4/16/2021
E-Library - Information At Your Fingertips: Printer Friendly
while he was at the NAIA departure area waiting for his plane bound for Zurich,
Switzerland, a policeman approached him and asked for his passport. After Nzenza
gave his passport to said policeman, the latter walked off. Shortly thereafter, the
policeman apologized and returned Nzenza's passport.[46] Nzenza was then invited by
the customs personnel to an office containing numerous pieces of luggage and was
asked whether he was travelling alone, to which he replied in the affirmative.[47] They
later took him to Camp Crame where attempts were made to lock him up inside a cell
and where some policemen took his ticket, passport and other documents. [48] When
he was shown a photocopy of Swiss Air Ticket No. 2421431-046-6, he identified it to be
the same ticket he was holding onto on December 19, 1992. This plane ticket
contained his baggage identification numbers SR 450229 and SR 450246 for his two
pieces of luggage which he checked-in, as well the sequence number 85. He also
testified that he had a hand- carried bag[49] containing his trousers, t-shirts and photo
albums, which items were allegedly taken by the police and transferred to the suitcase
containing heroin.[50]
When Nzenza was confronted with the receipt of property indicating that 11.15
kilograms of heroin were found in his luggage, he said he signed the same because he
was told by the police that it was the receipt for his luggage which he wanted returned
to him. He claimed that the receipt was in "blank form" and he was not allowed to read
it.[51]
When asked if he carried heroin in his bag, he replied in the negative, that he did not
own the bag containing said substance and that he was only charged for said offense
because he was an African, and the airport police was tipped off that the carrier of the
prohibited drug was a black man. In fact, the baggage identification numbers of his
luggage were written by a customs personnel in his ticket, and SR 91 2058, referring to
the identification number of the baggage containing the heroin, was not indicated in his
plane ticket.[52]
He further testified that the two bags which he checked-in and his hand-carried bag
had been examined and cleared by Customs authorities, so he proceeded to the
Immigration Stamp-Out then proceeded to the Boarding Area. Nzenza contradicted
the testimonies of Captain Samala and Captain Algenio that he denied having checkedin any luggage. He averred that when he was asked if he had any check-in luggage, he
said "yes," thus he was taken to the tarmac to identify his luggage. He identified it in
the presence of the police.
Nzenza was consistent in his testimony that he checked-in only two pieces of luggage
as shown in his ticket and passport.[53] He denied that his photo albums were taken
from the luggage containing the heroin, and insisted that the two bags which he
checked-in or his hand-carried bag did not contain heroin or any other prohibited drug.
[54] He denied being present when his two suitcases were opened,[55] and remained
firm in his assertion that he signed the receipt involuntarily[56] and without the
assistance of counsel.[57]
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52099
6/15