People of the Philippines, Plaintiff-Appellee,

Vs.

Javier Morilla Y AVELLANO, Accused-Appellant

GR No. 189833, Febuary 5, 2014

A. Conspiracy case of Morilla and Mitra on shabu

B. Accused:
Javier Morilla
Mayor Mitra
Willie Yang
Ruel Dequilla

C. Illegal transportation of illegal drugs filed by RTC

Conspiracy between Mitra and Morilla filed by the CA

D. No Injuries/ damage were sustained

E. Yang and Dequilla—found to be present inside the ambulance driven by Morilla. The trial court
absolved them due to failure on the part of the prosecution to establish their guilt beyond reasonable
doubt.

F. Crimes liabilities
(1) Illegal transportation of methamphetamine hydrochloride.
The penalty was amended in Repuplic Act No. 7659, where the penalty was changed to reclusion
perpetua to death and a fine ranging from P500,000-10,000,000.
(2) Conspiracy and felony are generally not punishable but conspiracy can determine the degree of
participation in criminal offenses in order to determine criminal liability.

G. Facts:
On or about October 13, 2001, the accused(Morilla, Mitra, Yang and Dequilla) all belonging to a
syndicate crime group were found to be conspiring and confederating together in transporting illegal
drugs by means of 2 vehicles; The Starex Van driven by Mitra and an ambulance driven by Morilla during
a police checkpoint in Panulukan Quezon.
While on a checkpoint, the Starex van of Mayor was able to pass the inspection, but the ambulance that
was driven by Morilla was inspected when the police noticed some sacks inside the van. They asked
Morilla to open the sacks but he refused, suggesting that they were only pieces of narra and the sacks
are of Mayor’s. The police insisted to inspect and thereafter, they discovered the sacks of shabu. The
discovery prompted the police to chase the Starex Van of Mitra and later discovered that there were
also sacks of shabu inside the car.

RTC found Mayor Mitra and Morilla guilty beyond reasonable doubt of violating Dangerous Drug Act and
and was sentenced to suffer life imprisonment and to pay fine of P10 Million each. CA affirmed the
decision. Thereafter, Morilla raised the issue and filed a petition arguing that he was without any
knowledge of the contents of the sacks and that he was merely requested by certain Ben Tan to
transport them to Manila because Tan bought his fishing boat.

H. ISSUE: Whether or not Morilla is conspiring with Mayor Mitra

I. RULING: YES. The CA affirmed the ruling of the trial court finding conspiracy between Mayor Mitra and
Morilla in their common intent to transport the sacks containing shabu on board their respective
vehicles. The appellate court likewise dismissed the argument of lack of knowledge of the illegal
contents inside the sacks. The petition was denied and the decision of the CA is affirmed with
modification with respect to the penalty to be imposed as Reclusion Perpetua instead of life
imprisonment and payment of P10,000,000.00 by each accused.

In conspiracy, it is not be shown that the parties actually came together and agree in express terms to
enter into and pursue a common desire. 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.