PEOPLE V. ERNESTO ENRIQUEZ AND WILFREDO ROSALES 16. 7 min. later, as so pre-arranged, Sgt.
min. later, as so pre-arranged, Sgt. followed and proceeded to the house
G.R. No. 99838. October 23, 1997. Vitug
Topic: Relation of RPC to special laws
Facts:
1. 11am. June 5, 1990. Sgt. Cerrillo Jr., the OIC of the Intelligence and Drug
Law Enforcement Unit of Police Station No. 2 (Tondo), was in the vicinity of
North Harbour routinely scouting for information from his civilian informants
2. Near the gate fronting Pier 10, Danny, a porter and member of the Anti-
Drug Abuse Movement (ADAM), approached and informed Sgt. Cerrillo Jr.
that a free-lance porter at the Harbour, aka Bulag, was looking for buyers
of marijuana
3. Sgt. Instructed Danny to say he had come across a couple who would be
interested.
4. Patrolwoman Maramot who was manning Police Station 2 was briefed of
the buy bust plan. The other officers were at the time on duty at the US
Embassy where a rally by certain activists was in progress [no mention kung
sinong grupo]
5. Sgt., using his own owner type jeep, went to his house at 727 Moriones St.,
Tonod, Manila, to procure 10 pcs of 100 peso bills. Went to the nearest store
from the police station and made Xerox copies of the bills – serial numbers
could be seen from the copies. Sgt. also wrote down the serial numbers in
his personal notebook
6. At the station, Sgt. handed the money to Maramot
7. Since there were no other operatives at the station. Sgt. sought the
assistance of ADAM members Mendoza, Betita, and Trinidad.
8. The team, including Danny were briefed
a. Maramot and Mendoza were to pose as couples interested in
buying marijuana
b. Trinidad, Betita, and Sgt. as back up men
c. Maramot was to nod her head as soon as the sale was
consummated
9. 11 35 am, the group using two vehicles proceeded to Pier 10. At the corner
of Moriones St. and Radial Road 10
10. Maramot and Mendoza sat on a bench by a store to wait for the return of
Danny who left to fetch Bulag. The others strategically positioned
themselves at a billiard hall – 10 meters away from Maramot’s group. There
was good view
11. Later, Danny arrived with Rosales aka Bulag. After 5 min., the Maramot,
Mendoza, Rosales and Danny entered an alley, walking along shanties,
until they reached house number 1349
12. A half naked man in green shorts emerged from one of the door. Enriquez
aka Nene
13. Enriquez asked Maramot in Visayan accent “dala mo ba ang pera?”
14. Maramot took out from here pocket the marked money
15. Enriquez allowed them to enter the house
17. Finding the door closed, he went around the house
18. Sgt. saw Maramot, Mendoza, and Danny exit through the back door.
Rosales carrying a plastic bag
19. The group followed then until they reached a nearby waiting shed for
jeepney passengers
20. At this time Maramot announced that she was a policewoman. Sgt. held
Rosales and took his bag. Sgt. Cerrillo opened the sack, and inside was
another sack of marijuana wrapped in plastic
21. Group hurriedly returned to house no. 1349. Enriquez was no longer there.
22. The team boarded the police service jeep and moved to Kagitingan St,
and the Lakandula detachment
23. Sgt., interviewed Rosales
24. Upon being informed that Enriquez would usually visit the Pier 10 area, Sgt.
proceeded to the place
25. After scouring the area, a security guard supervisor at the pier, who
accompanied the group, spotted Enriquez walking near the pier
26. Sgt., picked up Enriquez and brought him to the Lakandula detachment for
investigation
27. Later, Minda, the wife of Enriquez, arrived.
28. Minda was fetched, at the request of Enriquez, and was told to bring the
money
29. Minda took out the money from her wallet: three if which were the 100 peso
marked bills
30. Minda became hysterical, embraced Sgt., and begged him to forgive her
husband
31. Sgt. told Minda to see the station commander
32. Defendants were apprised of their constitutional rights
33. Enriquez, in front of his wife, was told that he should look for a lawyer so that
his statements could be taken. Sgt. prepared the request for the
examination of evidence taken from the accused and the affidavit of
Enriquez’s arrest
34. On the evening of June 5 1990. Minda and other relatives of Enriquez
approached Sgt. for the possibility of settling the case
35. During trial, another relative, a senior supervising agent of the Napolcom,
also approached and requested Sgt. to help out
36. Marmot, 37, assigned to Police Station 2
a. Corroborated Sgt.
b. That when Enriquez was about to give the marijuana, Enriquez
changed his mind and decided have Rosales personally deliver
the marijuana
c. Maramot followed Rosales until Maramot finally introduced herself
as a policewoman
d. Rosales attempted to board a passing jeep but the group rushed
in and were able to get a hold of Rosales
37. NBI Forensic Chemist issued a certification that it was Marijuana (6 kgs)
38. Case was endorsed to the City Prosecutor
39. Inquest fiscal recommended that the 2 be charged with violation of Sec. 4
Art II of RA 6425
Defense
Rosales:
1. He came from Bohol to Manila. Stayed with Enriquez (his cousin), while
working as an extra porter of William Lines
2. At 11 30 am, he was on his way from work when a male person sought
assistance in carrying a sack to a place where jeepney commuters would
take their ride
3. Sack was colored white and emitted the smell of dried fish
4. He was promised P20 in exchange for his help
5. A security guard whom he identified Ciesta, blocked and pushed him inside
a vehicle where he was handcuffed
6. During the commotion, the sack disappeared
7. Rosales was brought to a house near the slum area in Parola where 20k was
quoted for his release by Sgt.
8. Rosales did not heed the demand was brought to Lakandula detachment
and then to Station 2
Enriquez:
1. Resident of 1349-C Alinian St, Tondo, Manila
2. He was in the business of purchase and sale of oil are the North Harbor,
under the business name of Nie-Men R. Enriquez Enterprises, being the
grantee of a permit to operate an oil sludge collection service
3. He was under contract by Lorenzo Shipping
4. He was also the VP of Kapisanan ng Maralitang Naninirahan sa Rondo, Inc.
– a civic organization and a recipient of a certification of merit from the
National Steel Corporation
5. In the morning of June 5. He left his house at around 11 45 for Pier 10. 30
min, way walk from his residence. To meet his brother, Victor Enriquez, at
the pier.
6. He had with him 2k in 100 denominations stacked in his wallet
7. Robinson Lumbis, a neighbor who was road testing his cab along the
Harbor, saw and greeted Enriquez
8. Betty Quimbo, another neighbor saw Enriquez with his brother.
9. He took his lunch at home and thereafter returned to the pier
10. He was not able to spend the night at his house
11. The next day, around 2pm, Enriquez went to the maintenance section of
Lorenzo to pay for the oil he obtained from the vessel
12. Ciesta, the OIC of the security guards of the shipping line, invited Enriquez,
and the latter agreed, to join Ciesta to earn some extra money
13. The two left for the squatters area in Parola, once there, Ciesta told Enriquez
to approach a certain person (Sgt.)
14. He went to Sgt., Sgt., immediately handcuffed him
15. Sgt. demanded 20k in exchange for his freedom. Refused. Brought to
Lakandula. The 2k in his wallet was taken and presented in evidence as the
amount used in the buy bust operation
16. He was brought to station 2 for investigation
17. Ciesta went to tell Arminda, the wife of Enriquez, to bring some money
18. Arminda went to the station, she brought money.
19. She was asked if she had the money. That person grabbed her wallet, took
its contents and later returned the empty wallet
RTC: both are guilty. Both appealed
Issue: Whether Rosales should only be held accountable for attempted delivery
of prohibited drug. NO.
 Rosales believes that his act of carrying the sack of marijuana is a mere
attempt to deliver the prohibited drug
 Here, he seeks to capitalize on his being supposedly still in the subjective
phase of the crime. Appellant Rosales thus submits that, he should only be
held accountable for attempted delivery of a prohibited drug
 The subjective phase in the commission of a felony is that portion of its
execution starting from the point where the offender begins by overt acts
to pursue the crime until he is prevented, against his will, by some outside
cause from performing all of the acts which would produce the offense.
 If the subjective phase has not yet passed, then the crime is only attempted
 If that phase has been done but the felony is not produced, the crime is
frustrated.
 The crime is consummated if, following the subjective phase, the last of the
elements of the felony meets to concur
 These rules are inapplicable to offenses governed by special laws
 Unfortunately for Rosales, the crime with which he is being charged is
penalized by a special law. The incomplete delivery claimed by appellant
Rosales, granting that it is true, is thus inconsequential. The act of conveying
prohibited drugs to an unknown destination has been held to be
punishable and it is immaterial whether or not the place of destination of
the prohibited drug is reached.