SHABU MAYOR

People vs Morilla
GR 189833, February 5, 2014
FACTS:
Mayor Ronnie Mitra (Panukulan, Quezon) and Javier Morilla were caught in flagrante delicto
while transporting shabu on board a Starex van (driven by Mayor) and an ambulance (driven by Morilla).
On a checkpoint at Real, Infanta Quezon, the Starex van was able to pass; however, police officers
ordered the ambulance to stop. Policemen then ordered Morilla to open the rear door of the car for
inspection of several sacks which according to Morilla are narra wooden tiles. The contents turned to be
methamphetamine hydrochloride and this discovery prompted police officers to chase the Starex van.
They were able to stop Mayor Mitra and asked him of his knowledge of Morilla driving the ambulance
loaded with shabu. On plain view, operatives noticed that his van was also loaded with sacks like the ones
found in the ambulance. Taken together, they carry a total of approximately 503.68 kilos of shabu.
On trial, both accused argued that they have no knowledge of the contents of the vehicle. Morilla
further alleged that he only acted based on the instructions of the Mayor and hence, cannot be imputed to
be a member of the alleged organized/ syndicated group as the Information alleged him to be. Trial court
found conspiracy between Morilla and Mitra holding that they have the common intent to transport illegal
drugs.
(There were two other accused charged namely Dequilla and Yang but for failure of the prosecution to
establish their guilt beyond reasonable doubt, they were acquitted. The trial court ruled that being mere
passengers of the vehicle does not prove that they are also conspirators.)
CRIME CHARGED: Illegal transport of methamphetamine hydrochloride (Violation of RA 6245 or
Dangerous Drugs Act of 1972)
RTC Ruling: GUILTY of Illegal transport of methamphetamine hydrochloride
CA Ruling: GUILTY of Illegal transport of methamphetamine hydrochloride
ISSUE: Is there a conspiracy to commit the offense charged?
HELD:
Yes. A conspiracy exists when two or more persons come to an agreement concerning the commission of
a felony and decide to commit. (Article 8, RPC). To determine conspiracy, there must be a common
design to commit a felony.
The argument of Morilla that mere act of driving the ambulance does not establish that he was part of the
syndicated group is misplaced. 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. If indeed he was not involved in conspiracy with Mayor Mitra, he would
not have told the police officers that he was with the mayor. The very act of transporting
methamphetamine hydrochloride is malum prohibitum since it is punished as an offense under a special
law. The fact of transportation of the sacks containing dangerous drugs need not be accompanied by proof
of criminal intent, motive or knowledge.
Hence, the petition is DENIED.