G.R. No. 180452. January 10, 2011.

*
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NG YIK BUN, KWOK WAI
CHENG, CHANG CHAUN SHI, CHUA SHILOU HWAN, KAN SHUN MIN, and
RAYMOND S. TAN, accused-appellants.

Criminal Procedure; Warrantless Arrests; Warrantless arrests is considered

reasonable and valid under Rule 113, Sec. 5(a) of the Revised Rules on Criminal
Procedure.—The foregoing proviso refers to arrest in flagrante delicto. In the
instant case, contrary to accused-appellants’ contention, there was indeed a valid
warrantless arrest in flagrante delicto. Consider the circumstances immediately
prior to and surrounding the arrest of accused-appellants: (1) the police officers
received information from an operative about an ongoing shipment of
contraband; (2) the police officers, with the operative, proceeded to Villa Vicenta
Resort in Barangay Bignay II, Sariaya, Quezon; (3) they observed the goings-on at
the resort from a distance of around 50 meters; and (4) they spotted the six
accused-appellants loading transparent bags containing a white substance into a
white L-300 van.

Same; Same; In People v. Alunday, 564 SCRA 135 (2008), the Court held that when
a police officer sees the offense, although at a distance, or hears the disturbances
created thereby, and proceeds at once to the scene, he may effect and arrest
without a warrant on the basis of Sec. 5(a), Rule 113 of the Rules of Court, as the
offense is deemed committed in his presence or within his view.—In People v.
Alunday, 564 SCRA 135 (2008), we held that when a police officer sees the
offense, although at a distance, or hears the disturbances created thereby, and
proceeds at once to the scene, he may effect an arrest without a warrant on the
basis of Sec. 5(a), Rule 113 of the Rules of Court, as the offense is deemed
committed in his presence or within his view. In the instant case, it can plausibly
be argued that accused-appellants were committing the offense of possessing
shabu and were in the act of loading them in a white van when the police officers
arrested them. As aptly noted by the appellate court, the crime was committed in
the presence of the police officers with the
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* FIRST DIVISION.
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People vs. Ng Yik Bun
contraband, inside transparent plastic containers, in plain view and duly observed
by the arresting officers. And to write finis to the issue of any irregularity in their
warrantless arrest, the Court notes, as it has consistently held, that accused-
appellants are deemed to have waived their objections to their arrest for not
raising the issue before entering their plea.

Same; Same; Criminal Law; Dangerous Drugs Act; Illegal Possession of Dangerous
Drugs; Accused-appellants were found to be in possession of prohibited drugs
without proof that they were duly authorized by law to possess them. Having
been caught in flagrante delicto, there is, therefore, a prima facie evidence of
animus possidendi on the part of accused-appellants.—Present in the instant case
are all the elements of illegal possession of drugs: (1) the accused is in possession
of an item or object which is identified to be a prohibited drug; (2) such
possession is not authorized by law; and (3) the accused freely and consciously
possesses the said drug. Accused-appellants were positively identified in court as
the individuals caught loading and possessing illegal drugs. They were found to be
in possession of prohibited drugs without proof that they were duly authorized by
law to possess them. Having been caught in flagrante delicto, there is, therefore,
a prima facie evidence of animus possidendi on the part of accused-appellants.
There is, thus, no merit to the argument of the defense that a warrant was
needed to arrest accused-appellants.

Evidence; Witnesses; Appellate courts generally will not disturb the trial court’s
assessment of a witness’ credibility unless certain material facts and
circumstances have been overlooked or arbitrarily disregarded.—As no ill motive
can be imputed to the prosecution’s witnesses, we uphold the presumption of
regularity in the performance of official duties and affirm the trial court’s finding
that the police officers’ testimonies are deserving of full faith and credit.
Appellate courts generally will not disturb the trial court’s assessment of a
witness’ credibility unless certain material facts and circumstances have been
overlooked or arbitrarily disregarded. We find no reason to deviate from this rule
in the instant case.
APPEAL from a decision of the Court of Appeals.
 The facts are stated in the opinion of the Court.
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People vs. Ng Yik Bun
The Solicitor General for plaintiff-appellee.
Gilberto Alfafara for Chua Shilou Hwan.
Public Attorney’s Office for accused-appellants.
VELASCO, JR., J.:
The Case

This is an appeal from the January 16, 2007 Decision of the Court of Appeals (CA)
in CA-G.R. CR-H.C. No. 00485 entitled People of the Philippines v. Ng Yik Bun,
Kwok Wai Cheng, Chang Chaun Shi, Chua Shilou Hwan, Kan Shun Min and
Raymond S. Tan, which affirmed the April 1, 2004 Decision in Criminal Case No. Q-
01-99437 of the Regional Trial Court (RTC), Branch 103 in Quezon City. The RTC
found accused-appellants guilty beyond reasonable doubt of violating Section 16,
Article III of Republic Act No. (RA) 6425 or the Dangerous Drugs Act of 1972.
The Facts

An Information indicted accused-appellants of the following:

“That on or about the 24th day of August 2000, at Barangay Bignay II,
Municipality of Sariaya, Province of Quezon, Philippines, and within the
jurisdiction of this Honorable Court, the above-named accused, conspiring and
confederating together and mutually helping one another, did then and there
knowingly, willfully, unlawfully and feloniously transport, deliver and distribute,
without authority of law, on board an L-300 Mitsubishi van, bearing Plate No.
UBU 827, and have in their possession, custody, and control, without the
corresponding license or prescription, twenty-five (25) heat-sealed transparent
plastic bags containing Methamphetamine Hydrochloride (shabu), a regulated
drug, each containing: 2.954 grams, 2.901 grams, 2.926 grams, 2.820 grams, 2.977
grams, 2.568 grams, 2.870 grams, 2.941 grams, 2.903 grams, 2.991 grams, 2.924
grams, 2.872 grams, 2.958 grams, 2.972 grams, 2.837 grams, 2.908 grams, 2.929
grams, 2.932 grams, 2.899 grams, 2.933 grams, 2.938 grams,
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People vs. Ng Yik Bun
2.943 grams, 2.955 grams, 2.938 grams and 2.918 grams, respectively, with a total
weight of 72.707 kilos, and one hundred forty seven (147) self-sealing transparent
plastic bags likewise containing Methamphetamine Hydrochloride (shabu), also a
regulated drug, with a total weight of 291.350 kilos, or with a grand total weight
of 364.057 kilos.

That the above acts were committed by a syndicate with the use of two (2) motor
vehicles, namely: L-300 Mitsubishi Van bearing Plate No. UBU 827 and a Nissan
Sentra Exalta car without Plate Number.
Contrary to law.”1

As summarized in the appealed CA decision, the facts are as follows:

On August 24, 2000, at around 9:00 p.m., Capt. Danilo Ibon of Task Force Aduana
received information from an operative that there was an ongoing shipment of
contraband in Barangay Bignay II, Sariaya, Quezon Province. Upon instructions
from his superior, Major Carlo Magno Tabo, Capt. Ibon formed a team in
coordination with a Philippine National Police detachment, and, along with the
operative, the team then proceeded to Villa Vicenta Resort in Barangay Bignay II,
Sariaya.

The members of the team were able to observe the goings-on at the resort from a
distance of around 50 meters. They spotted six Chinese-looking men loading bags
containing a white substance into a white van. Having been noticed, Capt. Ibon
identified his team and asked accused-appellant Chua Shilou Hwan (Hwan) what
they were loading on the van. Hwan replied that it was shabu and pointed, when
probed further, to accused-appellant Raymond Tan as the leader. A total of 172
bags of suspected shabu were then confiscated. Bundles of noodles (bihon) were
also found on the premises.
_______________

1 Rollo, p. 5.
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People vs. Ng Yik Bun

A laboratory report prepared later by Police Inspector Mary Jean Geronimo on

samples of the 172 confiscated bags showed the white substance to be shabu.
On January 10, 2001, an Amended Information for violation of Sec. 16, Article III
of RA 6425 was filed against accused-appellants, who entered a plea of not guilty
upon re-arraignment.

Accused-appellants all maintained their innocence and presented the following

defenses:
(1) Accused-appellant Hwan testified that he was planning to buy cheap goods
at Villa Vicenta Resort on August 24, 2000, when he saw a van full of bihon at the
resort and inquired if it was for sale. He went to relieve himself 15 meters away
from the van. A group of police officers arrested him upon his return.
(2) Accused-appellant Tan testified that he was a businessman collecting a debt
in Lucena City on August 24, 2000. He was at a restaurant with his driver when
three persons identified themselves as police officers and forcibly brought him
inside a car. He was handcuffed, blindfolded, and badly beaten. He was later
brought to a beach and was ordered to hold some bags while being photographed
with five Chinese-looking men he saw for the first time. A tricycle driver, Ricky
Pineda, corroborated his story by testifying that he saw Tan being forced into a
white Nissan car on August 24, 2000.
(3) Accused-appellant Ng Yik Bun (Bun) testified that he arrived in the
Philippines as a tourist on August 22, 2000. On August 24, 2000, he was at a beach
with some companions when four armed men arrested them. He was made to
pose next to some plastic bags along with other accused-appellants, whom he did
not personally know. He was then charged with illegal possession of drugs at the
police station. A friend of his, accused-appellant Kwok Wai Cheng (Cheng),
corroborated his story.
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(4) Accused-appellant Kan Shun Min (Min) testified that he arrived in the
Philippines on July 1, 2000 for business and pleasure. On August 24, 2000, he
checked into a beach resort. While walking there, he was suddenly accosted by
four or five men who poked guns at him. He was brought to a cottage where he
saw some unfamiliar Chinese-looking individuals. He likewise testified that he was
made to take out white packages from a van while being photographed. His
friend, accused-appellant Chang Chaun Shi (Shi), corroborated his story.

The RTC convicted accused-appellants of the crime charged. The dispositive

portion of the RTC Decision reads:
“ACCORDINGLY, the Court hereby renders judgment finding the six (6) accused
namely Ng Yik Bun, Kwok Wai Cheng, Chang Chaun Shi, Chua Shilou Hwan, Kan
Shun Min and Raymond S. Tan (some also known by other names), GUILTY
beyond reasonable doubt of violating Section 16 of RA 6425, as amended and
each is hereby sentenced to suffer the penalty of RECLUSION PERPETUA and to
pay a fine of Five Million Pesos (P5,000,000.00) each.
The shabu involved in this case and their accompanying paraphernalia are
ordered disposed of in accordance with law, now RA 9165. The two (2) vehicles
are forfeited in favor of the government.
SO ORDERED.”2

In questioning the RTC Decision before the CA, accused-appellants Bun, Cheng,
Shi, Min, and Tan raised the lone issue of: whether the trial court erred in ruling
that there was a valid search and arrest despite the absence of a warrant.

On the other hand, accused-appellant Hwan sought an acquittal on the basis of

the following submissions:
I
The trial court erred when it held as valid the warrantless search, seizure and
subsequent arrest of the accused-appellants despite the
_______________

2 CA Rollo, p. 46. Penned by Judge Jaime N. Salazar.

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People vs. Ng Yik Bun

non-concurrence of the requisite circumstances that justify a warrantless arrest as

held in the case of People vs. [Cuizon].
II
The trial court violated Article III, Section 14 of the 1987 Constitution as well as
Rule 115 of the Revised Rules on Criminal Procedure when it heard the case at
bench on June 26, 2001 at the chemistry division of the PNP Crime Laboratory in
Camp Crame, Quezon City without the presence of both the herein accused-
appellant and his counsel de parte.
III
The trial court erred when it issued and dictated in open hearing a verbal order
denying accused’s formal “Motion to Suppress Illegally Procured Evidence” upon
a [ratiocination] that is manifestly contrary to law [and] jurisprudence set in the
Cuizon case, supra.
IV
The trial court erred when with lack of the desired circumspection, it sweepingly
ruled the admission in evidence the 731 exhibits listed in the prosecution’s 43-
page formal offer of evidence over the itemized written objections of the defense
in a terse verbal order (bereft of reason for the denial of the raised objections)
dictated in open hearing which reads: “All the exhibits of the prosecution are
hereby admitted. The court believes that as far as the evidence submitted goes,
these exhibits of the prosecution consisting of several plastic bags of shabu were
not yet shown to be the fruit of a poisonous plant.” x x x
V
The trial court also erred in admitting the prosecution’s photographs (Exhibit “K”
and “M,” inclusive of their sub-markings), the photographer who took the shots
not having taken the witness stand to declare, as required by the rules, the
circumstances under which the photographs were taken.
VI
The trial court erred when it tried and applied the provisions of R.A. 9165, the
Dangerous Drugs Act of 2002, in the instant case even though [the] crime charged
took place on 24 August 2000.
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People vs. Ng Yik Bun
VII
The trial court erred in finding conspiracy among the accused.3

The appellate court found accused-appellants’ contentions unmeritorious as it

consequently affirmed in toto the RTC Decision.

The CA ruled that, contrary to accused-appellants’ assertion, they were first

arrested before the seizure of the contraband was made. The CA held that
accused-appellants were caught in flagrante delicto loading transparent plastic
bags containing white crystalline substance into an L-300 van which, thus,
justified their arrests and the seizure of the contraband. The CA agreed with the
prosecution that the urgency of the situation meant that the buy-bust team had
no time to secure a search warrant. Moreover, the CA also found that the
warrantless seizure of the transparent plastic bags can likewise be sustained
under the plain view doctrine.
The CA debunked accused-appellant Hwan’s arguments in seriatim. First, the CA
ruled that People v. Cuizon4 was not applicable to the instant case, as, unlike in
Cuizon, the apprehending officers immediately acted on the information they had
received about an ongoing shipment of drugs.
Second, the CA also noted that accused-appellant Hwan effectively waived his
right to be present during the inspection of exhibits and hearing, for the
manifestation made by the prosecution that accused-appellant Hwan waived his
right to be present was never raised in issue before the trial court.
And third, the CA found accused-appellant Hwan’s other arguments untenable. It
held that the trial court correctly admitted Exhibits “K” and “M” even if the
photographer was not presented as a witness. The CA based its ruling on Sison
_______________

3 Id., at pp. 124-125.

4 G.R. No. 109287, April 18, 1996, 256 SCRA 325.
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People vs. Ng Yik Bun
v. People,5 which held that photographs can be identified either by the
photographer or by any other competent witness who can testify to its exactness
and accuracy. It agreed with the Solicitor General that accused-appellants were
correctly tried and convicted by the trial court under RA 6425 and not RA 9165, as
can be gleaned from the fallo of the RTC Decision. The CA likewise dismissed the
argument that conspiracy was not proved by the prosecution, noting that the
evidence presented established that accused-appellants were performing “their
respective task[s] with the objective of loading the plastic bags of shabu into an L-
300 van.”6
The CA disposed of the appeal as follows:
“WHEREFORE, the Decision dated April 1, 2004 of the Regional Trial Court of
Quezon City, Branch 103, in Criminal Case No. Q-01-99437, is hereby AFFIRMED in
toto.
SO ORDERED.”7
On February 18, 2008, the Court, acting on the appeal of accused-appellants,
required the parties to submit supplemental briefs if they so desired.
On March 27, 2008, accused-appellants Bun, Cheng, Shi, Min, and Tan filed their
Supplemental Brief on the sole issue that:
THERE WAS NO VALID SEARCH AND ARREST DUE TO ABSENCE OF A WARRANT
On June 4, 2008, accused-appellant Hwan filed his Supplemental Brief, raising the
following errors, allegedly committed by the trial court:
_______________

5 G.R. Nos. 108280-83 & 114931-33, November 16, 1995, 250 SCRA 58, 75-76.
6 Rollo, p. 25.
7 Id., at p. 26. Penned by Associate Justice Ramon M. Bato, Jr. and concurred in by
Associate Justices Remedios Salazar-Fernando and Jose C. Mendoza (now a
member of this Court).
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People vs. Ng Yik Bun
I
THE TRIAL COURT VIOLATED ARTICLE III, SECTION 14 OF THE 1987 CONSTITUTION
AS WELL AS RULE 115 OF THE REVISED RULES ON CRIMINAL PROCEDURE WHEN IT
CONDUCTED A HEARING ON JUNE 26, 2001 AT THE CHEMISTRY DIVISION OF THE
PNP CRIME LABORATORY IN CAMP CRAME, QUEZON CITY WITHOUT THE
PRESENCE OF BOTH THE HEREIN ACCUSED-APPELLANT AND HIS COUNSEL IN
SUCH VITAL [PROCEEDINGS].
II
THE TRIAL COURT ERRED WHEN IT HELD AS VALID THE WARRANTLESS SEARCH,
SEIZURE AND SUBSEQUENT ARREST OF THE HEREIN APPELLANT DESPITE THE
NON-CONCURRENCE OF THE REQUISITE CIRCUMSTANCES THAT JUSTIFY A
WARRANTLESS ARREST.

Essentially, accused-appellants claim that no valid in flagrante delicto arrest was

made prior to the seizure and that the police officers placed accused-appellants
under arrest even when there was no evidence that an offense was being
committed. Since there was no warrant of arrest, they argue that the search sans
a search warrant subsequently made on them was illegal. They contend that a
seizure of any evidence as a result of an illegal search is inadmissible in any
proceeding for any purpose.
Accused-appellant Hwan additionally claims that he was deliberately excluded
when the trial court conducted a hearing on June 26, 2001 to identify 172 bags of
shabu for trial purposes. He asserts that no formal notice of the hearing was sent
to him or his counsel, to his prejudice.

The Court’s Ruling

On the issue of warrantless arrest, it is apropos to mention what the Bill of Rights
under the present Constitution provides in part:
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People vs. Ng Yik Bun

“SEC. 2. The right of the people to be secure in their persons, houses, papers,

and effects against unreasonable searches and seizures of whatever nature and
for any purpose shall be inviolable, and no search warrant or warrant of arrest
shall issue except upon probable cause to be determined personally by the judge
after examination under oath or affirmation of the complainant and the witnesses
he may produce, and particularly describing the place to be searched and the
persons or things to be seized.”

A settled exception to the right guaranteed in the aforequoted provision is that of

an arrest made during the commission of a crime, which does not require a
warrant. Such warrantless arrest is considered reasonable and valid under Rule
113, Sec. 5(a) of the Revised Rules on Criminal Procedure, which states:
“Sec. 5. Arrest without warrant; when lawful.—A peace officer or a private
person may, without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;” (Emphasis supplied.)
The foregoing proviso refers to arrest in flagrante delicto.8 In the instant case,
contrary to accused-appellants’ contention, there was indeed a valid warrantless
arrest in flagrante delicto. Consider the circumstances immediately prior to and
surrounding the arrest of accused-appellants: (1) the police officers received
information from an operative about an ongoing shipment of contraband; (2) the
police officers, with the operative, proceeded to Villa Vicenta Resort in Barangay
Bignay II, Sariaya, Quezon; (3) they observed the goings-on at the resort from a
distance of around 50 meters; and (4) they spotted the six accused-appellants
loading transparent bags containing a white substance into a white L-300 van. The
_______________

8 People v. Alunday, G.R. No. 181546, September 3, 2008, 564 SCRA 135, 146;
citing People v. Doria, G.R. No. 125299, January 22, 1999, 301 SCRA 668.
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People vs. Ng Yik Bun

following exchange between Capt. Ibon and the prosecutor sheds light on the
participation of all six accused-appellants:

Q Upon arriving at Villa Vicenta Resort in Brgy. Bignay II, [in] what specific area
[did] you position yourselves?
A: Initially we [were] about three hundred meters away from Villa Vicenta
Resort, then we walked [stealthily] so as not to [be] [spotted] until we were about
fifty meters sir.
Q: So you [positioned] yourself about fifty meters away from the point of Villa
Vicenta Resort?
A: From the actual location we saw about six personnel walking together
loading contraband.
Q: You said you [were] about fifty meters away from these six persons who
were loading contraband, is that what you mean?
A: Yes sir.
Q: In that place where you [positioned] yourself, could you tell us, what was the
lighting condition in the place where you positioned yourselves?
A: It was totally dark in our place sir.
Q: How about the position of the six persons who were loading contraband?
A: They were well-lighted sir.
Q: Why do you say that they are well-lighted?
A: There were several [fluorescent] lamps sir.
Q: Where?
A: One search light placed near where they were loading the shipment sir.
Q: How about the other?
A: About two fluorescent lamps at the house near the six persons your honor.
COURT: Are these portable lamps:
A: Fixed lamps your honor.
Q: Where else?
A: Another at the right corner[.] There was also somewhat a multi-purpose
house and it [was] well-lighted your honor.
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Q: This is a resort and that multi-purpose house that you are referring to are the
cottages of the resort?
A: Yes your honor.
FISCAL: You said you saw six persons who were loading
goods[.] In what vehicle [were they] transferring those
 things?
A: Into [an] L-300 van sir.
Q: What is the color of the van?
A: White sir.
Q: What did you see that these six persons [were] loading?
A: We saw [them] holding white plastic with white substance your honor.
Q: What container [were they] loading?
A: Actually there were several checkered bags and other plastic [bags] sir.
Q: How [were] they loading these bags?
A: [Manually] your honor.
Q: Will you please describe how they [were] loading it, Mr. Witness?
A: Actually the plastic bags [some were] repacked [into] checkered [bags] while
others [were] loading inside the checkered bag sir.
Q: Did they put that on their shoulder or what?
A: Holding and holding [sic] sir.
Q: Nobody carrying [it] on their back?
A: Nobody sir.
xxxx
Q: You said you saw these six persons, will you please look around this
courtroom and tell us if these six persons that you are referring to are present?
COURT: Considering that there are many persons inside this
courtroom, will you please stand up and please [tap]
the shoulder of these six persons?
xxxx
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People vs. Ng Yik Bun

INTERPRETER: Witness tapped the [shoulders] of six male

persons inside the courtroom.
xxxx
FISCAL: May we manifest your honor that when these six
persons stood up when their names [were] called on
the basis [of] what [was] written [on] the information
[were] once tapped on their shoulder by this witness.
 The last question I have [is] how long you stayed in
this position watching these six persons loading those
[products] in the L-300 van?
A: Ten to fifteen minutes sir.
Q: Within that period could you tell us what transpired?
A: I called Major Tabo to inform [him of] what I saw, I called Major Tabo
through the hand-held radio sir.
Q: What was the reply of major Tabo with respect to your information?
A: He directed me to get closer to these six persons and find out if really the
contraband is shabu that was first reported sir.
Q: So did you in fact go closer?
A: Yes sir.
Q: How [close] were you [to] the six persons at the time?
A: When we were closing [in] somebody noticed us and they were surprised, I
immediately shouted “Freeze, don’t move, we are Filipino soldiers,” we further
identified [ourselves] sir.
Q: What was the reaction of the six persons when you shouted those words?
A: They [froze] sir.
xxxx
Q: When you went closer and they [froze], what happened?
A: I asked them who among them are English-speaking?
Q: What was the reply given to you?
A: Somebody replied “tagalog lang.”
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People vs. Ng Yik Bun

Q: Who was that person who replied “tagalog lang?”

A: Chua Shilou Hwan sir.
Q: Will you please [identify] for us who answered that in [T]agalog?
COURT: Please [tap] his shoulder.
A: This man sir.
COURT: Witness tapped the shoulder of a man who identified
himself as Chua Shilou Hwan.
CHUA SHILOU HWAN: Opo.
FISCAL: After answering you [with] “tagalog lang,” what
happened?
A: I further asked them “Ano ang dala ninyo?”
Q: What was the reply?
A: Chua Shilou Hwan said shabu.
Q: So [what] did you do next?
A: I asked them who is their leader, sir.
Q: What was the reply?
A: He told me it was Raymond Tan, sir.
Q: Is he inside this courtroom now?
A: Yes sir.
COURT: Please tap [his] shoulder.
WITNESS: This man sir.
COURT: Ikaw ba Raymond Tan?
INTERPRETER: A man stood and [nodded] his head.
xxxx
FISCAL: Now after they [froze], what did you do?
A: I inspected the contraband and I found these bags and I immediately called
Major Tabo and informed [him of] the matter sir.
Q: How many bags were you able to confiscate in the scene?
A: All in all 172 your honor.
Q: That 172, one of them is the bag in front of you [which] you identified
earlier?
A: Yes sir.
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Q: When you saw that bag could you tell us what particular [contents] attracted
you upon seeing these bags?
A: It was marked by the members (interrupted).
Q: No what attracted you?
A: Something crystalline white sir.
Q: Are you referring to all the bags?
A: All the bags sir.9 x x x
Evidently, the arresting police officers had probable cause to suspect that
accused-appellants were loading and transporting contraband, more so when
Hwan, upon being accosted, readily mentioned that they were loading shabu and
pointed to Tan as their leader. Thus, the arrest of accused-appellants––who were
caught in flagrante delicto of possessing, and in the act of loading into a white L-
300 van, shabu, a prohibited drug under RA 6425, as amended––is valid.

In People v. Alunday, we held that when a police officer sees the offense,
although at a distance, or hears the disturbances created thereby, and proceeds
at once to the scene, he may effect an arrest without a warrant on the basis of
Sec. 5(a), Rule 113 of the Rules of Court, as the offense is deemed committed in
his presence or within his view.10 In the instant case, it can plausibly be argued
that accused-appellants were committing the offense of possessing shabu and
were in the act of loading them in a white van when the police officers arrested
them. As aptly noted by the appellate court, the crime was committed in the
presence of the police officers with the contraband, inside transparent plastic
containers, in plain view and duly observed by the arresting officers. And to write
finis to the issue of any irregularity in their warrantless arrest, the Court notes, as
it has consistently held, that accused-appellants are deemed to have waived their
objections
_______________

9 TSN, July 24, 2001, pp. 22-34.

10 Supra note 8, at p. 147; citing People v. Sucro, G.R. No. 93239, March 18, 1991,
195 SCRA 388.
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to their arrest for not raising the issue before entering their plea.11
Moreover, present in the instant case are all the elements of illegal possession of
drugs: (1) the accused is in possession of an item or object which is identified to
be a prohibited drug; (2) such possession is not authorized by law; and (3) the
accused freely and consciously possesses the said drug.12 Accused-appellants
were positively identified in court as the individuals caught loading and possessing
illegal drugs. They were found to be in possession of prohibited drugs without
proof that they were duly authorized by law to possess them. Having been caught
in flagrante delicto, there is, therefore, a prima facie evidence of animus
possidendi on the part of accused-appellants.13 There is, thus, no merit to the
argument of the defense that a warrant was needed to arrest accused-appellants.
Accused-appellants were not able to show that there was any truth to their
allegation of a frame-up in rebutting the testimonies of the prosecution
witnesses. They relied on mere denials, in contrast with the testimony of Capt.
Ibon, who testified that he and his team saw accused-appellants loading plastic
bags with a white crystalline substance into an L-300 van at the Villa Vicenta
Resort. Accused-appellants, except for Tan, claimed that they were ordered by
the police officers
_______________

11 People v. Tidula, G.R. No. 123273, July 16, 1998, 292 SCRA 596, 611; People v.
Montilla, G.R. No. 123872, January 30, 1998, 285 SCRA 703; People v. Cabiles, G.R.
No. 112035, January 16, 1998, 284 SCRA 199, 210; People v. Mahusay, G.R. No.
91483, November 18, 1997, 282 SCRA 80, 87; People v. Rivera, G.R. No. 87187,
June 29, 1995, 245 SCRA 421, 430; and People v. Lopez, Jr., G.R. No. 104662, June
16, 1995, 245 SCRA 95, 105.
12 People v. Sy, G.R. No. 147348, September 24, 2002, 389 SCRA 594, 604-605;
citing Manalili v. Court of Appeals, G.R. No. 113447, October 9, 1997, 280 SCRA
400, 418.
13 People v. Pagkalinawan, G.R. No. 184805, March 3, 2010, 614 SCRA 202.
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People vs. Ng Yik Bun

to act like they were loading bags onto the van. Accused-appellant Tan told a
different tale and claims he was arrested inside a restaurant. But as the trial court
found, the persons who could have corroborated their version of events were not
presented in court. The only witness presented by Tan, a tricycle driver whose
testimony corroborated Tan’s alone, was not found by the trial court to be
credible.
As no ill motive can be imputed to the prosecution’s witnesses, we uphold the
presumption of regularity in the performance of official duties and affirm the trial
court’s finding that the police officers’ testimonies are deserving of full faith and
credit. Appellate courts generally will not disturb the trial court’s assessment of a
witness’ credibility unless certain material facts and circumstances have been
overlooked or arbitrarily disregarded.14 We find no reason to deviate from this
rule in the instant case.
On the alleged lack of notice of hearing, it is now too late for accused-appellant
Hwan to claim a violation of his right to examine the witnesses against him. The
records show the following exchange on June 26, 2001:
FISCAL LUGTO:
I would like to manifes[t] that Atty. Agoot, counsel of accused Chua Shilou Hwan,
waived his right to be present for today’s trial for purposes of identification of the
alleged shabu.
ATTY SAVELLANO:
[Are] we made to understand that this hearing is for identification of shabu only?
FISCAL LUGTO:
Yes despite the testimony of the Forensic Chemist, this is for continuation with
the direct testimony for purposes of identifi-
_______________

14 People v. Gregorio, Jr., G.R. No. 174474, May 25, 2007, 523 SCRA 216, 227;
citing People v. Abaño, G.R. No. 142728, January 23, 2002, 374 SCRA 431.
106

106
SUPREME COURT REPORTS ANNOTATED
People vs. Ng Yik Bun

cation which was confiscated or seized by the joint operation of the Military and
the PNP at Sariaya, Quezon.
For the record, this [is] for the continuation of the direct testimony of Forensic
Chemist Mary Jean Geronimo.15

As the records confirm, accused-appellant Hwan and his counsel were not present
when the forensic chemist testified. The prosecution made a manifestation to the
effect that accused-appellant Hwan waived his right to be present at that hearing.
Yet Hwan did not question this before the trial court. No evidence of deliberate
exclusion was shown. If no notice of hearing were made upon him and his
counsel, they should have brought this in issue at the trial, not at the late stage on
appeal.
All told, we hold that the findings of both the RTC and the CA must be affirmed.
The trial court’s determination as to the credibility of witnesses and its findings of
fact should be accorded great weight and respect more so when affirmed by the
appellate court. To reiterate, a look at the records shows no facts of substance
and value that have been overlooked, which, if considered, might affect the
outcome of the instant appeal. Deference to the trial court’s findings must be
made as it was in the position to easily detect whether a witness is telling the
truth or not.16

Penalty Imposed
Accused-appellants were each sentenced by the lower court to reclusion
perpetua and to pay a fine of PhP 5,000,000. This is within the range provided by
RA 6425, as amended.17 We, therefore, affirm the penalty imposed on accused-
appellants.
_______________

15 TSN, June 26, 2001, p. 1.

16 People v. Macabare, G.R. No. 179941, August 25, 2009, 597 SCRA 119, 132;
citing People v. Mateo, G.R. No. 179036, July 28, 2008, 560 SCRA 375, 394.
17 Secs. 16 and 17 of RA 6425, as amended, provide:
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People vs. Ng Yik Bun

WHEREFORE, the appeal is DENIED. The CA Decision in CA-G.R. CR-H.C. No. 00485,
finding accused-appellants Ng Yik Bun, Kwok Wai Cheng, Chang Chaun Shi, Chua
Shilou Hwan, Kan Shun Min, and Raymond S. Tan guilty beyond reasonable doubt
of violating Sec. 16, Art. III of RA 6425, as amended, is AFFIRMED IN TOTO.
SO ORDERED.
Corona (C.J., Chairperson), Leonardo-De Castro, Del Castillo and Perez, JJ., concur.
Appeal denied, judgment affirmed in toto.
Note.—When an accused is caught in flagrante delicto, the police officers are not
only authorized but are duty-bound to arrest him even without a warrant.
(Zalameda vs. People, 598 SCRA 537 [2009])
——o0o——
_______________

Sec. 16. Possession or Use of Regulated Drugs.––The penalty of reclusion

perpetua to death and a fine ranging from five hundred thousand pesos [PhP
500,000] to ten million pesos shall be imposed upon any person who shall possess
or use any regulated drug without the corresponding license or prescription,
subject to the provisions of Section 20 hereof.
Sec. 17. Section 20, Article IV of Republic Act No. 6425, as amended, known as
the Dangerous Drugs Act of 1972, is hereby amended to read as follows:
Sec. 20. Application of Penalties, Confiscation and Forfeiture of the Proceeds or
Instruments of the Crime.––The penalties for offenses under Section 3, 4, 7, 8 and
9 of Article II and Sections 14, 14-A, 15 and 16 of Article III of this Act shall be
applied if the dangerous drugs involved is in any of the following quantities:
xxxx
3. 200 grams or more of shabu or methylamphetamine hydrochloride.