GR 142356; (April, 2004) (Digest)
G.R. No. 142356 ; April 14, 2004
PEOPLE OF THE PHILIPPINES, appellee, vs. LITA AYANGAO y BATONG-OG, appellant.
FACTS
Appellant Lita Ayangao was charged with transporting 14.75 kilograms of marijuana. Prosecution evidence established that police officers, acting on a tip, conducted surveillance in Sapang Biabas, Mabalacat. At around 5:00 AM on August 13, 1999, their informant pointed to Ayangao, who alighted from a tricycle and loaded two sacks. The officers approached and noticed marijuana leaves protruding from a hole in one sack. Upon inspection, the sacks yielded sweet potatoes mixed with 15 bricks of marijuana. Ayangao was arrested, and forensic examination confirmed the substance was marijuana.
The appellant presented a different account, claiming she was framed. She testified she was in Mabalacat to discuss a property transaction for a friend and was sleeping inside a house when police forcibly took her. She denied ownership of the sacks, alleging the marijuana was planted. A purok chairman testified he witnessed no unusual incident or arrest in the area that morning.
ISSUE
The core issue is whether the prosecution proved the appellant’s guilt for illegal transportation of dangerous drugs beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction. The Court found the prosecution’s version credible and upheld the validity of the warrantless arrest and seizure. The appellant was caught in flagrante delicto as the marijuana bricks were readily visible, protruding from the sack she was handling, justifying her immediate arrest under Rule 113, Section 5(a) of the Rules of Court. The subsequent seizure of the drugs was likewise valid as an incident to a lawful arrest.
The Court rejected the defense of frame-up and alibi for lack of clear and convincing evidence. The defense failed to prove any ill motive on the part of the arresting officers, whose testimonies are accorded the presumption of regularity in the performance of official duties. Furthermore, the appellant’s claimed location was merely ten meters from the arrest site, rendering her alibi physically insubstantial. For transporting 14.75 kilograms of marijuana, the penalty under Section 4 of R.A. 6425, as amended by R.A. 7659, is reclusion perpetua to death. Applying Article 63 of the Revised Penal Code, and with no aggravating or mitigating circumstances, the lesser penalty of reclusion perpetua was correctly imposed. The fine of ₱500,000 was also affirmed.