G.R. No. 170839; January 18, 2012
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. GERON DE LOS SANTOS y MARISTELA, Accused-Appellant.

FACTS

On December 26, 2000, accused-appellant Geron Delos Santos was halted by a security guard as he was about to bring a gift-wrapped box out of the Somerset Condominium in Pasay City. Upon inspection, the box was found to contain plastic bags with 6.2 kilograms of suspected shabu. The security guard apprehended Delos Santos and notified the NBI. NBI agents, led by Atty. Reynaldo Esmeralda, responded, took custody of the box and its contents, and had the substances tested, which confirmed the presence of methamphetamine hydrochloride. Delos Santos informed the agents the box came from Unit 706 of the condominium. When agents proceeded to Unit 706, Delos Santos entered through a window but refused to exit, forcing agents to summon a maintenance man to open the door. Delos Santos was later found hiding in the adjoining Unit 705. Inside Unit 706, agents recovered approximately 250 kilograms of shabu. Delos Santos was charged with illegal possession of dangerous drugs under Section 16 of R.A. No. 6425. He pleaded not guilty, claiming he was a janitor summoned to clean Unit 706 and was merely asked by a person named Wilson to deliver the gift-wrapped box, unaware of its contents. The RTC convicted him of the crime and sentenced him to reclusion perpetua and a fine. The CA affirmed the conviction. Delos Santos appealed to the Supreme Court, arguing the testimonies of the NBI agent and security supervisor were hearsay and that the prosecution failed to prove he knowingly possessed the drugs (animus possidendi).

ISSUE

1. Whether the testimonies of the NBI agent and the security supervisor regarding the discovery of the shabu were inadmissible hearsay.
2. Whether the prosecution proved beyond reasonable doubt that the accused had animus possidendi, or the intent to possess the illegal drugs.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the conviction.
1. On the hearsay objection: The Court ruled the objection was waived as it was not raised during trial. Furthermore, the testimonies of NBI Agent Esmeralda and Security Supervisor Zabat were not hearsay regarding the accused’s possession. They were eyewitnesses to the physical turnover of the seized shabu from the security guard to the NBI, which directly linked Delos Santos to the evidence presented in court. The accused’s own admission during trial that he was in possession of the box rendered the testimony of the apprehending security guard unnecessary.
2. On the proof of animus possidendi: The Court held that animus possidendi was established. Proof of intent to possess is indispensable and is inferred from the accused’s prior and contemporaneous acts and the surrounding circumstances. The accused’s mere denial of knowledge of the box’s contents was insufficient to exculpate him; he failed to provide a satisfactory explanation for his possession. His conduct evinced guilty knowledge: his claim of being a janitor was false as he was no longer employed at the condominium at the time; his willingness to deliver the box for “Wilson” indicated he was acting as a courier; and his attempts to evade arrest by refusing to exit Unit 706 and hiding in Unit 705 demonstrated consciousness of guilt. Had he been innocent, he would have cooperated with the authorities. Therefore, the presumption of animus possidendi stood, and his guilt was proven beyond reasonable doubt.