Valenton, Francis Angelo T.

Criminal Law 2

1S

People vs. Que Ming Kha (G.R. No. 133265)

Facts: The plaintiff-appellee is the People of the Philippines. The accused-appellants are Que
Ming Kha alias Alfonso Go and Kim Que Yu alias Alfonso Que. In the case at bar, The Chief
Inspector Fuente, tte head of Intelligence and Investigation Division, received an phone call from
an informant that a blue Kia Pergio van was used to transport shabu, was seen within the vicinity
of Brgy. Holy Spirit, Quezon City. Hence, the Chief Inspector dispatch three teams to monitor
the can. Later on, they were able to apprehend the can at Commonwealth Avenue. The member
of the team approached the can and introduced themselves a police officer. They noticed Kha on
the driver’s seat while Yu was on the passenger seat. They peered through the window and
noticed several sacks placed on the floor at the back of the can. They opened one of the sacks,
and noticed that it contained several plastic bags containing crystalline substance. Hence, the
arrest. The driver accused contends otherwise. He said that he was merely a driver of the van,
and was not aware of the contents found therein. Also, the van was just along Don Antonio
Avenue, and not along Commonwealth Avenue when the police approached him. The RTC
nonetheless held him guilty for violation of RA 6425 for knowingly transporting or distributing
dangerous drugs.

Issue: Is the accused guilty for transporting dangerous drugs.

Held: The Supreme Court said that they cannot believe that policemen calculated the chase and
ought to suspect that its passenger pose a clear danger, yet, they did not secure reinforcements.
The Supreme Court said that it could not have speed away given the traffic conditions. However,
it does not negate the fact that the adduced evidence from the accused will also be negated. The
Supreme Court affirmed the convition of Alfonso Go for having transported the saidn dangerous
drugs seized.