Professional Documents
Culture Documents
*
G.R. Nos. 129756-58. January 28, 2000.
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* FIRST DIVISION.
755
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757
That on or about the 5th day of April, 1995, in the City of Makati,
Metro Manila, Philippines and within the jurisdiction of this
Honorable Court, the above-named accused, conspiring and
confederating together and all of them mutually helping and aiding
one another, without being authorized by law, did then and there
willfully, unlawfully and feloniously sell, distribute and transport
3.3143 kilograms of „HASHISH,‰ a prohibited drug, in violation of
2
the above-cited law.
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758
That on or about the 5th day of April, 1995, in the City of Makati,
Metro Manila, Philippines and within the jurisdiction of this
Honorable Court, the above-named accused did then and there
willfully, unlawfully and feloniously have in his possession, direct
custody and control one (1) pc. of cal. .45 pistol, government model
with Serial No. 990255, with magazine containing 7 live ammos
and two (2) more magazines for cal. .45 pistol containing 7 live
ammos each, without first securing the necessary license or permit
from the proper government authorities and which firearm and
3
ammunitions he carried outside of his residence.
That on or about the 5th day of April, 1995, in the City of Makati,
Metro Manila, Philippines and within the jurisdiction of this
Honorable Court, the above-named accused, did then and there
willfully, unlawfully and feloniously have in his possession, direct
custody and control One (1) pc. of rifle carbine with Serial No.
7176644 with a banana type magazine loaded with 28 live
ammuni-tions without first securing the necessary license or permit
from the proper government authorities and which firearms and
4
ammuni-tions he carried outside of his residence.
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Pangani-ban.
759
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midnight,
12
they stopped a Kia Pride car with Plate No. TBH
493. PO3 Suba saw a long firearm on the lap of the person
seated at the passenger seat, who was later identified as
Virgilio Usana. They asked the driver, identified as Escaño,
to open the door. PO3
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6 Rollo, 109.
7 Id., 112.
8 OR, Vol. II, 99.
9 Id., 101.
10 TSN, 6 July 1995, 56.
11 TSN, 6 July 1995, 55.
12 Id., 63; OR, 140-142.
760
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13 Id., 64-68.
14 TSN, 13 July 1995, 79.
15 Id., 12, 80.
16 Id., 14-15, 81-82.
17 Id., 16.
18 Id., 18.
19 TSN, 6 July 1995, 17-19; 24-25. See also Exhibit „C.‰
20 OR, 240; Exhibit „Q.‰
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25
his car, and again was surprised to see its trunk open.
On the other hand, Lopez had a different story. He
claimed he was the26mechanic of Usana and they lived in the
same subdivision. On 4 April 1995, he was working on
UsanaÊs pick-up truck at the latterÊs house when Escaño
dropped by at around 4:30 in the afternoon27 looking for
Usana who was then working in Forbes Park. At around
5:30 p.m., they left UsanaÊs house in EscañoÊs metallic gray
Kia Pride. Inside the car, he saw a .45 caliber pistol and two
spare magazines tucked in the right side and left side of
EscañoÊs waist. He also saw a carbine under the right
passenger seat. When he inquired about the guns, Escaño
replied that such did not pose any problem since they were
licensed. Before going
28
to Usana, they went to Pasay City to
see a certain Jerry. They met Usana at the Sen. Gil Puyat
Station of the LRT at around 9:00 p.m. He gave his seat to
Usana but was 29unaware if the latter noticed the rifle
beneath the seat.
They went home via Sen. Gil Puyat Avenue but were
stopped at a checkpoint after crossing SLEX. The policemen
directed their flashlights
30
at them and one opened the front
passenger door. The latter saw the rifle under UsanaÊs
seat.
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763
Usana and Escaño were ordered to get out of the car. PO3
Nonato immediately saw the gun tucked in EscañoÊs waist
and asked if he was a policeman. Escaño replied that
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31 Id., 17-20.
32 Id., 20-22.
33 Id., 22-27.
34 TSN, 24 October 1996, 27-30.
35 TSN, 5 November 1996, 4, 9, 11; Exhibit 4.
36 Id., 14-15.
764
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44 Per R.A. No. 8294, amending P.D. 1866, the penalty for violation of
the second paragraph of Section 1 therefor has been reduced to prision
mayor in its minimum period and a fine of P30,000.
45 Rollo, 61-62.
767
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768
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when they searched the car. There was no apparent
objection made by Escaño as he seemed to have freely
accompanied the police officers to the car. PO3 Suba, on the
other hand, testified that „Escaño readily agreed
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to open the
trunk,‰ upon request of SPO4 de los Santos. But according
to Escaño, he 54refused the request of the police officers to
search his car. We must give credence to the testimony of
PO3 Suba. Not only is it buttressed by the testimony of
Usana and Lopez that Escaño freely accompanied the police
officers to the ear, it is also deemed admitted by Escaño in
failing to appeal the decision. The findings of fact of the trial
court are thus deemed final as against him.
Despite the validity of the search, we cannot affirm the
conviction of Usana and Lopez for violation of R.A. No.
6425, as amended. The following facts militate against a
finding of conviction: (1) the car belonged to Escaño; (2) the
trunk of the car was not opened soon after it was stopped
and after the accused were searched for firearms; (3) the car
was driven by a policeman from the place where it was
stopped until the police station; (4) the carÊs trunk was
opened, with the permission of Escaño, without the presence
of Usana and Lopez; and (5) after arrival at the police
station and until the opening of the carÊs trunk, the car was
in the possession and control of the police authorities. No
fact was adduced to link Usana and Lopez to the hashish
found in the trunk of the car. Their having been with
Escaño in the latterÊs car before the „finding‰ of the hashish
sometime after the lapse of an appreciable time and without
their presence left much to be desired to implicate them to
the offense of selling, distributing, or
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770
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