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feloniously transport, without lawful authority 22.547 kilograms, more or
less of heroin a prohibited drug, without the corresponding license or
prescription.
CONTRARY TO LAW.[5]
Upon motion by the prosecution,[6] the two cases were consolidated.[7] During the
arraignment, both Nzenza[8] and Williams[9] pleaded not guilty to the charges against
them and thereafter, trial ensued.
Seven witnesses were presented by the prosecution. SPO4 Roberto Medrano and
Customs Examiner Gil Calixihan testified against Williams, while Customs Police Captain
Juanito Algenio and Ninoy Aquino International airport (NAIA) Police Officer Gregorio
Mendiola testified against accused- appellant Nzenza.
Three other witnesses, namely, Customs Examiner Leopoldo Quisto, NAIA Police
Captain Rodolfo Samala, Jr. and Philippine National Police (PNP) Forensic Chemist
Noemi Austero also testified against both Williams and Nzenza.
The prosecution presented the following version of the facts:
On December 19, 1992, at about 1:30 in the afternoon, SPO4 Roberto Medrano,
supervisor of the First Aviation District of the NAIA, was at the lobby of the NAIA
Departure Area looking at the baggage x-ray machine monitor. At around that time, he
noticed some rectangular objects inside two suitcases which were passing through. He
inquired from a tall, dark man entering the walk-through if the latter owned the two
pieces of luggage. The man, who identified himself as Austin Williams, nodded and
acknowledged ownership of the said two suitcases.[10]
Medrano then requested Williams to allow his two suitcases to be examined by Customs
Examiner Gil Calixihan, who also caught sight of the rectangular objects.[11] Williams
obliged and proceeded to open the first suitcase which had combination locks. After
removing William's clothes therefrom, Medrano and Calixihan noticed that the suitcase
had a shallow base and a false bottom. Suspicious of its contents, Medrano requested
for a re-examination of the suitcase. [12]
Calixihan likewise testified that while he was on duty at the NAIA departure area on
December 19, 1992, at about 1:30 p.m., he also saw Williams pick up the two suitcases
which just rolled out from the luggage x-ray area and place them on top of a pushcart.
Upon reaching the Customs area, Calixihan requested Williams to open said pieces of
luggage, which the latter acknowledged as his, for examination.[13]
Leopoldo Quisto, another Customs Examiner, testified that when he was inspecting the
suitcases passing through the x-ray machine, he saw some blurred rectangular objects
inside the same.
He waited for somebody to lift the suitcases. Shortly thereafter, he
saw a black man, who was later identified as the accused Williams, lifting the same.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52099
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