People Vs Morilla

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People vs Morilla

GR 189833, February 5, 2014

FACTS:
Mayor Ronnie Mitra (Panukulan, Quezon) and Javier Morilla were caught in flagrante delicto while
transporting shabu (methamphetamine hydrochloride) on board a Starex van (driven by Mayor) and an
ambulance (driven by Morilla).

On a checkpoint at Real, Infanta Quezon, the Starex van was able to pass; however, police officers ordered
the ambulance to stop.

Policemen then ordered Morilla to open the rear door of the car for inspection of several sacks which according
to Morilla are narra wooden tiles.

The contents turned to be methamphetamine hydrochloride and this discovery prompted police officers to
chase the Starex van. They were able to stop Mayor Mitra and asked him of his knowledge of Morilla driving
the ambulance loaded with shabu.

On plain view, operatives noticed that his van was also loaded with sacks like the ones found in the
ambulance. Taken together, they carried a total of approximately 503.68 kilos of shabu.

On trial, both accused argued that they have no knowledge of the contents of the vehicle. Morilla further
alleged that he only acted based on the instructions of the Mayor and hence, cannot be imputed to be a
member of the alleged organized/ syndicated group as the Information alleged him to be. Trial court found
conspiracy between Morilla and Mitra holding that they have the common intent to transport illegal drugs.

(There were two other accused charged namely Dequilla and Yang but for failure of the prosecution to
establish their guilt beyond reasonable doubt, they were acquitted. The trial court ruled that being mere
passengers of the vehicle does not prove that they are also conspirators.)

CRIME CHARGED: Illegal transport of methamphetamine hydrochloride (Violation of RA 6245 or Dangerous


Drugs Act of 1972)
RTC Ruling: GUILTY of Illegal transport of methamphetamine hydrochloride
CA Ruling: GUILTY of Illegal transport of methamphetamine hydrochloride

ISSUE: Is there a conspiracy to commit the offense charged?

HELD:
Yes. A conspiracy exists when two or more persons come to an agreement concerning the commission of a
felony and decide to commit. (Article 8, RPC). To determine conspiracy, there must be a common design to
commit a felony.

The argument of Morilla that mere act of driving the ambulance does not establish that he was part of the
syndicated group is misplaced. In conspiracy, it need not be shown that the parties actually came together and
agreed in express terms to enter into and pursue a common design. The assent of the minds may be and, from
the secrecy of the crime, usually inferred from proof of facts and circumstances which, taken together, indicate
that they are parts of some complete whole. In this case, the totality of the factual circumstances leads to a
conclusion that Morilla conspired with Mayor Mitra in a common desire to transport the dangerous drugs.

If indeed he was not involved in conspiracy with Mayor Mitra, he would not have told the police officers that he
was with the mayor.  The very act of transporting methamphetamine hydrochloride is malum prohibitum since it
is punished as an offense under a special law. The fact of transportation of the sacks containing dangerous
drugs need not be accompanied by proof of criminal intent, motive or knowledge.

Hence, the petition is DENIED.

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