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G.R. No. 189833 People v. Morilla February 5, 2014

People v. Morilla y Avellano - G.R. No. 189833 (Resolution) (February 5, 2014) Art. III, Section 15. Sale, Administration, Dispension, Delivery, Transportation and Distribution of Regulated Drugs of Republic Act No. 6425 or The Dangerous Drugs Act of 1972

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117 views2 pages

G.R. No. 189833 People v. Morilla February 5, 2014

People v. Morilla y Avellano - G.R. No. 189833 (Resolution) (February 5, 2014) Art. III, Section 15. Sale, Administration, Dispension, Delivery, Transportation and Distribution of Regulated Drugs of Republic Act No. 6425 or The Dangerous Drugs Act of 1972

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Noreenesse Santos
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G.R. No. 189833 People v.

Morilla February 5, 2014

People of the Philippines, Javier Morilla y Avellano,


plaintiff-appellee accused-appellant
Perez, J.

FACTS:
That on or about October 13, 2001, in Barangay Kiloloran, Municipality of Real, Province of Quezon,
Morilla, Mayor Mitra, Willie Yang y Yao (Yang) and Ruel Dequilla y Regodan (Dequilla) , who are believed
to belong to an organized/syndicate crime group as they all help one another, for purposes of gain in the
transport of illegal drugs, and in fact, conspiring and confederating together and mutually aiding and
abetting one another, transport by means of two (2) motor vehicles, namely a Starex van bearing plate
number RWT-888 with commemorative plate to read "Mayor" and a municipal ambulance of Panukulan,
Quezon Province, methamphetamine hydrochloride, a regulated drug which is commonly known as shabu,
and with an approximate weight of five hundred three point sixty eight (503.68) kilos;
The Regional Trial Court of Quezon City then convicted Morilla and his co-accused Mayor Mitra, of illegal
transport of shabu, with an approximate weight of five hundred three point sixty eight (503.68) kilos.
However, it absolved Dequilla and Yang due to the prosecutions failure to present sufficient evidence to
convict them of the offense charged.

ISSUE:
Whether or not Morilla and his co-accused Mayor Mitras conviction for conspiracy for the offense committed
is tenable.

HELD:
YES.
The appellate court affirmed the ruling of the trial court. It upheld the finding of conspiracy between Mayor
Mitra and Morilla in their common intent to transport several sacks containing methamphetamine
hydrochloride on board their respective vehicles. The singularity of their intent to illegally transport
methamphetamine hydrochloride was readily shown when Morilla agreed to drive the ambulance van from
Infanta, Quezon to Manila together with Mayor Mitra, who drove the lead vehicle, the Starex van. The
appellate court likewise dismissed the argument of lack of knowledge of the illegal contents of the sacks.
The claim that the sacks were loaded with wooden tiles was implausible due to the obvious disparity of
texture and volume.
A conspiracy exists when two or more persons come to an agreement concerning the commission of a
felony and decide to commit it. To determine conspiracy, there must be a common design to commit a
felony.
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. His
insistence that he was without any knowledge of the contents of the sacks and he just obeyed the instruction
of his immediate superior Mayor Mitra in driving the said vehicle likewise bears no merit.
WHEREFORE, premises considered, the petition is DENIED and the assailed 13 July 2009 Decision of
the Court of Appeals in CA-G.R. CR-H.C. 02967 is AFFIRMED WITH MODIFICATION with respect
G.R. No. 189833 People v. Morilla February 5, 2014

to the penalty to be imposed as Reclusion Perpetua instead of Life Imprisonment and payment of fine of
P10,000,000.00 by each of the accused.

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