FIRST DIVISION
G.R. No. 200087, October 12, 2016
YOLANDA LUY Y GANUELAS, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
D E C I S I O N
BERSAMIN, J.:
This case involves the criminal attempt by the petitioner to smuggle dangerous drugs (shabu) inside a detention facility to her detained husband by submerging the packets of shabu inside a plastic jar filled with strawberry juice and cracked ice. The attempt failed because of the alacrity of the lady guard manning the entrance of the jail compound.chanroblesvirtuallawlibrary
That on or about the twenty-fifth (25th) day of October 2004, in the City of Olongapo, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, did then and there willfully, unlawfully and knowingly have in her effective possession and control six (6) heat-sealed transparent plastic sachets containing Methamphetamine Hydrochloride otherwise known as 'Shabu' with an approximate total weight of Two Gram (sic) and Six Tenth (2.6) of a gram which is a dangerous drugs (sic), said accused not having the corresponding license or prescription to possess said dangerous drugs, (sic)chanrobleslaw
CONTRARY TO LAW.3
During the trial, the prosecution presented the lone testimony of Jail Officer 3 Myrose Joaquin, while the accused-appellant testified for the defense.chanrobleslaw
As part of her testimony, JO3 Joaquin claimed that on 25 October 2004, she was doing her usual duty as female guard at the gate of the Bureau of Jail Management Bureau Olongapo City. When she searched the effects of accused-appellant for possible contrabands, her attention was called on the strawberry juice placed in a white container full of cracked ice inside. When she was asked what was unusual about the juice, JO3 Joaquin answered that accused-appellant can make the juice inside if she wanted to. To quell her suspicion, JO3 Joaquin asked accused-appellant if she could transfer it in another container but accused-appellant refused. JO3 Joaquin insisted, nevertheless. They then went to the guardhouse and transferred the juice into a bowl. As the ice inside scattered, the illegal drugs were revealed. Accused-appellant allegedly pleaded for her not to report the matter to the jail warden, but JO3 Joaquin ignored her plea. After bringing accused-appellant to the jail warden, they brought the confiscated items to the laboratory for examination. The examination revealed that the confiscated items were positive for methamphetamine hydrochloride.
JO3 Joaquin also identified the accused-appellant in court and the confiscated items and claimed that they can identify them to be the same items seized from accused-appellant because of the markings she placed thereon.
On cross-examination, JO3 Joaquin explained that the heat-sealed plastic sachets were wrapped with a plastic and two (2)-peso coin. She also admitted that she placed accused-appellant on a close watch because even prior to the incident, accused-appellant would bring with her ready-made juice, making her think that accused-appellant was peddling illegal drugs inside the prison. Finally, she claimed that she never had a misunderstanding with accused-appellant prior to the date of the incident.
Accused-appellant, on the other hand, claimed that on 25 October 2004, she was at the BJMP to visit her husband, Nestor, a prisoner therein. As she was about to go inside the compound, a certain Melda called her and requested that she give the juice to her husband, a certain Bong, who was also a prisoner at the BJMP. Accused-appellant initially declined and advised Melda to go personally so she could talk to her husband. Melda, however, was supposedly in a hurry as she still had to fetch her child. Melda allegedly also had no identification at that time. Because of Melda's insistence, accused-appellant acceded to her request and got Melda's plastic box containing a Tupperware and a juice container. When she was asked who could corroborate this story, accused-appellant claimed that nobody saw Melda handed (sic) to her the juice container as she had no companion at that time.
Accused-appellant further stated that after receiving Melda's items, she already went inside the compound and went passed (sic) through the routine security inspection. When JO3 Joaquin transferred the juice into a bowl, she saw a plastic that contained two (2) coins. Thereafter, JO3 Joaquin brought her to the office of the BJMP. After a while, she was detained.
On cross-examination, accused-appellant admitted that her husband was convicted of a drug-related case and that she, herself, was once detained before. She did not know the full name of Melda or her husband but she had seen them in the past inside the jail. She also admitted that there can be no dispute that the drugs were found in her possession but maintained that the same came from Melda.4
WHEREFORE, this Court finds accused Yolanda Luy y Ganuelas guilty beyond reasonable doubt of violation of Section 11, Article II, R. A. 9165 and is hereby sentenced to suffer the penalty of imprisonment of twelve (12) years and one (1) day and to pay a fine of P300,000.00 with subsidiary imprisonment in case of inability to pay the fine. The illegal drug confiscated from the accused is hereby ordered to be turned over to the Philippine Drug and (sic) Enforcement Agency (PDEA) for disposition in accordance with law.chanrobleslaw
SO ORDERED.6
WHEREFORE, premises considered, the instant Appeal is DENIED. The assailed Decision of the court a quo is AFFIRMED IN TOTO.chanrobleslaw
SO ORDERED.7
Section 11. Possession of Dangerous Drugs. — The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess any dangerous drug In the following quantities, regardless of the degree of purity thereof:cralawlawlibrarychanrobleslaw
x x x x
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred thousand pesos (P300,000.00) to four hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or less than three hundred (300) grams of marijuana.
Section 1. Hereafter, in imposing a prison sentence for an offense punished by the Revised Penal Code, or its amendments, the court shall sentence the accused to an indeterminate sentence the maximum term of which shall be that which, in view of the attending circumstances, could be properly imposed under the rules of the said Code, and the minimum which shall be within the range of the penalty next lower to that prescribed by the Code for the offense; and if the offense is punished by any other law, the court shall sentence the accused to an indeterminate sentence, the maximum term of which shall not exceed the maximum fixed by said law and the minimum shall not be less than the minimum term prescribed by the same. (As amended by Act No. 4225)chanrobleslaw
The need for specifying the minimum and maximum periods of the indeterminate sentence is to prevent the unnecessary and excessive deprivation of liberty and to enhance the economic usefulness of the accused, since he may be exempted from serving the entire sentence, depending upon his behavior and his physical, mental, and moral record.chanrobleslaw
The requirement of imposing an indeterminate sentence in all criminal offenses whether punishable by the RPC or by special laws, with definite minimum and maximum terms, as the Court deems proper within the legal range of the penalty specified by the law must, therefore, be deemed mandatory.
Article 39. Subsidiary penalty. — If the convict has no property with which to meet the fine mentioned in the paragraph 3 of the next preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos, subject to the following rules:cralawlawlibrarychanrobleslaw
x x x x
3. When the principal imposed is higher than prision correctional, no subsidiary imprisonment shall be imposed upon the culprit.
x x x x
Endnotes:
1Rollo, pp. 18-26; penned by Associate Justice Rodil V. Zalameda, with the concurrence of Associate Justice Amelita G. Tolentino (retired) and Associate Justice Normandie B. Pizarro.
2 Id. at pp. 28-35; penned by Acting Presiding Judge Clodualdo M. Monta.
3 Id. at 19.
4 Id. at 19-22.
5 Supra note 2.
6Rollo, p. 22.
7 Id. at 26.
8 Gulmatico v. People, G.R. No. 146296 October 15, 2007 536 SCRA 82, 95; People v. De Guzman, G.R. Mo. 177569, November 28, 2007, 539 SCRA 306, 314; People v. Cabugatan, G.R. No. 172019, February 12, 2007, 515 SCRA 537, 547.People v. Taan, G.R. No. 169432, October 30, 2006, 506 SCRA 219, 230; Perez y. People, G.R. No. 150443, January 20, 2006, 479 SCRA 209, 219-220; People v. Tonog, Jr., G.R. No. 144497, June 29, 2004, 433 SCRA 139, 153-154; People v. Genita, Jr., G.R. No. 126171, March 11, 2004, 425 SCRA 343, 349; People v. Pacheco, G.R. No142887, March 2, 2004, 424 SCRA 164, 174; People v. Abolidor, G.R. No. 147231, February 18, 2004, 42 3 SCRA 260, 265-266; People v. Santiago, G.R. No. 137542-43, January 20, 2004, 420 SCRA 248, 256.
9People v. Taan, G.R. No. 169432, October 30, 2006, 506 SCRA 219, 230; Bricenio v. People, G.R. No. 157804, June 20, 2006, 491 SCRA 489, 495-496.
10People v. Prajes, G.R. No. 206770, April 2, 2014, 720 SCRA 594, 601, citing People v. Vitero, G.R. No. 175327, April 3, 2013, 695 SCRA 54, 64-65.
11People v. Dela Cruz, G.R. No. 182348, November 20, 2008, 571 SCRA 469, 474-475.
12Rollo, p. 80.
13 Id. at 58.
14 Id. at 59.
15 Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity thereof:
x x x x.
16Portuguez v. People, G.R. No. 194499, January 14, 2015, 746 SCRA 114, 125, citing People v. Gonzaga, G.R. No. 184952, October 11, 2010, 632 SCRA 551, 569.
17People v. Garcia, G.R. No. 200529, September 19, 2012, 681 SCRA 465, 477.
18People v. Bontuyan, G.R. No. 206912, September 10, 2014, 735 SCRA 49, 61.
19 Rule 130 of the Rules of Court provides:cralawlawlibrary
Section 26. Admissions of a party. - The act, declaration or omission of a party as to a relevant fact may be given in evidence against him. (22)
20 Section 2. This Act shall not apply to persons convicted of offenses punished with death penalty or life imprisonment; to those convicted of treason, conspiracy or proposal to commit treason; to those convicted of misprision of treason, rebellion, sedition or espionage; to those convicted of piracy; to those who are habitual delinquents; to those who shall have escaped from confinement or evaded sentence; to those who having been granted conditional pardon by the Chief Executive shall have violated the terms thereof; to those whose maximum term of imprisonment does not exceed one year; nor to those already sentenced by final judgment at the time of approval of this Act, except as provided in Section 5 hereof. (As amended by Act No. 4225, Aug. 8, 1935)
21 Argoncillo v. Court of Appeals, G.R. No. 118806, July 10, 1998; 292 SCRA 313, 331; Bacar v. De Guzman, Jr., A.M. No. RTJ-96-1349, April 18, 1997, 271 SCRA 328, 339; People v. Lee, Jr., No. L-66859, September 12, 1984, 132 SCRA 66, 67.
22 Supra, at 340.
23 Article 10 of the Revised Penal Code states:cralawlawlibrary
Article 10. Offenses not subject to the provisions of this Code. — Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary.