Decision: Plaintiff-Appellee
Decision: Plaintiff-Appellee
COURT OF APPEALS
Manila
SECOND DIVISION
SALAZAR-FERNANDO, R. A.,
- versus - Chairperson,
BALTAZAR-PADILLA, P. J., and
INTING, S. B., JJ.
DECISION
SALAZAR-FERNANDO, J.:
*
See Records, Criminal Case No. U-15372, pp. 27-29; referred to as “Quiocho” in other
pleadings and Orders
**
This Court's Resolution dated December 3, 2015 (Rollo, p. 129) noted that accused-appellant
Lilia Delos Reyes is the sole appellant in this case. It appears, however, that Andy Quicho also
appealed from the February 5, 2014 Decision of the RTC (Records, Criminal Case No. U-
15372, pp. 318-319), which pertinent documents were not attached to the Rollo.
1
Rollo, pp. 93-103, penned by Judge Gonzalo P. Marata
CA-G.R. CR. NO. 37092
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SO ORDERED.”2
2
Rollo, pp. 102-103
3
Records, Criminal Case No. U-15372, p. 2; Records, Criminal Case No. U-15373, p. 1
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4
Records, Criminal Case No. U-15372, pp. 65-66; Records, Criminal Case No. U-15373, pp.
13-14
5
Records, Criminal Case No. U-15373, p. 2
6
Records, Criminal Case No. U-15373, p. 20
7
Records, Criminal Case No. U-15372, p. 89
8
Records, Criminal Case No. U-15373, p. 26
9
Records, Criminal Case No. U-15372, pp. 105-106
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PSI Amor Mio Somine (PSI Somine for brevity) testified 15 that:
on December 27, 2007, he was at the Urdaneta City Police Station
when he received a text message from one of his confidential assets,
informing him that there was an on-going drug transaction in Doña
Loleng Village, particularly at the Muslim area; he formed a team and
after a short briefing, they proceeded to the area; they used a black
Hummer vehicle and stopped at the corner of First Street; the house
was made of light materials such as wood and bamboo, and had lots
of holes; they noticed through its shattered door that there was a man
and a woman who were packing shabu; they were putting crystalline
granules in a transparent plastic sachet; the team immediately rushed
inside the house and arrested them; accused-appellant Quicho was
surprised of their arrival and immediately grabbed the plastic sachet,
while accused-appellant Delos Reyes picked up a pouch which
contained two (2) sachets of shabu; he confiscated the sachets from
accused-appellant Quicho and instructed SPO4 Andaya to place his
markings thereon; and, he was also present when SPO4 Andaya
placed his markings on the items recovered from accused-appellant
Delos Reyes.
22
Transcript of Stenographic Notes of the testimony of accused Andy Quicho taken on
September 27, 2013
23
Records, Criminal Case No. U-15372, p. 296
24
Records, Criminal Case No. U-15372, pp. 305-315; Records, Criminal Case No. U-15373, pp.
109-119; Rollo, pp. 93-103
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I.
THE COURT A QUO GRAVELY ERRED IN NOT
RULING THAT THE ACCUSED-APPELLANTS'
WARRANTLESS ARREST AND EVENTUAL SEARCH
MADE AGAINST THEIR PERSONS WERE ILLEGAL.
II.
THE COURT A QUO GRAVELY ERRED IN NOT
RULING THAT THERE WAS FAILURE TO PROVE THE
ELEMENTS OF THE CRIME CHARGED.
III.
THE COURT A QUO GRAVELY ERRED IN FINDING
THE ACCUSED-APPELLANTS GUILTY OF VIOLATION
OF SECTION 11, ARTICLE II OF REPUBLIC ACT NO.
9165 DESPITE THE PROSECUTION'S FAILURE TO
PRESERVE THE CHAIN OF CUSTODY OF THE
SUBJECT DANGEROUS DRUG.
29
See People v. Armando Compacion, G.R. No. 124442. July 20, 2001.
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“Q: You said you saw them. How did you see them inside the
house?
A: We went inside the house at that time.
Q: Whose house was that?
A: We do not know the owner of the house, sir. The house does
not exist anymore.
Q: No, I am asking whose house was that?
A: At that time, only a certain Bebe, the owner of the house.
Q: How did you see them inside the house?
A: We went inside the house, sir.
Q: You went inside the house?
A: Yes, sir.
Q: Why did you go inside the house? Were they doing
something in violation of the law?
A: Based on the report, they were engaged in repacking and
when we entered at the house, we saw and recovered three
(3) candles, I could remember.”31 (Emphasis supplied)
xxx xxx xxx
“COURT:
Q: You could visibly see the persons inside the house while
you were outside?
A: No your honor because at that time, Andy Quicho was
hurrying to go down from the hut.
xxx xxx xxx
“Q: When you were at the vicinity of the house you said that you
saw through the shattered bamboo wall, what were they
doing?
A: I could not visibly see but there were persons inside the
house.
Q: So, you did not see the persons who were inside the
house or what they were doing?
A: When we were still at the outside.
Q: And it was only through text message given to PI Somine
that you assumed that the persons inside were
repacking shabu?
30
See George Antiquera v. People, G.R. No. 180661. December 11, 2013.
31
Transcript of Stenographic Notes dated June 13, 2011, pp. 4-5
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32
Transcript of Stenographic Notes dated June 13, 2011, p. 14
33
Transcript of Stenographic Notes dated September 27, 2010, p. 9
34
Transcript of Stenographic Notes dated August 17, 2011, p. 14
35
People v. Abe Valdez, G.R. No. 129296. September 25, 2000; People v. Arnold Martinez, G.R.
No. 191366. December 13, 2010.
36
People v. Arnold Martinez, G.R. No. 191366. December 13, 2010.
37
People v. Roel Encinada, G.R. No. 116720. October 2, 1997.
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38
People v. Abe Valdez, G.R. No. 129296. September 25, 2000.
39
People v. Arnold Martinez, G.R. No. 191366. December 13, 2010.
40
Transcript of Stenographic Notes dated September 27, 2010, p. 8
41
Transcript of Stenographic Notes dated June 13, 2011, p. 13
42
People v. Samin Zakaria, G.R. No. 181042. November 26, 2012.
43
People v. Jose Alex Secreto, G.R. No. 198115. February 22, 2013.
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53
G.R. No. 198115. February 27, 2013 citing People v. Joel Ancheta, G.R. No. 197371. June
13, 2012.
54
G.R. No. 186455. November 19, 2014.
55
G.R. No. 179029. August 9, 2010, citing People v. Morales, G.R. No. 172873, March 19,
2010; People v. Garcia, G.R. No. 173480, February 25, 2009, 580 SCRA 259, 266; Bondad,
Jr. v. People, G.R. No. 173804, December 10, 2008, 573 SCRA 497.
56
G.R. No. 200877. November 12, 2014.
57
G.R. No. 180508. September 4, 2009.
58
People v. Joel Ancheta, et al. G.R. No. 197371. June 13, 2012.
59
People v. Roberto Martin, G.R. No. 193234. October 19, 2011.
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60
People v. Beverly Alagarme, G.R. No. 184789. February 23, 2015.
61
People v. Freddy Salonga, G.R. No. 194948. September 2, 2013.
62
People v. Sammy Umipang, G.R. No. 190321. April 25, 2012.
63
Transcript of Stenographic Notes dated June 13, 2011, p. 14
64
Transcript of Stenographic Notes dated August 17, 2011, p. 15
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65
People v. Arnel Navarrete, G.R. No. 185211. June 6, 2011.
66
People v. Sonny Sabdula, G.R. No. 184758. April 21, 2014.
67
People v. Rogelia Jardinel Pepino-Consulta, G.R. No. 191071. August 28, 2013.
68
As per CAMIS Verification, it appears that accused-appellant Andy Quicho has another case
pending before this Court docketed as CA-G.R. CR-H.C. No. 07405, which is an appeal from
Criminal Case No. U-17714 for Violation of Section 5 of Republic Act No. 9165.
CA-G.R. CR. NO. 37092
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SO ORDERED.
(signed)
REMEDIOS A. SALAZAR-FERNANDO
Associate Justice
Chairperson
WE CONCUR:
(signed)
PRISCILLA J. BALTAZAR-PADILLA
Associate Justice
(signed)
SOCORRO B. INTING
Associate Justice
CERTIFICATION
(signed)
REMEDIOS A. SALAZAR-FERNANDO
Associate Justice
Chairperson, Second Division
bcs**