THIRD DIVISION

[G.R. No. 143944. July 11, 2002.]

THE PEOPLE OF THE PHILIPPINES , plaintiff-appellee, vs . BASHER

BONGCARAWAN y MACARAMBON , accused-appellant.

DECISION

PUNO , J : p

This is an appeal from the Decision 1 dated December 27, 1999 of the Regional Trial
Court of Iligan City, Branch 06, in Criminal Case No. 06-7542, nding accused Basher
Bongcarawan y Macarambon guilty beyond reasonable doubt of violation of Section 16,
Article III of Republic Act No. 6425 2 as amended, and sentencing him to suffer the penalty
of reclusion perpetua, and to pay a ne of Five Hundred Thousand Pesos (P500,000.00)
without subsidiary imprisonment in case of insolvency. cDAITS

Accused Basher Bongcarawan y Macarambon was charged in an Information which

reads, thus: cEaSHC

"That on or about March 13, 1999, in the City of Iligan, Philippines, and
within the jurisdiction of this Honorable Court, the said accused, without authority
of law, did then and there wilfully, unlawfully and feloniously have in his
possession, custody and control eight (8) packs of Methamphetamine
Hydrochloride, a regulated drug commonly known as Shabu, weighing
approximately 400 grams, without the corresponding license or prescription.

Contrary to and in violation of Section 16, Article III of RA 6425, otherwise

known as the Dangerous Drugs Act of 1972, as amended by RA 7659." 3

During the arraignment, the accused pleaded not guilty. Trial ensued.
Evidence for the prosecution shows that on March 11, 1999, an interisland
passenger ship, M/V Super Ferry 5, sailed from Manila to Iligan City. At about 3:00 a.m. on
March 13, 1999, the vessel was about to dock at the port of Iligan City when its security
o cer, Mark Diesmo, received a complaint from passenger Lorena Canoy about her
missing jewelry. Canoy suspected one of her co-passengers at cabin no. 106 as the culprit.
Diesmo and four (4) other members of the vessel security force accompanied Canoy to
search for the suspect whom they later found at the economy section. 4 The suspect was
identi ed as the accused, Basher Bongcarawan. The accused was informed of the
complaint and was invited to go back to cabin no. 106. With his consent, he was bodily
searched, but no jewelry was found. He was then escorted by two (2) security agents back
to the economy section to get his baggage. The accused took a Samsonite suitcase and
brought this back to the cabin. When requested by the security, the accused opened the
suitcase, revealing a brown bag and small plastic packs containing white crystalline
substance. Suspecting the substance to be "shabu," the security personnel immediately
reported the matter to the ship captain and took pictures of the accused beside the
suitcase and its contents. They also called the Philippine Coast Guard for assistance. 5 At
about 6:00 a.m., Lt. Robert Patrimonio, YN Aurelio Estoque, CD2 Phoudinie Lantao and
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 RM3 Merchardo De Guzman of the Philippine Coast Guard arrived and took custody of the
accused and the seized items — the Samsonite suitcase, a brown bag 6 and eight (8) small
plastic packs of white crystalline substance. 7 When asked about the contraband articles,
the accused explained that he was just requested by a certain Alican "Alex" Macapudi to
bring the suitcase to the latter's brother in Iligan City. 8 The accused and the seized items
were later turned over by the coast guard to the Presidential Anti-Organized Crime Task
Force (PAOCTF). Chief Inspector Graciano Mijares and his men brought the accused to the
PAOCTF Headquarters, 9 while the packs of white crystalline substance were sent to the
NBI Regional O ce in Cagayan de Oro City for laboratory examination. NBI Forensic
Chemist Nicanor Cruz later con rmed the substance to be methamphetamine
hydrochloride, commonly known as "shabu," weighing 399.3266 grams. 1 0
The accused testi ed and proffered his own version. On March 11, 1999, at about
10:00 p.m., he was in Quiapo, Manila where he met Alican "Alex" Macapudi, a neighbor who
has a store in Marawi City. He was requested by Macapudi to bring a Samsonite suitcase
containing sunglasses and watches to Iligan City, and to give it to Macapudi's brother at
the Iligan port. He boarded the M/V Super Ferry 5 on the same night, carrying a big luggage
full of clothes, a small luggage or "maleta" containing the sunglasses and brushes he
bought from Manila, and the Samsonite suitcase of Macapudi. 1 1 He stayed at cabin no.
106. At about 4:00 a.m. of March 13, 1999, as the vessel was about to dock at the Iligan
port, he took his baggage and positioned himself at the economy section to be able to
disembark ahead of the other passengers. There, he met a friend, Ansari Ambor. While they
were conversing, ve (5) members of the vessel security force and a woman whom he
recognized as his co-passenger at cabin no. 106 came and told him that he was suspected
of stealing jewelry. He voluntarily went with the group back to cabin no. 106 where he was
frisked. Subsequently, he was asked to get his baggage, so he went back to the economy
section and took the big luggage and Macapudi's Samsonite suitcase. He left the small
"maleta" containing sunglasses and brushes for fear that they would be con scated by the
security personnel. When requested, he voluntarily opened the big luggage, but refused to
do the same to the Samsonite suitcase which he claimed was not his and had a secret
combination lock. The security personnel forcibly opened the suitcase and found packs of
white crystalline substance inside which they suspected to be "shabu." They took pictures
of him with the merchandise, and asked him to sign a turn over receipt which was later
given to the Philippine Coast Guard, then to the PAOCTF. 1 2
On December 27, 1999, the trial court rendered judgment, the dispositive portion of
which reads:
"WHEREFORE, the court nds the accused Basher Bongcarawan y
Macarambon GUILTY beyond reasonable doubt as principal of the offense of
violation of Section 16, Art. III, R.A. No. 6425 as amended by R.A. No. 7659 and
hereby imposes upon him the penalty of RECLUSION PERPETUA and a ne of
FIVE HUNDRED THOUSAND (P500,000.00) PESOS, without subsidiary
imprisonment in case of insolvency.

Having been under preventive imprisonment since March 13, 1999 until the
present, the period of such preventive detention shall be credited in full in favor of
the accused in the service of his sentence.

The 399.3266 grams of methamphetamine hydrochloride or shabu is

hereby ordered delivered to the National Bureau of Investigation for proper
disposition.

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 SO ORDERED." 1 3

Hence, this appeal where the accused raises the following assignment of errors:
"I.
THE COURT A QUO ERRED IN SO HOLDING THAT THE DRUG CONFISCATED IS
ADMISSIBLE IN EVIDENCE AGAINST THE ACCUSED/APPELLANT.

II.

THE COURT A QUO ERRED IN SO HOLDING THAT THE APPELLANT OWNED THE
CONFISCATED EVIDENCE AND THEREFORE ADMISSIBLE IN EVIDENCE AGAINST
HIM." 1 4

On the rst assignment of error, the accused-appellant contends that the Samsonite
suitcase containing the methamphetamine hydrochloride or "shabu" was forcibly opened
and searched without his consent, and hence, in violation of his constitutional right against
unreasonable search and seizure. Any evidence acquired pursuant to such unlawful search
and seizure, he claims, is inadmissible in evidence against him. He also contends that
People v. Marti 1 5 is not applicable in this case because a vessel security personnel is
deemed to perform the duties of a policeman.
The contentions are devoid of merit.
The right against unreasonable search and seizure is a fundamental right protected
by the Constitution. 1 6 Evidence acquired in violation of this right shall be inadmissible for
any purpose in any proceeding. 1 7 Whenever this right is challenged, an individual may
choose between invoking the constitutional protection or waiving his right by giving
consent to the search and seizure. It should be stressed, however, that protection is
against transgression committed by the government or its agent. As held by this Court in
the case of People v. Marti , 1 8 "[i]n the absence of governmental interference, liberties
guaranteed by the Constitution cannot be invoked against the State." 1 9 The constitutional
proscription against unlawful searches and seizures applies as a restraint directed only
against the government and its agencies tasked with the enforcement of the law. Thus, it
could only be invoked against the State to whom the restraint against arbitrary and
unreasonable exercise of power is imposed. 2 0
In the case before us, the baggage of the accused-appellant was searched by the
vessel security personnel. It was only after they found "shabu" inside the suitcase that they
called the Philippine Coast Guard for assistance. The search and seizure of the suitcase
and the contraband items was therefore carried out without government intervention, and
hence, the constitutional protection against unreasonable search and seizure does not
apply.
There is no merit in the contention of the accused-appellant that the search and
seizure performed by the vessel security personnel should be considered as one
conducted by the police authorities for like the latter, the former are armed and tasked to
maintain peace and order. The vessel security o cer in the case at bar is a private
employee and does not discharge any governmental function. In contrast, police o cers
are agents of the state tasked with the sovereign function of enforcement of the law.
Historically and until now, it is against them and other agents of the state that the
protection against unreasonable searches and seizures may be invoked.
On the second assignment of error, the accused-appellant contends that he is not
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 the owner of the Samsonite suitcase and he had no knowledge that the same contained
"shabu." He submits that without knowledge or intent to possess the dangerous drug, he
cannot be convicted of the crime charged. 2 1
We are not persuaded.
In a prosecution for illegal possession of dangerous drugs, the following facts must
be proven beyond reasonable doubt, viz: (1) that the accused is in possession of the
object identi ed as a prohibited or a regulated drug; (2) that such possession is not
authorized by law; and (3) that the accused freely and consciously possessed the said
drug. 2 2 The rst two elements were su ciently proven in this case, and were in fact
undisputed. We are left with the third.
As early as 1910 in the case of United States v. Tan Misa, 2 3 this Court has ruled that
to warrant conviction, the possession of dangerous drugs must be with knowledge of the
accused, or that animus possidendi existed together with the possession or control of
such articles. 2 4 It has been ruled, however, that possession of dangerous drugs
constitutes prima facie evidence of knowledge or animus possidendi su cient to convict
an accused in the absence of a satisfactory explanation of such possession. 2 5 Hence, the
burden of evidence is shifted to the accused to explain the absence of knowledge or
animus possidendi. 2 6
In this respect, the accused-appellant has utterly failed. His testimony,
uncorroborated, self-serving and incredulous, was not given credence by the trial court. We
nd no reason to disagree. Well-settled is the rule that in the absence of palpable error or
grave abuse of discretion on the part of the trial judge, the trial court's evaluation of the
credibility of witnesses will not be disturbed on appeal. 2 7 Moreover, evidence must be
credible in itself to deserve credence and weight in law. In this case, the accused-appellant
admits that when he was asked to get his baggage, he knew it would be inspected. 2 8 Why
he got the Samsonite suitcase allegedly not owned by him and which had a combination
lock known only to the owner remains unclear. He also claims that he did not present his
small "maleta" for inspection for fear that its contents consisting of expensive sunglasses
and brushes would be con scated, 2 9 but he brought the Samsonite suitcase which is not
his and also contained expensive sunglasses, and even watches. 3 0
The things in possession of a person are presumed by law to be owned by him. 3 1
To overcome this presumption, it is necessary to present clear and convincing evidence to
the contrary. In this case, the accused points to a certain Alican "Alex" Macapudi as the
owner of the contraband, but presented no evidence to support his claim. As aptly
observed by the trial judge:
"First, who is Alex Macap[u]di aka Ali[c]an Macap[u]di? Does he really exist
or simply a gment of the imagination? He says that Alex Macap[u]di is a friend
and a fellow businessman who has a stall selling sunglasses in Marawi City. But
no witnesses were presented to prove that there is such a living, breathing, esh
and blood person named Alex Macap[u]di who entrusted the Samsonite to the
accused. Surely, if he does exist, he has friends, fellow businessmen and
acquaintances who could testify and support the claim of the accused." 3 2

Mere denial of ownership will not su ce especially if, as in the case at bar, it is the
keystone of the defense of the accused-appellant. Stories can easily be fabricated. It
will take more than bare-bone allegations to convince this Court that a courier of
dangerous drugs is not its owner and has no knowledge or intent to possess the same.
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 WHEREFORE, the decision of the Regional Trial Court of Iligan City, Branch 06, in
Criminal Case No. 06-7542, convicting accused-appellant Basher Bongcarawan of violation
of Section 16, Article III of Republic Act No. 6425, as amended, and sentencing him to
suffer the penalty of Reclusion Perpetua and to pay a fine of Five Hundred Thousand Pesos
(P500,000.00) without subsidiary imprisonment in case of insolvency, is AFFIRMED.
Costs against the accused-appellant. IaHCAD

SO ORDERED.
Panganiban, Sandoval-Gutierrez and Carpio, JJ., concur.

Footnotes
1. Penned by Judge Valerio M. Salazar.

2. The Dangerous Drugs Act of 1972.

3. Rollo, p. 15.
4. Appellee's Brief, p. 3; Rollo, p. 89.

5. TSN, July 8, 1999, pp. 10-14, 24-28.

6. Exhibit "I-2".

7. Exhibits "I-3" to "I-10".

8. TSN, July 9, 1999, pp. 40-41.

9. TSN, July 7, 1999, p. 36.

10. Id., pp. 8-16. Exhibit "B".
11. TSN, July 23, 1999, pp. 4, 28-30.

12. Id., pp. 8-17; TSN, August 25, 1999, p. 14.

13. RTC Decision, p. 9; Rollo, p. 68.

14. Appellant's Brief, p. 1; Rollo, p. 48.

15. 193 SCRA 57 (1997).

16. Art. III, Sec. 2 of the 1987 Philippine Constitution provides:

Section 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.

17. Art. III, Sec. "(1) . . .

(2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding."

18. Supra note 15.

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 19. Id., p. 64. See also Waterous Drug Corporation v. NLRC, 280 SCRA 735, 747 (1997); and
People v. Mendoza, 301 SCRA 66, 81-82 (1999).
20. Id., p. 67.
21. Appellant's Brief, pp. 9-10; Rollo, pp. 56-57.

22. People v. Chen Tiz Chang, 325 SCRA 776, 790-791 (2000).
23. 17 Phil 463 (1910).

24. Supra, p. 465.

25. Id.; People v. Baludda, 318 SCRA 503, 511 (1999), citing U.S. v. Bandoc, 23 Phil 14
(1912).

26. People v. Burton, 268 SCRA 531, 551 (1997).

27. People v. Mendez, 335 SCRA 147 (2000).
28. Appellant's Brief, p. 9; Rollo, p. 56.
29. TSN dated July 23, 1999, pp. 12-13.
30. Id., p. 30.
31. Rule 151, Section 3(j) of the Revised Rules on Evidence provides:.
"Sec. 3. Disputable presumptions. — . . .
(j) That a person found in possession of a thing taken in the doing of a recent
wrongful act is the taker and the doer of the whole act; otherwise, that the things which a
person possesses, or exercises acts of ownership over, are owned by him."
32. RTC Decision, p. 8; Rollo, p. 67.

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