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Republic of the Philippines

SUPREME COURT
Manila

FIRST DIVISION

G.R. No. 174369               June 20, 2012

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,

vs.
ZAFRA MARAORAO y MACABALANG, Accused-Appellant.

DECISION

VILLARAMA, JR., J.:

Before us is an appeal from the March 1, 2006 Decision of the Court of Appeals (CA), which affirmed the Dec
1 

Regional Trial Court (RTC) of Manila, Branch 35, convicting appellant Zafra Maraorao y Macabalang of violat
Article III of Republic Act (R.A.) No. 6425, otherwise known as The Dangerous Drugs Act of 1972, as amende

Appellant was charged under an Information dated January 4, 2001 filed before the RTC of Manila as follows
3 

That on or about November 30, 2000, in the City of Manila, Philippines, the said accused, without being autho
possess or use regulated drug, did then and there willfully, unlawfully and knowingly have in his possession a
custody and control one (1) transparent plastic sachet containing ONE THOUSAND TWO HUNDRED EIGHT
EIGHT ONE (1,280.081) grams of white crystalline substance known as "shabu" containing methylamphetam
regulated drug, without the corresponding license or prescription thereof.

Contrary to law.

On March 19, 2001, appellant, assisted by counsel, pleaded not guilty to the offense charged against him. Tr
4 

ensued.

For the prosecution, PO3 Manuel Vigilla testified that on November 29, 2000, they received reliable informatio
No. 8 of the Western Police District (WPD) that an undetermined amount of shabu will be delivered inside the
Quiapo in the early morning of the following day. On November 30, 2000, at around 7:00 a.m., he and PO2 M
PO1 Joseph dela Cruz, and SPO1 Norman Gamit went to the Islamic Center. While walking along Rawatun S
they saw two men talking to each other. Upon noticing them, one ran away. PO2 Abella and PO1 Dela Cruz c
failed to apprehend him. 5

Meanwhile, the man who was left behind dropped a maroon bag on the pavement. He was about to run when
him, while SPO1 Gamit picked up the maroon bag. The man was later identified as appellant Zafra Maraorao
police examined the contents of the bag and saw a transparent plastic bag containing white crystalline substa
suspected to be shabu. At the police station, the investigator marked the plastic sachet "ZM-1" in the presenc
officers. 6

The specimen was then forwarded to the PNP Crime Laboratory for laboratory chemical analysis. When exam
Chemist P/Insp. Miladenia O. Tapan, the 1,280.081 grams of white crystalline substance gave a positive resu
methylamphetamine hydrochloride, a regulated drug. Her findings are contained in Chemistry Report No. D-1

In his defense, appellant testified that on November 30, 2000, at around 7:00 a.m., he was going to the place
Gani, at the Islamic Center to get a letter from his mother. He went there early because he had to report for w
in Manila at 8:00 a.m. On his way, an unidentified man carrying a bag asked him about a house number whic
He stopped walking to talk to the man, who placed his bag down and asked him again. When they turned aro
men in civilian attire walking briskly. He only found out that they were police officers when they chased the ma
As the man ran away, the man dropped his bag. Appellant averred that he did not run because he was not aw
inside the bag. 8

Appellant further narrated that the police arrested him and asked who the owner of the bag was. He replied th
to him but to the man who ran away. They made him board a bus-type vehicle and brought him to the police s
Manila where he was referred to a desk sergeant. The desk sergeant asked him whether the bag was recove
he replied that he had no knowledge about that bag. He was not assisted by counsel during the investigation.
incarcerated in a small cell for about ten days before he was brought to Manila City Jail. At the Office of the C
met his lawyer for the first time. 9

On September 25, 2001, the trial court rendered a decision, the fallo of which reads:

WHEREFORE, judgment is rendered pronouncing accused ZAFRA MARAORAO y MACABALANG guilty bey
doubt of possession of 1,280.081 grams of methylamphetamine hydrochloride without license or prescription,
Section 16 in relation to Section 20 of Republic Act No. 6425, as amended, and sentencing said accused to r
perpetua and to pay a fine of P5,000,000.00, plus the costs.

In the service of his sentence, the full time during which the accused has been under preventive imprisonmen
in his favor provided that he had agreed voluntarily in writing to abide with the same disciplinary rules impose
prisoner. Otherwise, he should be credited with four-fifths (4/5) only of the time he had been under preventive

Exhibit B, which consists of 1,280.081 grams of methylamphetamine hydrochloride, is confiscated and forfeite
Government. Within ten (10) days following the promulgation of this judgment, the Branch Clerk of this Court,
over, under proper receipt, the regulated drug involved in this case to the Dangerous Drugs Custodian, Nation
Investigation, as appointed by the Dangerous Drugs Board, for appropriate disposition.

SO ORDERED. 10

Aggrieved, appellant filed a Notice of Appeal. The entire records of the case were elevated to this Court. Pur
11 

Decision in People v. Mateo, however, the case was transferred to the CA for appropriate action and disposit
12 

At the CA, appellant raised the following assignment of errors:

THE TRIAL COURT GRAVELY ERRED IN GIVING CREDENCE TO THE FABRICATED AND
TESTIMONY OF THE STAR PROSECUTION WITNESS.

II

THE TRIAL COURT GRAVELY ERRED IN DISREGARDING THE ACCUSED'S DEFENSE O

On March 1, 2006, the CA rendered the assailed Decision, to wit:

WHEREFORE, premises considered, the appeal is DENIED for lack of merit. The Decision dated 25 Septemb
Regional Trial Court of Manila, Branch 35 in Crim. Case No. 01-188945 is hereby AFFIRMED. Costs against

SO ORDERED. 14
In affirming the RTC Decision, the CA held that there was no showing that the trial court overlooked, misunde
misapplied a fact or circumstance of weight and substance which would have affected the case. It gave crede
testimony of PO3 Vigilla and found appellant's defense of denial inherently weak. Furthermore, the CA held th
lawfully searched as a consequence of his valid warrantless arrest.

Hence, this present recourse.

In his Supplemental Brief, appellant stresses that PO3 Vigilla testified that when they first saw appellant, he w
15 

certain person. It was appellant’s companion who scampered away upon seeing the police. PO3 Vigilla furthe
appellant tried to flee but they were able to arrest him before he could do so. Appellant argues that his alleged
does not constitute a crime that should have prompted the police to arrest him. Since his arrest was illegal, he
subsequent search made by the police was likewise illegal, and the shabu supposedly recovered from him is
evidence.

The appeal is meritorious.

We have repeatedly held that the trial court’s evaluation of the credibility of witnesses and their testimonies is
respect and will not be disturbed on appeal. However, this is not a hard and fast rule. We have reviewed such
when there is a showing that the trial judge overlooked, misunderstood, or misapplied some fact or circumsta
substance that would have affected the case. 16

It is well-settled that an appeal in a criminal case opens the whole case for review. This Court is clothed with a
review matters, even those not raised on appeal, if we find them necessary in arriving at a just disposition of t
circumstance in favor of the accused shall be considered. This is in keeping with the constitutional mandate th
shall be presumed innocent unless his guilt is proven beyond reasonable doubt. 17

Now, in order to convict appellant for illegal possession of a dangerous drug, or the shabu in this case, the pr
must prove beyond reasonable doubt the following elements: (1) the appellant was in possession of an item o
identified to be a prohibited or dangerous drug; (2) such possession was not authorized by law; and (3) the ap
consciously possessed the drug. In this case, the fact of possession by appellant of the bag containing the sh
18 

established in the first place.

A careful perusal of the testimony of PO3 Vigilla reveals a glaring discrepancy which both the trial and the app
overlooked. In their Joint Affidavit, arresting officers PO3 Vigilla, PO2 Abella, PO1 dela Cruz and SPO1 Gam
19 

spotted two unidentified persons standing and seemingly conversing a few meters ahead of them. "However,
noticed our presence, he hastily r[a]n away heading towards the Muslim Center leaving behind the other pers
colored bag with ‘Adidas’ marking in the pavement." In other words, the maroon bag was left behind by the m
But at the trial, PO3 Vigilla testified during direct examination that they spotted two persons talking to each oth
noticing them, "one of them scampered away and was chased by my companions while the other one droppe
sir." Presumably, under his testimony, the bag was now held by the one who did not run away. Later, in anot
20 

testimony, he again changed this material fact. When he was asked by Prosecutor Senados as to who betwe
they saw talking to each other ran away, PO3 Vigilla categorically answered, "[t]he one who is holding a bag,
inconsistency leaves much to be desired about the credibility of the prosecution’s principal witness and casts
as to appellant’s guilt for it renders questionable whether he in fact held the bag with intention to possess it an

In every criminal prosecution, the State must prove beyond reasonable doubt all the elements of the crime ch
complicity or participation of the accused. While a lone witness’ testimony is sufficient to convict an accused
22 

the testimony must be clear, consistent, and credible—qualities we cannot ascribe to this case. Jurisprudence
for testimonial evidence to be believed, it must both come from a credible witness and be credible in itself – te
experience, observation, common knowledge and accepted conduct that has evolved through the years. Cle 23 

foregoing, the prosecution failed to establish by proof beyond reasonable doubt that appellant was indeed in p
of shabu, and that he freely and consciously possessed the same.

The presumption of innocence of an accused in a criminal case is a basic constitutional principle, fleshed out
which place on the prosecution the burden of proving that an accused is guilty of the offense charged by proo
reasonable doubt. Corollary thereto, conviction must rest on the strength of the prosecution’s evidence and no
of the defense. In this case, the prosecution’s evidence failed to overcome the presumption of innocence, an
24 

entitled to an acquittal.

Indeed, suspicion no matter how strong must never sway judgment.  Where there is reasonable doubt, the ac
1âwphi1

acquitted even though their innocence may not have been established. The Constitution presumes a person i
proven guilty by proof beyond reasonable doubt. When guilt is not proven with moral certainty, it has been ou
standing that the presumption of innocence must be favored, and exoneration granted as a matter of right. 25

WHEREFORE, the Decision dated March 1, 2006 of the Court of Appeals in CA-G.R. CR-H.C. No. 01600 is R
SET ASIDE, and appellant Zafra Maraorao y Macabalang is hereby ACQUITTED of the offense charged.

The Director of the Bureau of Corrections is directed to cause the immediate release of appellant, unless the
lawfully held for other cause/s; and to inform the Court of the date of his release, or the reasons for his confin
(5) days from notice.

With costs de oficio.

SO ORDERED.

MARTIN S. VILLARAMA, JR.

Associate Justice

WE CONCUR:

TERESITA J. LEONARDO-DE CASTRO*

Associate Justice
Acting Chairperson

MARIANO C. DEL CASTILLO JOSE PORTUGAL PEREZ**

Associate Justice Associate Justice
ESTELA M. PERLAS-BERNABE***
Associate Justice

ATTESTATION

I attest that the conclusions in the above Decision had been reached in consultation before the case was assi
the opinion of the Court’s Division.

TERESITA J. LEONARDO-DE CASTRO

Associate Justice
Acting Chairperson

CERTIFICATION

I certify that the conclusions in the above Decision had been reached in consultation before the case was ass
of the opinion of the Court.

ANTONIO T. CARPIO
Senior Associate Justice
(Per Section 12, R.A. 296, The Judiciary Act of 1948, as amended)

Footnotes

* Designated Acting Chairperson of the First Division per Special Order No. 1226 dated May 3

** Designated Additional Member of the First Division per Raffle dated June 11, 2012.

*** Designated Acting Member of the First Division per Special Order No. 1227 dated May 30,

Rollo, pp. 3-30. Penned by Associate Justice Celia C. Librea-Leagogo with Associate Justice
1 

Dacudao and Lucas P. Bersamin (now a member of this Court) concurring. The assailed decis
 in CA-G.R. CR-H.C. No. 01600.

CA rollo, pp. 10-15. Penned by Judge Ramon P. Makasiar.

2 

Records, pp. 1-2.

3 

Id. at 29.
4 

TSN, April 26, 2001, pp. 5-9.

5 

Id. at 9-18.
6 

Records, p. 11.
7 

TSN, July 25, 2001, pp. 3-8.

8 

Id. at 9-20.
9 

10 
CA rollo, pp. 14-15.

11 
Id. at 16.

12 
G.R. Nos. 147678-87, July 7, 2004, 433 SCRA 640.

13 
CA rollo, p. 45.

14 
Rollo, p. 28.

15 
Id. at 45-49.

See Valdez v. People, G.R. No. 170180, November 23, 2007, 538 SCRA 611, 621-622; Peo
16 

Nos. 136066-67, February 4, 2003, 396 SCRA 657, 664.

17 
People v. Chua, id.

18 
People v. Naquita, G.R. No. 180511, July 28, 2008, 560 SCRA 430, 451.

19 
Records, p. 9.

20 
TSN, April 26, 2001, p. 8. Emphasis supplied.

21 
Id. at 9.

22 
People v. Limpangog, 444 Phil. 691, 693 (2003).

23 
People v. Mirandilla, Jr., G.R. No. 186417, July 27, 2011, 654 SCRA 761, 769.

24 
People v. Lorenzo, G.R. No. 184760, April 23, 2010, 619 SCRA 389, 399.

25 
Fernandez v. People, G.R. No. 138503, September 28, 2000, 341 SCRA 277, 299.

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