SC reverses conviction of two in 119-kilo drug case

The Supreme Court has reversed the conviction of two persons who have been found guilty in 2014 over the possession of over 119 kilos of the shabu in 2003.

In a 35-page decision promulgated on February 21 but uploaded on the Court's website on June 30, the Supreme Court en banc reversed the decision of the Court of Appeals and acquitted Robert Uy, and James Go Ong alias Willie Gan.

In the ruling, the magistrates said "it is truly regrettable that the Court must acquit accused-appellant in the instant case and extend such acquittal to Willie Gan."

"The law enforcement agents and the prosecution must exercise more prudence and care in their compliance with the requirements of Sec. 21 of R.A. No. 9165 (Comprehensive Dangerous Drugs Act of 2002)," they added.

A regional trial court in 2014 meted a life sentence on Uy over the alleged distribution of over nine kilos of shabu. He and Gan were sentenced to up to 14 years in prison over the alleged possession of over 119 kilos of the same.

The CA in 2019 upheld the regional trial court's decision which found the two guilty.

“The Director General of the Bureau of Corrections, Muntinlupa City is ordered to immediately release Robert Uy y Ting and Willie Gan from detention, unless they are being lawfully held in custody for any other reason, and to inform the Court of the action hereon within five days from receipt of this Decision,” it said.

The case stemmed from the November 2003 arrest of six alleged members of a drug syndicate for the delivery of 9,384 grams of shabu and alleged possession of 119.080 kilograms of shabu and 111.200 kilograms of chloromethamphetamine hydrochloride.

According to the Court, the prosecution failed to prove the element of possession.

“It failed to prove that accused-appellant had possession, either actual or constructive, of the items seized from the warehouse during the November 11, 2003 incident,” the Court said.

The Court further said that there was no evidence that Uy had constructive possession over the warehouse and its contents.

“It must be emphasized that the lessee of the warehouse was Willie Gan,” the Court said.

“The purported knowledge ascribed to accused-appellant by the CA cannot, and does not, equate to constructive possession,” it added.

The Court said there was a lack of evidence that the arresting officers complied with the mandatory requirements of the Comprehensive Dangerous Drugs Act of 2002.

“In the instant case, despite large or substantial amounts of dangerous drugs being involved, the Court must acquit accused-appellant due to the failure of the law enforcement agents to comply with the mandatory requirements,” it said.

According to the Court, there are also material gaps in the links of the chain of custody for the items seized on November 10 and November 11, 2003.

The Court noted that another officer apart from the seizing officer marked the carton box and five plastic bags which contained the drugs. It said that there was also no inventory receipt provided.

“While photographs of the carton box and the five plastic bags of shabu were offered in evidence, it is unclear if these photograps were taken at the place of seizure or, if not applicable, at the nearest police station or at the nearest office of the apprehending officer/ team,” the Court said.

“All told, the police officers did not even attempt to comply with the requirements of Section 21 of RA No. 9165,” it added.

The Court said that the investigating officer was also not identified for both operations.

“As such, there is no testimony or evidence available as to the turnover of the seized items by the apprehending officer to such investigating officer. This is another material gap in the chain of custody which throws into question the identity of the seized items from both operations,” it said.

Meanwhile, the Court said the third chain or the turnover of the illegal drugs to the forensic chemist for laboratory examination was also missing.

It said that there is also gap in the submission of the seized drugs to the court.

“Accordingly, due to the egregious deficiencies in the observance of the rule on the chain of custody of the items seized from both the November 10 and November 11 operations, the Court cannot conclude that the identity, integrity, and evidentiary value of the seized items were preserved,” it said.

“Again, the large amount of dangerous drugs involved in the instant case does not excuse the failure to prove the identity, integrity, and evidentiary value of the seized items,” it added.

The magistrates rued that the case revealed the the "law enforcement agents' complete ignorance of the requirements of Sec. 21 of R.A. No. 9165."

"This ignorance extends to the prosecution because the records are woefully bereft of any attempt on its part to even invoke justifiable circumstances to excuse the failure of the law enforcement agents to even attempt to comply with the mandatory requirements of Sec. 21 of R.A. No. 9165. The utter disregard for the law demonstrated by these actors is reprehensible," they said.

"Even more reprehensible is the error committed by the RTC in the penalty imposed upon Willie Gan and accused-appellant," the justices added, adding the accused were merely penalized  with 12 years jail period instead of life imprisonment and fine ranging from P500,000.00 to Pl0,000,000.00

"The acquittal in the instant case is ordained by the multiple errors, whether through negligence or misfeasance, committed by the prosecution, the defense, and the trial court," the justice said.—NB, GMA Integrated News