The Supreme Court (SC) has affirmed the life imprisonment imposed by both the trial court and the Court of Appeals (CA) on a Malaysian national who was arrested at the Ninoy Aquino International Airport (NAIA) in 2010 with almost six kilos of shabu in his luggage.
Upheld was the conviction of Yap Kean Hock whose appeal was denied by the SC in a resolution made public last July 11.
Hock arrived at NAIA from Bangkok, Thailand at 5:40 p.m. on Dec. 31, 2010. At the customs area examination lane, Customs Examiner Alican Ali found six cellophane plastic bags hidden at the bottom part of Hock’s luggage.
Hock was brought to a room and agents of the Philippine Drug Enforcement Agency (PDEA) were summoned to check and test what customs examiners believed was prohibited drugs hidden in the bag of Hock.
After initial tests, it was found that about six kilos of shabu were in the six plastic bags.
The seized shabu was then marked per plastic bag and photographed. The inventory was done in the presence of Hock and it was witnessed by representatives of the Department of Justice (DOJ) and the media, and a barangay official.
A chemistry report confirmed that the 5,918 grams of crystalline substance inside the plastic bags seized from Hock were positive for the presence of Methamphetamine Hydrochloride, a dangerous drug known as shabu.
Hock was charged with violation of Section 4, Article II (importation of dangerous drugs) of Republic Act No. 9165, the Comprehensive Dangerous Drugs Act of 2002.
During trial, Hock denied ownership of the seized shabu inside his bag and claimed he was framed up. He alleged that while he was at the customs area of the airport, a person unknown to him approached him and asked him to open his bag.
While checking his bag, Hock said the person suddenly shouted: “Shabu, shabu.” He said he was locked in a room where several persons came in and out.
One of those who came inside the room opened his bag and took out a plastic bag.
On June 29, 2017, the Pasay City regional trial court (RTC) convicted Hock. He was sentenced to life imprisonment and ordered to pay a fine of P1 million.
On July 12, 2018, the CA denied his appeal and affirmed the RTC’s decision. He elevated his case to the SC.
In resolving the appeal, the SC said:
“At the very outset, in every prosecution for Importation of Dangerous Drugs, the prosecution must establish the following elements: (1) the importation or bringing into the Philippines of any regulated or prohibited drug; and (2) the importation or bringing into the Philippines of said drugs was without authority of law.
“In the instant case, the prosecution was able to establish all the elements of the crime of Importation of Dangerous Drugs when accused-appellant (Hock) was caught red-handed bringing into the Philippines almost six (6) kilograms of shabu without lawful authority.”
On Hock’s claim of procedural lapse in the marking and inventory of the seized drugs, the SC said:
“After a careful perusal of the records of the case, We hold and so rule that the prosecution was able to prove an unbroken chain of custody of the seized drugs.
“After confiscation, the items were marked (EJV 12-31-2010 EXH-A, EJV 12-31-2010 EXH-B, EJV 12-31-2010 EXH-C, EJV 12-31-2010 EXH-D, EJV 12-31-2010 EXH-E, EJV 12-31-2010 EXH-F), photographed, and inventoried by Ali.
“While, admittedly, the marking, inventory and taking of pictures were done not at the place where the items were discovered, that is, at the customs counter, but at the In-Bond room, this is to be expected considering that the customs counter is a public place where people arriving from other countries line up to be cleared before going to their respective destinations in the Philippines.
“To conduct the marking, inventory and taking of pictures at that place will cause a commotion and may compromise the security in the airport.
“More so, the rules allow that the marking be made at the nearest police station or office of the apprehending team. These justify the decision of the officers/agents to conduct the marking, inventory and taking of pictures in the In-Bond room.
“Furthermore, the inventory of the seized items was conducted in the presence of accused-appellant, DOJ and media representatives, and a barangay official.
“Corollarily, the RTC did not err in giving the prosecution's evidence full credence. This is in contrast to the denial by accused-appellant who failed to substantiate his allegation of frame-up and extortion. It bears stressing that given the quantity and obvious size of the items seized, 5,918 grams of shabu to be exact, it is incredible that they would have been planted or exchanged with another.
“All told, We hold and so rule that accused-appellant (Hock) committed the offense charged and that the degree of proof required to convict him has been met.
“WHEREFORE, the instant appeal is hereby DENIED. The appealed Decision dated July 12, 2018 of the Court of Appeals in CA-G.R. CR-HC No. 09543, is hereby AFFIRMED in toto. SO ORDERED."