THE PEOPLE OF THE PHILIPPINES, vs. LO HO WING alias PETER LO, LIM CHENG HUAT alias ANTONIO LIM and REYNALDO TIA y SANTIAGO. LO HO WING alias PETER LO.
- G.R. Number: G.R. No. 88017
- Promulgated: 1991-01-21
- Ponente: Gancayco, J.
Doctrine
When two or more persons are jointly charged, the court has sound discretion to discharge one or more with their consent to be witnesses for the state, provided the rule's conditions exist and the testimony is substantially corroborated.
The act of 'transport' is established by actual conveyance; it is immaterial whether destination was reached—being caught in the act suffices.
Facts
Appellant Peter Lo and co-accused Lim Cheng Huat and Reynaldo Tia were charged with unlawful transport of methamphetamine under RA No. 6425 before Branch 114, RTC Pasay City; only Lo and Lim were convicted, Tia was discharged as state witness.
The trial court credited testimonies of government anti-narcotics operatives and applied the presumption of regularity in the performance of official duties.
The trial court found law enforcers caught the accused in flagrante delicto transporting a prohibited drug; actual conveyance was held sufficient to establish transport.
Issues
Whether the discharge of co-accused Reynaldo Tia to testify for the prosecution was proper under the rule on discharge of accused to be state witness.
Whether the trial court correctly applied the presumption of regularity to the testimony of government anti-narcotics operatives to support conviction.
Ruling
Yes. The Court affirmed the trial court's discretionary discharge of accused Tia as a state witness, noting appellant did not allege noncompliance with the rule's conditions and that corroboration requirement was met. Appeal dismissed; decision affirmed in toto; no costs.
Yes. The Court upheld giving full credence to government operatives' testimony by applying the presumption of regularity, supporting the convictions for unlawful transport.
Keywords
G.R. No. 88017, Dangerous Drugs Act of 1972, Republic Act No. 6425 as amended, Section 15, Article III, metamphetamine hydrochloride, poor man's cocaine, life imprisonment, state witness, conspiring and confederating together, unlawful transport, regulated drug, OPLAN SHARON 887, deep penetration agents, undercover activities, illegal drugs, smuggling of contraband goods, gunrunning, probable cause, warrantless search, appellant