G.R. No. 168695; December 8, 2008.
PEOPLE OF THE PHILIPPINES, appellee, vs. MARIBEL LAGMAN and ZENG WA SHUI, appellants.

FACTS

The National Bureau of Investigation (NBI), after receiving reports of clandestine shabu laboratory operations in Pampanga, conducted surveillance in January 1996 on a piggery farm in Porac and a rented house in Balibago, Angeles City. The surveillance revealed that appellants Zeng Wa Shui (alias “Alex Chan”) and Li Wien Shien occupied the farm, and appellant Maribel Lagman frequented the place. Zeng and Li would also visit Maribel’s rented house, which she shared with her common-law husband, Jose “Bobby” Yu. On March 14, 1996, two NBI teams simultaneously raided the locations using search warrants. The search of the Porac farm initially yielded only pigs and two drums containing acetone and ethyl. Later, Li arrived, and a search of his vehicle yielded a digital weighing scale and approximately 317.60 grams of shabu. Zeng arrived later carrying a blue drum containing liquid, which field-tested positive for shabu. The search of Maribel’s residence, where she was fetched from her business, yielded 18 big plastic containers with liquid (6 field-tested positive for shabu), 30 sacks of white powdery substance (ephedrine hydrochloride), 10 plastic containers with white powdery substance (sodium hydroxide), and various paraphernalia, all used in shabu manufacture. Separate Informations were filed: against Maribel for possession of 527 kilograms of shabu (liquid) and 1,615 kilograms of ephedrine hydrochloride; against Li for possession of 317.60 grams of shabu; and against Zeng for possession of 78 kilograms of shabu. The cases were consolidated. The trial court acquitted Li but convicted Maribel and Zeng, imposing the death penalty and fines. The Court of Appeals affirmed the conviction. Maribel and Zeng appealed to the Supreme Court.

ISSUE

The main issues are: 1) Whether the evidence seized from Maribel’s residence is admissible against her; 2) Whether Maribel had constructive possession of the regulated substances; 3) Whether the evidence seized from Zeng was illegally obtained and admissible; 4) Whether the prosecution proved the lack of authority to possess the regulated drugs; and 5) Whether the quantitative purity of the seized substance from Zeng was necessary for conviction.

RULING

The Supreme Court affirmed the conviction with modification. The essential elements of illegal possession of regulated drugs are: (1) actual possession of an item identified as a prohibited drug; (2) such possession is not authorized by law; and (3) the accused freely and consciously possessed the drug. The crime is mala prohibita, requiring proof of intent to possess (animus possidendi), which includes constructive possession. Constructive possession exists when the drug is under the accused’s dominion and control or when they have the right to exercise control over the place where it is found. The finding of illicit drugs in a house occupied by a person raises a presumption of knowledge and possession. Maribel failed to rebut this presumption. As the tenant, she had full access, control, and dominion over the rooms. Her claim of ignorance, that her common-law husband stored the items as “fertilizers and restaurant items,” was unconvincing, and she provided no explanation for not checking the rooms or lacking keys. Her documentary evidence (loan applications, car sale) did not disprove involvement. Regarding Zeng, the search of the blue drum he was carrying was incidental to a lawful arrest, as he was caught in the act of transporting shabu. The prosecution sufficiently proved he lacked authority to possess the shabu. A quantitative test of purity is not required for conviction; a qualitative examination confirming the presence of methamphetamine hydrochloride is sufficient. The penalties were modified due to Republic Act No. 9346, which prohibits the death penalty. The Court imposed reclusion perpetua without eligibility for parole and fines: Maribel to pay P2,000,000 and Zeng to pay P1,000,000.