Supreme Court upholds conviction of 6 Sinos

MANILA, Philippines - The Supreme Court (SC) has affirmed the conviction of six Chinese nationals who were caught in possession of 364 kilograms of shabu in Quezon province in 2000.

The SC upheld earlier rulings of the Court of Appeals and the Quezon City regional trial court that found accused Ng Yik Bun, Kwok Wai Cheng, Chang Chaun Shi, Chua Shilou Hwan, Kan Shun Min and Raymond Tan guilty beyond reasonable doubt of possession of illegal drugs or violation of Section 16, Article III of Republic Act 6425 (Dangerous Drugs Act of 1972).

In the ruling penned by Associate Justice Presbitero Velasco Jr., the SC said the appellate and lower courts were both correct in sentencing the six Chinese nationals to reclusion perpertua and ordering each to pay P5 million.

Records show that the six were arrested by the police while preparing their drug shipment at a resort in Sariaya, Quezon on Aug. 24, 2000.

A total of 25 heat-sealed transparent plastic bags containing 364 kilos of shabu, then worth P1.6 billion, were recovered from the group on board a white L-300 Mitsubishi van.

The Chinese nationals appealed their conviction and argued that there was no valid search and arrest due to the absence of a warrant issued by a competent court.

But the SC affirmed the CA’s findings that their arrest and the seizure of the shabu were justified because the suspects were caught red-handed with the contraband.

“Evidently, the arresting police officers had probable cause to suspect that accused-appellants were loading and transporting the contraband,” it said.

“Thus, the arrest of accused-appellants – who were caught in flagrante delicto (in the very act of committing the offense) of possessing, and in the act of loading into a white L-300 van, shabu, a prohibited drug under RA 6425, as amended – is valid,” it added.

The SC also held that the six Chinese nationals were not able to prove their allegation of a frame-up in rebutting the testimonies of the prosecution witnesses, particularly the head of the arresting team, then Capt. Danilo Ibon of Task Force Aduana.

“As no ill motive can be imputed to the prosecution’s witnesses, we uphold the presumption of regularity in the performance of official duties and affirm the trial court’s finding that the police officers’ testimonies are deserving of full faith and credit,” the SC said.

“Appellate courts generally will not disturb the trial court’s assessment of a witness’ credibility unless certain material facts and circumstances have been overlooked or arbitrarily disregarded. We find no reason to deviate from this rule in the instant case,” it added.