5) PEOPLE VS.
MORILLA examination, the sacks were likewise found to
Conspiracy, transportation and proper penalty
to be imposed for violation of RA 9165
FACTS:
- On October 13, 2001, the Starex van driven by
Mayor Mitra (incumbent mayor of the
municipality of Panukulan, Quezon Province)
and the ambulance van driven by Morilla, left
Infanta, Quezon en route to Manila.
- The starex van which was ahead of the
ambulance was able to pass the checkpoint set
up by the police officers. However, the
ambulance was stopped by the police officers.
- Through the window, one of the police officers
noticed several sacks inside the van and asked
Morilla about the contents of the sacks.
- Morilla said that the sacks contained narra
wooden tiles. Unconvinced, police officers
requested Morilla to open the rear door of the
car for inspection. The officers noticed that the
white crystalline granules were scattered on the
floor.
- Officers requested Morilla to open the sacks.
At this moment, Morilla told the police officers
that he was with Mayor Mitra in an attempt to
persuade them to let him pass.
- His request was rejected by the police officers
and upon further inspection, they found out that
the contents of the sacks turned out to be sacks
of methamphetamine hydrochloride.
- Because of this, the operatives also chased the
starex van of Mayor Mitra. The police officers
were able to stop the van driven by Mayor
Mitra.
- On plain view, the operatives noticed that his
van was also loaded with sacks like the ones
found in the ambulance. The officers asked
Mayor Mitra to open the door of the vehicle for
inspection.
- At this instance, Mayor Mitra offered to settle
the matter but he was also rejected. Upon
contain methamphetamine hydrochloride.
CRIME CHARGED: Illegal transportation of
Methamphetamine Hydrochloride or "shabu"
with an approximate weight of 503.68 kilos
- Mayor Mitra, Morilla, Willie Yang and Ruel
Dequilla (passengers of the ambulance) were all
charged with the illegal transporation of
Methamphetamine hydrochloride.
RTC RULING: Morilla and Mayor Mitra guilty
of the crime charged; Acquitted Ruel and Willie
for failure of prosecution to establish their guilt
beyond reasonable doubt.
CA RULING: Affirmed
ISSUE: Whether or not the prosecution was able
to prove Morillas culpability as alleged in the
information
RULING:
Yes, the prosecution was able to prove is
culpability.
- Morillas right on questioning the validity of
the information as it lacks allegation of
conspiracy is waive for failure to raise it while
under trial as a motion to quash.
- A conspiracy exists when two or more persons
come to an agreement concerning the
commission of a felony and decide to commit it.
To determine conspiracy, there must be a
common design to commit a felony.
- In conspiracy, it need not be shown that the
parties actually came together and agreed in
express terms to enter into and pursue a common
design. The assent of the minds may be and,
from the secrecy of the crime, usually inferred
from proof of facts and circumstances which,
taken together, indicate that they are parts of
some complete whole.
- In this case, the totality of the factual
circumstances leads to a conclusion that Morilla
conspired with Mayor Mitra in a common desire - From the foregoing, we sustain the imposed
to transport the dangerous drugs. Both vehicles penalty of fine of P10,000,00.00 to be paid by
loaded with several sacks of dangerous drugs, each of the accused but amend the penalty to
were on convoy from Quezon to Manila. Mayor reclusion perpetua following the provisions of
Mitra was able to drive through the checkpoint Republic Act No. 7659 and the principle of
set up by the police operatives. When it was retroactive application of lighter penalty.
Morillas turn to pass through the checkpoint, he Reclusion perpetua entails imprisonment for at
was requested to open the rear door for a least thirty (30) years after which the convict
routinary check. Noticing white granules becomes eligible for pardon. It also carries with
scattered on the floor, the police officers it accessory penalties, namely: perpetual special
requested Morilla to open the sacks. If indeed he disqualification, etc. Life imprisonment, on the
was not involved in conspiracy with Mayor other hand, does not appear to have any definite
Mitra, he would not have told the police officers extent or duration and carries no accessory
that he was with the mayor. penalties
- Here, Morilla and Mayor Mitra were caught in SC RULING: Affirmed with modification with
flagrante delicto in the act of transporting the respect to the penalty imposed as Reclusion
dangerous drugs on board their vehicles. Perpetua instead of Life Imprisonment and
"Transport" as used under the Dangerous Drugs payment of fine of P10 Million by each of the
Act means "to carry or convey from one place to accused.
another."
- It was well established during trial that Morilla
was driving the ambulance following the lead of
Mayor Mitra, who was driving a Starex van
going to Manila. The very act of transporting
methamphetamine hydrochloride is malum
prohibitum since it is punished as an offense
under a special law. The fact of transportation of
the sacks containing dangerous drugs need not
be accompanied by proof of criminal intent,
motive or knowledge.
- Originally, under Section 15 of Republic Act
No. 6425, the penalty for illegal transportation
of methamphetamine hydrochloride was
imprisonment ranging from six years and one
day to twelve years and a fine ranging from six
thousand to twelve thousand pesos. Pursuant to
Presidential Decree No. 1683, the penalty was
amended to life imprisonment to death and a
fine ranging from twenty to thirty thousand
pesos. The penalty was further amended in
Republic Act No. 7659, where the penalty was
changed to reclusion perpetua to death and a fine
ranging from five hundred thousand pesos to ten
million pesos.

6) PEOPLE VS. ROLANDO LAYLO
Attempted sale of illegal drugs punished under
sec. 26 of RA 9165 or the Comprehensive
Dangerous Drugs Act of 2002
FACTS:
PROSECUTION:
- In the afternoon of December 17, 2005, PO1
Reyes and PO1 Pastor, both wearing civilian
clothes, were conducting anti-drug surveillance
operations at Lozana Street, Binangonan Rizal.
- While the police officers were in front of a
sari-sari stor at around 5:40 pm, Laylo and his
live-in partner, Ritwal, approached them and
asked if they want to buy shabu.
- PO1 Reyes asked "Bakit mayroon ka ba?",
upon hearing this, Laylo brought out two plastic
bags containing shabu and told the police
officers, "Dos (P200.00) ang isa"
- Afterwards, The Police officers introduced
themselves as cops.
- PO1 Reyes immediately arrested Laylo.
Ritwal, on the other, tried to get away but PO1
Pastor caught up with her.
-PO1 Pastor found another sachet of shabu in a
SIM card case which Ritwal was carrying.
- PO1 Reyes and PO1 Pastor marked the three
plastic sachets of shabu recovered from Laylo
and Ritwal and forwarded them to the PNP
Crime Laboratory for forensic testing.
- Forensic Chemist Police Inspector Yehla C.
Manaog conducted the laboratory examination
on the specimens submitted and found the
recovered items positive for methylamphetamine
hydrochloride or shabu, a dangerous drug.
- The police officers charged Laylo for
attempted sale of illegal drugs and used the two
plastic sachets containing shabu as basis while
Ritwal was charged for possession of illegal
drugs using as basis the third sachet containing
0.02 grams of shabu.
DEFENSE:
- Laylo testified that while he and his common-
law wife, Ritwal, were walking on the street,
two men grabbed them. The two men, who they
later identified as PO1 Reyes and PO1 Pastor,
dragged them to their house.
- Once inside, the police officers placed two
plastic sachets in each of their pockets.
Afterwards, they were brought to the police
station where, despite protests and claims that
the drugs were planted on them, they were
arrested and charged.
- To corroborate Laylo's testimony, the defense
presented Laylo's three neigbors:
(a) Marlon de Leon - close friend of the
couple, testified that he saw men, whom de Leon
identified as assets, holding the couple and
claimed that he saw one of them put something,
which he described as plastic, in the left side of
Laylos jacket.
(b) Rodrigo Panaon, Jr. (Panaon)
narrated that the the three men arrested Laylo
while the latter shouted, Mga kapitbahay,
tulungan ninyo kami, kamiy dinadampot. Then
Panaon saw someone place something inside the
jacket of Laylo as he heard Laylo say, Wala
kayong makukuha dito.
(c) Teresita Marquez (Marquez) testified
that at around 9:00 in the evening, Ritwals
daughter visited her and borrowed money for
Laylo and Ritwals release. Marquez then
accompanied Ritwals daughter to the municipal
hall, where a man demanded P40,000.00 for the
couples release.
CRIME CHARGED: Rolando Laylo is
charged for the violation of Sec. 26 of RA 9165
or the attempted sale of shabu while his wife
Melitona Ritwal is charged for the violation of
Sec. 11 of RA 9165 or illegal possession.
However Ritwal jumped bail and was tried in
absentia.
RTC RULING: guilty as charged
CA RULING: Affirmed
ISSUE: Whether or not prosecution failed to
establish his guilt beyond reasonable doubt
RULING:
No, prosecution did not fail to establish his guilt
beyond reasonable doubt. Appellant was
correctly found to be guilty of violating Section
26(b), Article II of RA 9165.
The elements necessary for the prosecution of
illegal sale of drugs are as follows:
(1) The identity of the buyer and seller
(2) The delivery of the thing sold and the
payment
- In the case at bar, from the testimonies given,
PO1 Reyes and PO1 Pastor testified that they
were the poseur-buyers in the sale.
- Both positively identified appellant Laylo as
the seller of the substance contained in plastic
sachets which were found to be positive for
shabu.
- The same plastic sachets were likewise
identified by the prosecution witnesses when
presented in court. Even the consideration of
P200.00 for each sachet had been made known
by appellant to the police officers.
- However, the sale was interrupted when the
police officers introduced themselves as cops
and immediately arrested appellant and his live-
in partner Ritwal.
- Thus, the sale was not consummated but
merely attempted. Thus, appellant was charged
with attempted sale of dangerous drugs.
- Here, Laylo intended to sell shabu and
commenced by overt acts the commission of the
intended crime by showing the substance to PO1
Reyes and PO1 Pastor.
- The sale was aborted when the police officers
identified themselves and placed appellant and
Ritwal under arrest.
- From the testimonies of the witnesses, the
prosecution was able to establish that there was
an attempt to sell shabu. In addition, the plastic
sachets were presented in court as evidence of
corpus delicti.
- Thus, the elements of the crime charged were
sufficiently established by evidence.
SC RULING: Affirmed
ADDITIONAL INFORMATION:
The sale was interrupted when the police
officers introduced themselves as cops and
immediately arrested appellant and his live-in
partner Ritwal. Thus, the sale was not
consummated but merely attempted. Thus,
appellant was charged with attempted sale of
dangerous drugs. Section 26(b), Article II of RA
9165 provides:
Section 26. Attempt or
Conspiracy. Any attempt or
conspiracy to commit the
following unlawful acts shall be
penalized by the same penalty
prescribed for the commission
of the same as provided under
this Act:
xxx
(b) Sale, trading, administration,
dispensation, delivery,
distribution and transportation
of any dangerous drug and/or
controlled precursor and
essential chemical;