People v.

Wong Chuen Ming

April 12, 1996 | Padilla, J. | Appeal | Confessions

PLAINTIFF-APPELLEE: People of the Philippines

ACCUSED: Wong Chuen Ming, Au Wing Cheung, Tan Soi Tee, Lim Chan Fatt, Chin Kok Wee, Chin Kin Yong, Yap Boon Ah,
Chin Kong Song, Chin Kin Fah, Chai Min Hua, and Lim Nyuk Sun
ACCUSED-APPELLANTS: Wong Chuen Ming and Au Wing Cheung
SUMMARY: The accused (Malaysians) and the accused-appellants (HK nationals) arrived in Manila from HK. Customs officials
at the airport found that their luggages contained boxes of Alpen Cereals the contents of which were found to be shabu. The boxes
were binded by masking tape and all eleven accused were asked to sign thereon. They did not have cunsel present at that time. They
were arrested and brought to Camp Crame where they were asked to sign again on the plastic bags. The accused were not informed
of their Miranda Rights from the moment they were inspected until they were asked to sign the plastic bags. RTC found the accused
guilty of unlawfully transporting shabu in the counry. The SC acquitted the appellants on the ground that the signatures are
inadmissible in evidence fro having been procured in violation of the accuseds Miranda Rights. These signatures were treated as
extra-judicial confessions which were uncounseled.
DOCTRINE: See Ratio #2 for doctrine on Confessions

FACTS:
1. Both the accused-appellants (Hong Kong Nationals) and the other
accused (Malaysians) were charged of unlawfully transporting shabu
under the Dangerous Drugs Act of 1972.
2. All eleven accused (coming from HK) arrived in NAIA around
1pm on September 7, 1991. After claiming their baggage, they went
to the customs area where they were asked to have their luggages
inspected. Danilo Gomez, customs officer, examined their luggages.
He found three boxes of Alpen Cereals in the luggages of Chin Kong
Song, Wong Chuen Ming and Lim Nyuk Sun. He became suspicious
and opened one of the boxes. Inside the box was a plastic bag
containing crystalline substance.
3. A total of 30 boxes were found in possession of all accused. These
boxes were binded with masking tape and the customs officials at the
airport had the eleven accused sign thereon. Customs agents also had
the contents of all the boxes tested. The results show that the contents
were shabu with a total weight of 34.45 kg. They were arrested.
4. At Camp Crame, accused were asked to identify their signatures on
the boxes. They were again made to sign on the plastic bags inside
the boxes bearing their signatures. Another forensic investigation
confirmed that the contents were shabu.
5. As defense of the accused, Lim Chan Fatt testified that a certain
Ah Hong asked him to bring 30 boxes of cereals in the Philippines
and that the latter promised that a certain Ah Sing will get these
boxes. He added that Ah Hong even opened one of the boxes which
actually contained cereals. Also, Lim Chan Fatt testified that besides
Chin Kok Song and Lim Nyuk Sun with whom he gave 5 boxes each,
he did not know of the other accused. The defense used Lim Chan
Fatts testimony to establish that only the three were responsible for
bringing the boxes and even they were not liable for lack of
knowledge.
6. Chin Kok Song and Lim Nyuk Sun as well as the accused
appellants Wong Chuen Ming and Au Wing Cheung denied that their
luggages carried the boxes. They testified that they only affixed their
signatures because they were threatened. Au Wing Cheung, an
employee of Select Tours Intl., testified that he had no knowledge
that the group he was accompanying had shabu in their luggages.
Wong Chuen Ming, on the other hand, testified that he was not part
of the group and was just accommodated by Select Tours when his
original package tour was cancelled.
7. RTC found all accused guilty. Only Wong Chuen Ming and Au
wing Cheng appealed from the decision. The appellants argue that the
customs officers violated their Miranda Rights hence, the evidence
should have been excluded.
ISSUE/S:
WON the appellants Miranda Rights were violated hence the
shabu confiscated were inadmissible in evidence YES
RULING: RTC decision is REVERSED. The accused-
appellants are ACQUITTED based on reasonable doubt.
RATIO:
1. The signatures of the accused on the boxes and on the
plastic bags are inadmissible in evidence. They were not
informed of their Miranda rights. The prosecution witnesses
admitted upon cross-examination that did not inform of the
accused of these rights before asking them to sign the boxes
(also no counsel was present), before arresting them, and
before asking them to sign the plastic bags.
2. By affixing their signatures, the accused in effect made a
tacit admission of the crime charged. These signatures are
tantamount to an uncounselled extra-judicial confession.
They are, therefore, inadmissible as evidence. The
constitutional guarantees embodied in the Bill of Rights are
given and extend to all persons, both aliens and citizens.
3. The prosecution is left with the testimonies of its witnesses
to establish that all accused transported shabu. Only customs
examiner Danilo Gomez testified that all baggages contained
boxes of shabu. However, his testimony was not corroborated
by other prosecution witnesses. The presumption of regularity
in the performance of duties accorded to Gomez cannot, by
itself, prevail over the constitutional right of accused-
appellants to be presumed innocent.
4. Other Circumstances that militate agaist conviction: (1) No
conspiracy as the appellants are HK nationals and the others
are Malaysians; (2) Au Wing Cheung is an employee of Select
Tours; (3) Wong Chuen Ming was not originally part of the
group arranged by Select Tours; (4) Both appellants refused to
sign the plastic bags containing the shabu.