philippine Supreme Court Resolutions
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[G.R. No. 173796 : February 04, 2008] PEOPLE OF THE PHILIPPINES V. HELEN ANGELES MATIC, A.K.A. "AMPOT":
[G.R. No. 173796 : February 04, 2008]
PEOPLE OF THE PHILIPPINES V. HELEN ANGELES MATIC, A.K.A. "AMPOT"
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated 04 February 2008:
G.R. No. 173796 (People of the Philippines v. Helen Angeles Matic, a.k.a. "Ampot")
Accused-appellant Helen Matic was charged with violating Republic Act No. (RA) 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, particularly Sections 5[1] and 11[2] of Article II thereof, in two Informations, docketed as Criminal Case Nos. 944-M-2003 and 945-M-2003, respectively. The Informations read:
To prove its case, the prosecution presented, among others, two witnesses, SPO2 Rogelio Violago and PO2 Enrique Rullan, Jr. Their testimony was to the effect that in the morning of March 17, 2003, the Bulacan Provincial Drug Enforcement Group received a tip about the illegal drug activities of a certain alias "Ampot" in Sitio Libis, Baliuag, Bulacan. Soon after, the group formulated an entrapment (buy-bust) operation plan. SPO2 Violago was the designated team leader of the buy-bust operation while PO2 Rullan was one of the group members. The team arrived in Baliuag at around 12:00 noon on the same date and established contact with a local asset/confidential informant. The latter warned the police team that Ampot has a habit of not selling drugs to those whom she did not know. SPO2 Violago then told the asset to introduce him to Ampot as a friend who wanted to buy PhP 500 worth of shabu[3].
From 1:00 to around 5:00 in the afternoon of March 17, 2003, the team conducted surveillance of Ampot's eatery located at 919 Sitio Libis, Poblacion, Baliuag, Bulacan. At around 6:45 in the evening of March 17, 2003, the asset, with SPO2 Violago in tow, entered Ampot's eatery and the asset introduced SPO2 Violago as a friend wanting to buy PhP 500 worth of shabu. Ampot then demanded from SPO2 Violago the PhP 500 payment in exchange for shabu. The latter gave Ampot a marked PhP 500 bill while Ampot handed SPO2 Violago a plastic sachet of shabu. Immediately after this exchange, SPO2 Violago signaled PO2 Rullan and the rest of the team, introduced himself as a police officer, and made the arrest. SPO2 Violago ordered Ampot to bring out the contents of her pockets which later yielded six medium-sized plastic sachets of shabu. The police team seized the marked money and the drugs and took Ampot to their station. It later turned out that Ampot's real name is Helen Matic.
The seven plastic sachets seized from accused-appellant were forwarded to the crime laboratory for examination by forensic chemist P/Insp. Nelson Cruz Sta. Maria. His testimony was dispensed with, following a stipulation with accused-appellant, coupled by her counsel's admission that based on the forensic chemist's report, the sachets' contents were tested positive for the presence of shabu.
Accused-appellant and her mother, Teresita Angeles, testified for the defense. Accused-appellant testified that she was at the CVC Supermarket accompanied by her sister, Marites Matic, buying things for her child's birthday party at around 5:00 p.m. on March 17, 2003. They went home from the supermarket at around 6:00 p.m. Upon reaching home, she noticed seven police officers searching her house. At that time, the only one home was Angeles. Accused-appellant claimed that she was arrested when she arrived at her house for reasons she knew nothing about. She denied being caught with illegal drugs on her person or having sold the stuff. Subsequently, she claimed that the real target of the buy-bust operation was her cousin, Marina Rubio, apparently a known drug dealer. She theorized that the police arrested her because they did not find her cousin at her house.
Angeles, for her part, testified that she was selling food at her store located just across their residence and that, while scooping rice for a customer, she noticed seven persons enter her house and proceed to the second floor. She failed to see what said persons were doing. Thereafter, her daughters, accused-appellant and Marites, arrived. Of the two, only accused-appellant was arrested and taken into custody.
After due trial, the Malolos, Bulacan Regional Trial Court (RTC), Branch 20, issued the June 9, 2004 Decision,[4] finding accused-appellant guilty of the charges and imposing penalties as follows: (1) in Criminal Case No. 944-M-2003 (the unlawful sale of 0.349 gram of shabu), life imprisonment and a fine of PhP 500,000; and (2) in Criminal Case No. 945-M-2003 (the unlawful possession of a total of 17.926 grams of shabu), life imprisonment and a fine of PhP 400,000.
Accused-appellant appealed to the Court of Appeals (CA), on the principal issue of whether or not the trial court erred in finding her guilty beyond reasonable doubt of violating Sees. 5 and 11, Art. II of RA 9165.
Eventually, on May 19, 2006, the CA rendered a Decision, affirming in toto the RTC Decision.
On appeal to this Court, both parties filed manifestations stating that they would no longer file their respective supplemental briefs considering that the issues had already been thoroughly discussed in their earlier pleadings. Therefore, this case has been submitted for this Court's resolution.
The lone issue before the Court is whether or not the verdict of the trial court finding accused-appellant guilty beyond reasonable doubt of violating Sees. 5 and 11, Art. II of RA 9165 is correct.
The elements of illegal sale of dangerous drugs, such as shabu, are: (1) the identity of the buyer and the seller, the object, and the consideration; and (2) the delivery of the thing sold and the payment for it.[5] The CA concluded, based on evidence on record that the two (2) elements have been proven by the State. SPO2 Violago clearly narrated how the drug deal went between him and accused-appellant. It was accused-appellant who was positively identified as the person who sold SPO2 Violago PhP 500 worth of shabu, and who received the marked money in exchange. A forensic expert, P/Insp. Sta. Maria confirmed that the substance sold by her was shabu, a dangerous drug.
On the other hand, the essential elements of illegal possession of shabu under Sec. 11, Art. II of RA 9165 are: (1) the accused is in possession of the object identified as a prohibited or a regulated drug; (2) such possession is not authorized by law; and (3) the accused freely and consciously possessed the said drug.[6] Again, the CA found that the prosecution was able to show by proof beyond reasonable doubt that the three (3) elements were met. Police officers caught accused-appellant possessing six heat-sealed transparent sachets containing shabu. She failed to present any good reason explaining her possession of the drug.[7]
Considering the allegations, issues raised, and arguments adduced in the appeal, the Court in fine finds no reason to disturb the findings of the CA regarding the criminal culpability of accused-appellant under Sees. 5 and 11, Art. II of RA 9165. Consequently, the Court adopts the findings of fact and conclusions of law of the CA in its May 19, 2006 Decision in CA-G.R. CR.-H.C. No. 00821.
WHEREFORE, the instant appeal is DISMISSED for failure to show that reversible error was committed by the CA sufficient to warrant the exercise of this Court's discretionary appellate jurisdiction. The May 19, 2006 CA Decision in CA-G.R. CR.-H.C. No. 00821, finding accused-appellant guilty beyond reasonable doubt of violating Sees. 5 and 11, Art. II of RA 9165, is accordingly AFFIRMED IN TOTO.
SO ORDERED.
G.R. No. 173796 (People of the Philippines v. Helen Angeles Matic, a.k.a. "Ampot")
Accused-appellant Helen Matic was charged with violating Republic Act No. (RA) 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, particularly Sections 5[1] and 11[2] of Article II thereof, in two Informations, docketed as Criminal Case Nos. 944-M-2003 and 945-M-2003, respectively. The Informations read:
Upon arraignment, accused-appellant pleaded not guilty to the charges. After pre-trial, trial on the cases proceeded.Criminal Case No. 944-M-2003 That on or about the 17th day of MARCH 2003, in the municipality of BALIUAG, province of Bulacan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, without authority of law and legal justification, did then and there willfully, unlawfully and feloniously sell, trade, deliver, give away, dispatch in transit and transport dangerous drug consisting of one (1) heat sealed transparent plastic sachet of methylamphetamine hydrochloride weighing 0.349 gram.Criminal Case No. 945-M-2003
That on or about the 17th day of MARCH 2003, in the municipality of BALIUAG, province of Bulacan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, without authority of law and legal justification, did then and there willfully, unlawfully and feloniously have in her possession and control dangerous drug consisting of six (6) heat sealed [transparent] sachets of methylamphetamine hydrochloride weighing 17.926 grams.
To prove its case, the prosecution presented, among others, two witnesses, SPO2 Rogelio Violago and PO2 Enrique Rullan, Jr. Their testimony was to the effect that in the morning of March 17, 2003, the Bulacan Provincial Drug Enforcement Group received a tip about the illegal drug activities of a certain alias "Ampot" in Sitio Libis, Baliuag, Bulacan. Soon after, the group formulated an entrapment (buy-bust) operation plan. SPO2 Violago was the designated team leader of the buy-bust operation while PO2 Rullan was one of the group members. The team arrived in Baliuag at around 12:00 noon on the same date and established contact with a local asset/confidential informant. The latter warned the police team that Ampot has a habit of not selling drugs to those whom she did not know. SPO2 Violago then told the asset to introduce him to Ampot as a friend who wanted to buy PhP 500 worth of shabu[3].
From 1:00 to around 5:00 in the afternoon of March 17, 2003, the team conducted surveillance of Ampot's eatery located at 919 Sitio Libis, Poblacion, Baliuag, Bulacan. At around 6:45 in the evening of March 17, 2003, the asset, with SPO2 Violago in tow, entered Ampot's eatery and the asset introduced SPO2 Violago as a friend wanting to buy PhP 500 worth of shabu. Ampot then demanded from SPO2 Violago the PhP 500 payment in exchange for shabu. The latter gave Ampot a marked PhP 500 bill while Ampot handed SPO2 Violago a plastic sachet of shabu. Immediately after this exchange, SPO2 Violago signaled PO2 Rullan and the rest of the team, introduced himself as a police officer, and made the arrest. SPO2 Violago ordered Ampot to bring out the contents of her pockets which later yielded six medium-sized plastic sachets of shabu. The police team seized the marked money and the drugs and took Ampot to their station. It later turned out that Ampot's real name is Helen Matic.
The seven plastic sachets seized from accused-appellant were forwarded to the crime laboratory for examination by forensic chemist P/Insp. Nelson Cruz Sta. Maria. His testimony was dispensed with, following a stipulation with accused-appellant, coupled by her counsel's admission that based on the forensic chemist's report, the sachets' contents were tested positive for the presence of shabu.
Accused-appellant and her mother, Teresita Angeles, testified for the defense. Accused-appellant testified that she was at the CVC Supermarket accompanied by her sister, Marites Matic, buying things for her child's birthday party at around 5:00 p.m. on March 17, 2003. They went home from the supermarket at around 6:00 p.m. Upon reaching home, she noticed seven police officers searching her house. At that time, the only one home was Angeles. Accused-appellant claimed that she was arrested when she arrived at her house for reasons she knew nothing about. She denied being caught with illegal drugs on her person or having sold the stuff. Subsequently, she claimed that the real target of the buy-bust operation was her cousin, Marina Rubio, apparently a known drug dealer. She theorized that the police arrested her because they did not find her cousin at her house.
Angeles, for her part, testified that she was selling food at her store located just across their residence and that, while scooping rice for a customer, she noticed seven persons enter her house and proceed to the second floor. She failed to see what said persons were doing. Thereafter, her daughters, accused-appellant and Marites, arrived. Of the two, only accused-appellant was arrested and taken into custody.
After due trial, the Malolos, Bulacan Regional Trial Court (RTC), Branch 20, issued the June 9, 2004 Decision,[4] finding accused-appellant guilty of the charges and imposing penalties as follows: (1) in Criminal Case No. 944-M-2003 (the unlawful sale of 0.349 gram of shabu), life imprisonment and a fine of PhP 500,000; and (2) in Criminal Case No. 945-M-2003 (the unlawful possession of a total of 17.926 grams of shabu), life imprisonment and a fine of PhP 400,000.
Accused-appellant appealed to the Court of Appeals (CA), on the principal issue of whether or not the trial court erred in finding her guilty beyond reasonable doubt of violating Sees. 5 and 11, Art. II of RA 9165.
Eventually, on May 19, 2006, the CA rendered a Decision, affirming in toto the RTC Decision.
On appeal to this Court, both parties filed manifestations stating that they would no longer file their respective supplemental briefs considering that the issues had already been thoroughly discussed in their earlier pleadings. Therefore, this case has been submitted for this Court's resolution.
The lone issue before the Court is whether or not the verdict of the trial court finding accused-appellant guilty beyond reasonable doubt of violating Sees. 5 and 11, Art. II of RA 9165 is correct.
The elements of illegal sale of dangerous drugs, such as shabu, are: (1) the identity of the buyer and the seller, the object, and the consideration; and (2) the delivery of the thing sold and the payment for it.[5] The CA concluded, based on evidence on record that the two (2) elements have been proven by the State. SPO2 Violago clearly narrated how the drug deal went between him and accused-appellant. It was accused-appellant who was positively identified as the person who sold SPO2 Violago PhP 500 worth of shabu, and who received the marked money in exchange. A forensic expert, P/Insp. Sta. Maria confirmed that the substance sold by her was shabu, a dangerous drug.
On the other hand, the essential elements of illegal possession of shabu under Sec. 11, Art. II of RA 9165 are: (1) the accused is in possession of the object identified as a prohibited or a regulated drug; (2) such possession is not authorized by law; and (3) the accused freely and consciously possessed the said drug.[6] Again, the CA found that the prosecution was able to show by proof beyond reasonable doubt that the three (3) elements were met. Police officers caught accused-appellant possessing six heat-sealed transparent sachets containing shabu. She failed to present any good reason explaining her possession of the drug.[7]
Considering the allegations, issues raised, and arguments adduced in the appeal, the Court in fine finds no reason to disturb the findings of the CA regarding the criminal culpability of accused-appellant under Sees. 5 and 11, Art. II of RA 9165. Consequently, the Court adopts the findings of fact and conclusions of law of the CA in its May 19, 2006 Decision in CA-G.R. CR.-H.C. No. 00821.
WHEREFORE, the instant appeal is DISMISSED for failure to show that reversible error was committed by the CA sufficient to warrant the exercise of this Court's discretionary appellate jurisdiction. The May 19, 2006 CA Decision in CA-G.R. CR.-H.C. No. 00821, finding accused-appellant guilty beyond reasonable doubt of violating Sees. 5 and 11, Art. II of RA 9165, is accordingly AFFIRMED IN TOTO.
SO ORDERED.
Very truly yours,
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
Endnotes:
[1] Sec. 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals-�The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions, x x x
[2] Sec. 11. Possession of Dangerous Drugs.�x x x x.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as follows:
(1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity of methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less than fifty (50) grams.
[3] The street name of methylamphetamine hydrochloride or methamphetamine chloride.
[4] Penned by Judge Oscar C. Herrera, Jr.
[5] People v. Tan, G.R. No. 129376, May 29, 2002, 382 SCRA 419,432.
[6] People v. Bongcarawan, G.R. No. 143944, My 11, 2002, 384 SCRA 525, 532.
[7] Rollo,p. 109.
