GR 133265; (May, 2002) (Digest)
G.R. No. 133265 ; May 29, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. QUE MING KHA alias ALFONSO GO and KIM QUE YU alias ALFONSO QUE, accused-appellants.
FACTS
On May 16, 1997, police intercepted a blue Kia van driven by accused-appellant Que Ming Kha (Go), with Kim Que Yu (Que) as a passenger, near Commonwealth Avenue, Quezon City. The police were acting on a tip that the van was transporting shabu. The van had earlier hit a child and fled the scene. When police officers approached the van to apprehend the driver for reckless imprudence, they saw through its window several sacks at the back, one of which was open and contained plastic bags of a white crystalline substance. The van was found to contain nine sacks holding 253.8609 kilograms of methamphetamine hydrochloride or shabu. Both accused were charged, tried, and convicted by the Regional Trial Court for illegal transport of dangerous drugs and were sentenced to death.
ISSUE
The core issues were: (1) whether the warrantless search and seizure of the shabu were valid, and (2) whether the guilt of both accused was proven beyond reasonable doubt.
RULING
The Supreme Court modified the trial court’s decision. It upheld the conviction of Go but acquitted Que. The warrantless search was deemed valid under the plain view doctrine. The police lawfully approached the van to arrest Go for reckless imprudence following the hit-and-run. From their lawful vantage point, the open sack containing what appeared to be shabu was immediately apparent and inadvertently discovered, justifying the seizure without a warrant. Regarding culpability, the Court found Go’s guilt proven as the driver and custodian of the vehicle containing the massive quantity of drugs, which warranted a presumption of knowledge of its illegal contents. However, for Que, the prosecution failed to prove conspiracy or any conscious possession beyond his mere presence as a passenger. No evidence showed he had knowledge of or control over the contraband. On penalty, with no aggravating or mitigating circumstances, the proper penalty for the large-scale transport under the law was reclusion perpetua, not death. Go was thus sentenced to reclusion perpetua, and Que was ordered acquitted and released.