5) PEOPLE VS.

MORILLA examination, the sacks were likewise found to

contain methamphetamine hydrochloride.
Conspiracy, transportation and proper penalty
to be imposed for violation of RA 9165
FACTS: CRIME CHARGED: Illegal transportation of
Methamphetamine Hydrochloride or "shabu"
- On October 13, 2001, the Starex van driven by
with an approximate weight of 503.68 kilos
Mayor Mitra (incumbent mayor of the
municipality of Panukulan, Quezon Province) - Mayor Mitra, Morilla, Willie Yang and Ruel
and the ambulance van driven by Morilla, left Dequilla (passengers of the ambulance) were all
Infanta, Quezon en route to Manila. charged with the illegal transporation of
Methamphetamine hydrochloride.
- The starex van which was ahead of the
ambulance was able to pass the checkpoint set RTC RULING: Morilla and Mayor Mitra guilty
up by the police officers. However, the of the crime charged; Acquitted Ruel and Willie
ambulance was stopped by the police officers. for failure of prosecution to establish their guilt
beyond reasonable doubt.
- Through the window, one of the police officers
noticed several sacks inside the van and asked CA RULING: Affirmed
Morilla about the contents of the sacks.
ISSUE: Whether or not the prosecution was able
- Morilla said that the sacks contained narra to prove Morillas culpability as alleged in the
wooden tiles. Unconvinced, police officers information
requested Morilla to open the rear door of the
RULING:
car for inspection. The officers noticed that the
white crystalline granules were scattered on the Yes, the prosecution was able to prove is
floor. culpability.
- Officers requested Morilla to open the sacks. - Morillas right on questioning the validity of
At this moment, Morilla told the police officers the information as it lacks allegation of
that he was with Mayor Mitra in an attempt to conspiracy is waive for failure to raise it while
persuade them to let him pass. under trial as a motion to quash.
- His request was rejected by the police officers - A conspiracy exists when two or more persons
and upon further inspection, they found out that come to an agreement concerning the
the contents of the sacks turned out to be sacks commission of a felony and decide to commit it.
of methamphetamine hydrochloride. To determine conspiracy, there must be a
common design to commit a felony.
- Because of this, the operatives also chased the
starex van of Mayor Mitra. The police officers - In conspiracy, it need not be shown that the
were able to stop the van driven by Mayor parties actually came together and agreed in
Mitra. express terms to enter into and pursue a common
design. The assent of the minds may be and,
- On plain view, the operatives noticed that his
from the secrecy of the crime, usually inferred
van was also loaded with sacks like the ones
from proof of facts and circumstances which,
found in the ambulance. The officers asked
taken together, indicate that they are parts of
Mayor Mitra to open the door of the vehicle for
some complete whole.
inspection.
- In this case, the totality of the factual
- At this instance, Mayor Mitra offered to settle
circumstances leads to a conclusion that Morilla
the matter but he was also rejected. Upon
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.
 - 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
6) PEOPLE VS. ROLANDO LAYLO 0.02 grams of shabu.
Attempted sale of illegal drugs punished under DEFENSE:
sec. 26 of RA 9165 or the Comprehensive
Dangerous Drugs Act of 2002 - Laylo testified that while he and his common-
law wife, Ritwal, were walking on the street,
FACTS: two men grabbed them. The two men, who they
PROSECUTION: later identified as PO1 Reyes and PO1 Pastor,
dragged them to their house.
- In the afternoon of December 17, 2005, PO1
Reyes and PO1 Pastor, both wearing civilian - Once inside, the police officers placed two
clothes, were conducting anti-drug surveillance plastic sachets in each of their pockets.
operations at Lozana Street, Binangonan Rizal. Afterwards, they were brought to the police
station where, despite protests and claims that
- While the police officers were in front of a the drugs were planted on them, they were
sari-sari stor at around 5:40 pm, Laylo and his arrested and charged.
live-in partner, Ritwal, approached them and
asked if they want to buy shabu. - To corroborate Laylo's testimony, the defense
presented Laylo's three neigbors:
- PO1 Reyes asked "Bakit mayroon ka ba?",
upon hearing this, Laylo brought out two plastic (a) Marlon de Leon - close friend of the
bags containing shabu and told the police couple, testified that he saw men, whom de Leon
officers, "Dos (P200.00) ang isa" identified as assets, holding the couple and
claimed that he saw one of them put something,
- Afterwards, The Police officers introduced which he described as plastic, in the left side of
themselves as cops. Laylos jacket.
- PO1 Reyes immediately arrested Laylo. (b) Rodrigo Panaon, Jr. (Panaon)
Ritwal, on the other, tried to get away but PO1 narrated that the the three men arrested Laylo
Pastor caught up with her. while the latter shouted, Mga kapitbahay,
tulungan ninyo kami, kamiy dinadampot. Then
-PO1 Pastor found another sachet of shabu in a
Panaon saw someone place something inside the
SIM card case which Ritwal was carrying.
jacket of Laylo as he heard Laylo say, Wala
- PO1 Reyes and PO1 Pastor marked the three kayong makukuha dito.
plastic sachets of shabu recovered from Laylo
(c) Teresita Marquez (Marquez) testified
and Ritwal and forwarded them to the PNP
that at around 9:00 in the evening, Ritwals
Crime Laboratory for forensic testing.
daughter visited her and borrowed money for
- Forensic Chemist Police Inspector Yehla C. Laylo and Ritwals release. Marquez then
Manaog conducted the laboratory examination accompanied Ritwals daughter to the municipal
on the specimens submitted and found the hall, where a man demanded P40,000.00 for the
recovered items positive for methylamphetamine couples release.
hydrochloride or shabu, a dangerous drug.
CRIME CHARGED: Rolando Laylo is
charged for the violation of Sec. 26 of RA 9165
or the attempted sale of shabu while his wife - Thus, the sale was not consummated but
Melitona Ritwal is charged for the violation of merely attempted. Thus, appellant was charged
Sec. 11 of RA 9165 or illegal possession. with attempted sale of dangerous drugs.
However Ritwal jumped bail and was tried in
- Here, Laylo intended to sell shabu and
absentia.
commenced by overt acts the commission of the
RTC RULING: guilty as charged intended crime by showing the substance to PO1
Reyes and PO1 Pastor.
- The sale was aborted when the police officers
CA RULING: Affirmed
identified themselves and placed appellant and
ISSUE: Whether or not prosecution failed to Ritwal under arrest.
establish his guilt beyond reasonable doubt
- From the testimonies of the witnesses, the
RULING: prosecution was able to establish that there was
an attempt to sell shabu. In addition, the plastic
No, prosecution did not fail to establish his guilt sachets were presented in court as evidence of
beyond reasonable doubt. Appellant was corpus delicti.
correctly found to be guilty of violating Section
26(b), Article II of RA 9165. - Thus, the elements of the crime charged were
sufficiently established by evidence.
The elements necessary for the prosecution of
illegal sale of drugs are as follows: SC RULING: Affirmed

(1) The identity of the buyer and seller

(2) The delivery of the thing sold and the ADDITIONAL INFORMATION:
payment
The sale was interrupted when the police
officers introduced themselves as cops and
- In the case at bar, from the testimonies given, immediately arrested appellant and his live-in
PO1 Reyes and PO1 Pastor testified that they
partner Ritwal. Thus, the sale was not
were the poseur-buyers in the sale.
consummated but merely attempted. Thus,
- Both positively identified appellant Laylo as
the seller of the substance contained in plastic appellant was charged with attempted sale of
sachets which were found to be positive for dangerous drugs. Section 26(b), Article II of RA
shabu. 9165 provides:
- The same plastic sachets were likewise
Section 26. Attempt or
identified by the prosecution witnesses when
Conspiracy. Any attempt or
presented in court. Even the consideration of conspiracy to commit the
P200.00 for each sachet had been made known following unlawful acts shall be
by appellant to the police officers. penalized by the same penalty
prescribed for the commission
- However, the sale was interrupted when the
of the same as provided under
police officers introduced themselves as cops
this Act:
and immediately arrested appellant and his live- xxx
in partner Ritwal. (b) Sale, trading, administration,
dispensation, delivery,
distribution and transportation
of any dangerous drug and/or
controlled precursor and
essential chemical;