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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
September-2009 Jurisprudence                 

  • A.C. No. 6672 - Pedro L. Linsangan v. Atty. Nicodemes Tolentino

  • A.C. No. 5955 - John Christen S. Hegna v. Atty. Goering G.C. Paderanga

  • A.C. No. 7297 - Imdelda Bides-Ulaso v. Atty. Edita Noe-Lacsamana

  • A.C. No. 7435 - Rey C. Sarmiento, et al. v. Atty. Edelson G. Oliva

  • A.C. No. 7547 - Gregory U. chan v. NLRC Commissioner Romeo L. Go, et al.

  • A.C. No. 7910 - Wen Ming W. Chen a.k.a. Domingo Tan v. Atty. F.D. Nicolas B. Pichay

  • A.M. No. 01-1-04-SC-PHILJA - Re: Further clarifying and strengthening the organization strcture and administrative set-up of the Philippine Judicial Academy

  • A.M. No. 06-3-07-SC - Request for the approval of the revised qualification standard for the chief of MISO

  • A.M. No. 2009-04-SC - Complaint of Atty. Wilhelmina D. Geronga againts Mr. Ross C. Romero, driver, shuttle bus no. 5 for reckless driving

  • A.M. No. CTA-05-2 - Office of the Court Administrator v. Concepcion G. Espineda, etc.

  • A.M. No. MTJ-06-1623 Formerly OCA IPI No. 04-1635-MTJ, A.M. NO. MTJ-06-1624 Formerly OCA IPI No. 04-1636-MTJ, A.M. NO. MTJ-06-1625 Formerly OCA IPI No. 04-1630-MTJ, A.M. NO. MTJ-06-1627 Formerly OCA IPI No. 04-1661-MTJ, A.M. NO. P-09-2693 Formerly OCA IPI

  • A.M. No. P-05-2046 Formerly No. 05-6-159-MCTC - Office of the Court Administrator v. Clerk of Court Fe P. Ganzan, MCTC, Jasaan, Misamis Oriental

  • A.M. No. P-06-2264 Formerly OCA I.P.I Nos. 05-2136-P and 05-2137-P - Atty. Lelu P. Contreras v. Teresita O. Monge, Clerk IV, Rigional Trial Court - Office of the Clerk of Court, Iriga City

  • A.M. No. P-07-2332 Formerly OCA I.P.I No. 07-2511-P - Dr. Salome U. Jorge v. Carlos P. Diaz, Deputy Sheriff, RTC, Branch 20, Tacurong, Sultan Kudarat

  • A.M. No. P-08-2433 Formerly OCA IPI No. 07-2667-P - Judge Jenny Lind Aldecia-Delorino v. Marilyn De Castro Remigio-Versosa, Clerk III, Regional Trial Court, Branch 137, Makati City

  • A.M. No. P-08-2570 Formerly A.M. OCA IPI No. 07-2547-P - Leticia Sales v. Arnel Jose A. Rubio, Sheriff IV, RTC, OCC, Naga City

  • A.M. No. P-09-2685 OCA-IPI No. 08-2839-P - P/Supt. Rene Macaling Orbe v. Marcos U. Digandang, Process Server, Regional Trial Court, Branch 14, Cotabato City

  • A.M. No. RTJ-01-1650 Formerly OCA IPI No. 01-1195-RTJ - Margie Corpus Macias v. Mariano v. Mariano Joaquin S. Macias, Presiding Judge, Branh 28, Regional Trial Court, Liloy, Zamboanga del Norte

  • A.M. No. RTJ-07-2089 Formerly OCA I.P.I. No. 07-2659-RTJ and A.M. NO. RTJ-0921-99 Formerly OCA I.P.I. No. 07-2698-RTJ- Land Bank of the Philippines v. Judge Ernesto P. Pagayatan

  • G.R. No. 132826 - Rolando Saa v. Integrated Bar of the Philippines, Commissoion on Bar Discipline, Board of Governors, Pasig City and Atty. Freddie A. Venida

  • G.R. NOS. 140743 & 140745 and G.R. NOS. 141451-52 - City Government of Tagaytay v. Hon. Eleuterio F. Guerrero, etc. et al.

  • G.R. No. 146534 - Spouses Hu Chuan Hai and Leonica Lim Hu v. Spouses Renato Unico and Maria Aurora J. Unico

  • G.R. NOS. 147026-27 - Carolina R. Javier v. Sandiganbayan, et al.

  • G.R. No. 148444 - Associated Bank (now United Overseas Bank [Phils.]) v. Spouses Rafael and Monaliza Pronstroller/Spouses Eduardo and Ma. Pilar Vaca (Intervenors)

  • G.R. No. 149588 - Francisco R. Llamas, et al. v. The Honorable Court of Appeals, et al.

  • G.R. No. 150664 - Vicente Dacanay, in his capacity as administrator of the Testate Estate of Tereso D. Fernandez v. Hon. Raphael Prastora Sr., etc., et al.

  • G.R. No. 151969 - Valle Verde Country Club, Inc., et al. v. Victor Africa

  • G.R. No. 152101 - Emcor, Incorporated v. Ma. Lourdes D. Sienes

  • G.R. No. 152614 - Salvador A. Fernandez v. Cristina D. Amagna

  • G.R. No. 154720 - Juan Balbuena and Teodulfo Retuya v. Leona Aparicio Sabay, et al.

  • G.R. No. 156164 - Sps. Leonardo and Milagros Chua v. Hon. Jacinto G. Ang, et al.

  • G.R. No. 157901 - Orix Metro Leasing and Finance Corporation v. M/V "PILAR-I" and Spouses Ernesto Dy and Lourdes Dy

  • G.R. No. 157952 - Jowett K. Golango v. Jone B. Fung

  • G.R. No. 158630 and G.R. No. 162047 - Joyce Y. Lim, represented by her attorney-in-fact Bernardo M. Nicolas

  • G.R. No. 159116 - Sps. Nestor and Felicidad Dadizon v. Hon. Court of Appeals and Sps. Dominador and Elsa Mocorro

  • G.R. No. 159710 - Carmen A. Blas v. Spouses Eduardo and Salud Galapon

  • G.R. No. 161902 - Edgar Mercado v. People of the Philippines

  • G.R. No. 162104 - R Transport Corporation v. Eduardo Pante

  • G.R. No. 163270 - Eduardo M. Tomada, Sr. v. RFM Corporation-Bakery Flour Division, et al.

  • G.R. No. 164104 - Philippine National Bank v. Gregorio B. Maraya, Jr. and Wenefrida Maraya

  • G.R. No. 164205 - Oldarico S. Trave o, et al. v. Bobongon Banana Growers Multi-Purpose Cooperative, et al.

  • G.R. No. 164435 - Victoria S. Jarillo v. People of the Philippines

  • G.R. No. 164549 - Philippine National Bank v. Spouses Agustin and Pilar Rocamora

  • G.R. No. 164815 - Sr. Inspector Jerry Valeroso v. Court of Appeals and People of the Philippines

  • G.R. No. 165141 - Peregina Mistica v. Republic of the Philippines

  • G.R. No. 166516 - Emma Ver Reyes and Ramon Reyes v. The Register of Deeds of Cavite, et al.

  • G.R. No. 166857 - D.M. Wenceslao & Associates, inc. v. Freyssinet Philippines, Inc.

  • G.R. No. 167330 - Philippine Health Providers, Inc. v. Commissioner of Internal Revenue

  • G.R. No. 167569, G.R. No. 167570 & G.R. No. 171946 - Carlos T. Go., Sr., v. Luis T. Ramos

  • G.R. No. 167955 Formerly G.R. No. 151275 - People of the Philippines v. Armando Padilla y Nicolas

  • G.R. No. 167995 - Julita V. Imuan, et al. v. Juanito Cereno, et al.

  • G.R. No. 168151 - Regional Container Lines (RCL) of Singapore and Shipping Agency v. The Netherlands Insurance Co. (Philippines) Inc.

  • G.R. No. 168446 Formerly G.R. NOS. 144174-75 - People of the Philippines v. Ernesto Cruz, Jr. y Concepcion, et al.

  • G.R. No. 168927 - Arsenio F. Quevedo, et al. v. Benguet Electric Cooperative Incorporated, et al.

  • G.R. No. 169228 - The Alexandra Condominium Corporation v. Laguna Lake Development Authority

  • G.R. No. 169364 - People of the Philippines v. Evangeline Siton y sacil, et al.

  • G.R. No. 169641 - People of the Philippines v. Richard O. Sarcia

  • G.R. No. 169889 - Spouses Simon Yap and Milagros Guevarra v. First e-Bank, Inc.

  • G.R. No. 169919 - B.D. Long Span Builders, Inc. v. R.S. Ampeloquio Realty Development Inc.

  • G.R. No. 169940 - Univeristy of Santo Tomas v. Samahang Manggagawa ng UST (SM-UST)

  • G.R. No. 170072 - Joaquin P. Obieta v. Edward Cheok

  • G.R. No. 170342 - Allan Dizon v. People of the Philippines

  • G.R. No. 170482 - Manila Electric Company v. Aguida Vda. De Santiago

  • G.R. No. 171018 - People of the Philippines v. Elly Naelga

  • G.R. No. 171260 - Amparo Robles Cabreza v. Ceferino S. Cabreza Jr., et al.

  • G.R .No. 171491 - Dr. Castor C. De Jesus v. Rafel D. Guerrero III, Cesario R. Pagdilao and Fortuna B. Aquino

  • G.R. No. 171681 - Kei Marie and Bianca Angelica both surnamed Abrera, minors, represented by their parents Evelyn C. Abrera, et al. v. Hon. Romeo F. Barza, in his capacity as Presiding Judge of Regional Trial Court, Branch 61, Makati City and College Assu

  • G.R. No. 171984 - Bandila Maritime Services, Inc. and/or Tokomaru Kaiun Co., Ltd. v. Rolando Dubduban

  • G.R. No. 172217 - Spouses Lydia Flores-Cruz, et al. v. Spouses Leonardo and Iluminada Goli-Cruz, et al.

  • G.R. No. 172447 & G.R. No. 179404 - Iglesia Evangelisca Metodista En Las Islas Filipinas (IEMELIF), Inc. v. Nataniel B. Juane/Nataniel B. Juane v. Iglesia Evangelisca Metodista En Las Islas Filipinas (IEMELIF), Inc.

  • G.R. No. 174116 - Eastern Shipping Lines, Inc. v. Prudential Guarantee and Assurance, Inc.

  • G.R. No. 175064 - Province of Camarines Sur, represented by Governor Luis Raymund F. Villafuerte, Jr. v. Hon. Court of Appeals and City of Naga, represented by Mayor Jesse M. Robredo

  • G.R. No. 175172 - Cresencia Achevara, Alfredo Achevara and Benigno Valdez v. Elvira Ramos, John Arnel Ramos and Kristine Camille Ramos

  • G.R. No. 175528 - PO3 Benito Sombilon, Jr. v. People of the Philippines

  • G.R. No. 175490 - Ileana Dr. Macalino v. Bank of the Philippines Islands

  • G.R. No. 176014 - Alice Vitangcol and Norberto Vitangcol v. New Vista Properties, Inc., et al.

  • G.R. No. 176040 - Casa Cebuana Incoporada, et al. v. Ireneo P. Leuterio

  • G.R. No. 176364 - Juanito R. Rimando v. Commission on Elections and Norma O. Magno

  • G.R. No. 176546 - Felicitas P. Ong v. The People of the Philippines

  • G.R. No. 176700 - Romero Montederamos v. Tri-Union International Corporation

  • G.R. No. 177056 - The Office of the Solicitor General v. Ayala Land Incorporated, et al.

  • G.R. No. 177066 - Joselito Musni Puno (as heir of the late Carlos Puno) v. Puno Enterprises, Inc., represented by Jesusa Puno

  • G.R. No. 177456 - Bank of the Philippine Isalands v. Domingo R. Dando

  • G.R. No. 177531 - Civil Service Commission v. Fatima A. Macud

  • G.R. No. 177705 - Kimberly-Clark Philippines, Inc. v. Nora Dimayuga, et al.

  • G.R. No. 177753 - People of the Philippines v. Benjamin Ocampo

  • G.R. No. 177836 - Edwino A. Torres (deceased), represented and substitute by Alfonso P. Torres III, et al.

  • G.R. NOS. 177857-58, G.R. NO. 178193 and G.R. NO. 180705 - Philippine Coconut Producers Federation, Inc. (COCOFED), Manuel V. Del Rosario, Domingo P. Espina, et al. v. Republic of the Philippines

  • G.R. No. 178034, G.R. No. 178117 and G.R. NOS. 186984-85 - Andrew Jame Mcburne v. Eulalio Ganzon, et al.

  • G.R. No. 178485 - People of the Philippines v. Mariano Sapigao, Jr.

  • G.R. No. 178529 - Equitable PCI Bank, Inc (now known as Banco De Oro-EPCI, Inc.) v. Heirs of Antonio C. Tiu, et al.

  • G.R. No. 178543 - People of the Philippines v. Aristo Villanueva

  • G.R. No. 178933 - Recardo S. Silverio, Jr. v. Court of Appeals and Nelia S. Silverio-Dee

  • G.R. No. 179103 and G.R. NO. 180209 - National Power Corporation v. Premier Shipping Lines, Inc.

  • G.R. No. 179213 - People of the Philippines v. Nicolas Gutierrez y Licunan

  • G.R. No. 179313 - Makil U. Pundaodaya v. Commission on Elections, et al.

  • G.R. No. 179319 - Eugene C. Firaza v. People of the Philippines

  • G.R. No. 179475 - People of the Philippines v. Daniel Sibunga y Agtoca

  • G.R. No. 179502 - Progressive Trade & Service Enterprises v. Maria Milagrosa Antonio

  • G.R. No. 179583 - Jimmy L. Barnes a.k.a. James Barnes v. Teresita C. Reyes, et al.

  • G.R. No. 179799 - Zenaida R. Gregorio v. Court of Appeals, et al.

  • G.R. No. 179862 - Land Bank of the Philippines v. Heirs of Asuncion Anonuevo Vda. Santos, et al.

  • G.R. No. 179944 - People of the Philippines v. Antonio Ortiz, et al.

  • G.R. No. 179985 - Pdilon L. Martinez v. B&B Fish Broker and/or Norberto M. Lucinario

  • G.R. No. 180274 - Virgilio C. Crystal and Glynna F. Cystal v. Bank of the Philippines Islands

  • G.R. No. 180453 - Republic of the Philippines v. Dante C. Abril, represented by his Attorney-in-fact, Manuel C. Blaco, Jr.

  • G.R. No. 180478-79 - The Heritage Hotel of Manila v. National Labor Relations Commission, Rufino C. Ra on II, and Ismael C. Villa

  • G.R. No. 180508 - People of the Philippines v. Antonio v. Antonio Ramos y Viray

  • G.R. No. 180693 - Bonifacio Dolera y Tejada v. People of the Philippines

  • G.R. No. 180863 - Angelita Valdez v. Republic of the Philippines

  • G.R. NOS. 180880-81 and G.R. NOS. 180896-97 - Keppel Cebu Shipyard, Inc. v. Pioneer Insurance and Surety Corporation

  • G.R. No. 180888 - Rolando Placido and Edgardo Caragay v. National Labor Relations Commission and Philippine Long Distance Telephone Company, Incorporated

  • G.R. No. 180992 - Elmer Diamante y Sioson, et al. v. People of the Philippines

  • G.R. No. 181081 - People of the Philippines v. Roldan Arcosiba alias "Entoy"

  • G.R. No. 181300 - Malayan Insurance Co., Inc. v. Jardine Davies Transport Services, Inc. and Asian Terminals, Inc.

  • G.R. No. 181303 - Carmen Danao Malana, et al. v. Benigno Tappa, et al.

  • G.R. No. 181503 - Bio Quest Marketing Inc. and/or Jose L. Co v. Edmund Rey

  • G.R. No. 181613 - Rosalinda A. Penera v. Commission on Elections and Edgar T. Andanar

  • G.R. No. 181629 - People of the Philippines v. Elizardo Cabiles alias "SARDO"

  • G.R. NOS. 181999 & G.R. No. 182001-04 and G.R. NOS. 182020-24 - Ofelia Caunan v. People of the Philippines, et al.

  • G.R. No. 182185 - Joaquin Ga, Jr., et al. v. Spouses Antonio Tabungan, et al.

  • G.R. No. 182320 - Tacloban Far East Marketing Corporation, et al. v. The Court of Appeals, et al.

  • G.R. No. 183088 - People of the Philippines v. Donato Capco y Sabadlab

  • G.R. No. 183141 - Edgardo H. Catindig v. People of the Philippines, et al.

  • G.R. No. 183142 - Rosita A. Montanez v. Provincial Agrarian Reform Adjudicator (PARAD), et al.

  • G.R. No. 183387 - Simeon M. Valdez v. Financiera Manila Inc.

  • G.R. No. 183457 - People of the Philippines v. Roel Arbalate, et al.

  • G.R. No. 183546 - Wilson A. Go v. Harry A. Go

  • G.R. No. 183646 - Great Southern Maritime Services Corp., et al. v. Leonila Surigao, et al.

  • G.R. No. 183656 - Gilbert Zalameda v. People of the Philippines

  • G.R. No. 183802 - Alexander Tam Wong v. Catherine Factor-Koyoma

  • G.R. No. 183965 - Joanie Surposa Uy v. Jose Ngo Chua

  • G.R. No. 184037 - Antonio Lopez y Dela Cruz v. People of the Philippines

  • G.R. No. 184225 - Spouses Rogelio F. Lopez and Teotima G. Lopez v. Samuel R. Espinosa and Angelita S. Espinosa

  • G.R. No. 184252 - China Banking Corporation v. Sps. Wenceslao & Marcelina Martir

  • G.R. No. 184268 - Ernesto Batalla v. Commission on Elections and teodoro Bataller

  • G.R. No. 184285 - Rodolfo "Rudy" Canlas, et al. v. Iluminada Tubil

  • G.R. No. 184735 - Miriam B. Elleccion vda. De Lecciones v. National Labor Relations Commission, et al.

  • G.R. No. 184958 - People of the Philippines v. Anthony C. Domingo and Gerry Domingo

  • G.R. No. 185001 - Ronnie H. Lumayna, et al. v. Commission on Audit

  • G.R. No. 185203 - People of the Philippines v. Domingo Araojo

  • G.R. No. 186138 - People of the Philippines v. Loreto Daria y Cruz

  • G.R. No. 186497 - People of the Philippines v. Hasanaddin Guira y Bansil

  • G.R. No. 187043 - People of the Philippines v. Lorenzo Oliva y Rosela

  • G.R. No. 187156 - People of the Philippines v. Melody Gutierrez y Lauriada

  • G.R. No. 187503 - People of the Philippines v. Tecson Lim y Chua and Maximo Flores y Viterbo

  • G.R. No. 188456 - Harry L. Roque, et al. v. Commission on Election, et al.

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    G.R. No. 187156 - People of the Philippines v. Melody Gutierrez y Lauriada

      G.R. No. 187156 - People of the Philippines v. Melody Gutierrez y Lauriada

    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. NO. 187156 : September 8, 2009]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MELODY GUTIERREZ y LAURIADA, Accused-Appellant.

    R E S O L U T I O N

    NACHURA, J.:

    Before this Court is an appeal by accused Melody Gutierrez y Lauriada of the Court of Appeals (CA) Decision1 in CA-G.R. CR-H.C. No. 02884 affirming her conviction by the Regional Trial Court (RTC) of Makati City2 for violations of Republic Act No. 9165 (RA 9165), or the Comprehensive Dangerous Drugs Act of 2002.

    On January 25, 2007, a confidential informant known as Amboy went to the Anti-Illegal Drugs Special Operations Task Force (SAID-SOTF) of the Makati Police Station, and reported that accused and another, known by his alias Toto, were selling illegal drugs on Adora Street, Barangay Tejeros, Makati City. Police Officer 1 (PO1) Jaime Orante, Jr., who interviewed the informant, checked the Makati Drug Abuse Council (MADAC) watch list, and found accused's name in it. A team composed of SAID-SOTF and MADAC operatives was quickly formed to conduct a buy-bust operation. PO1 Orante was designated as poseur-buyer and given three marked one-hundred peso bills.3

    At 6:30 that evening, the team and informant Amboy proceeded to Adora Street. PO1 Orante and Amboy approached accused. Amboy greeted accused and said, "Te, mayroon ba tayo dyan tatlo lang?" PO1 Orante handed accused the marked money, and the latter placed the money in her pocket. Accused then took a plastic container and a plastic sachet containing a white crystalline substance and handed these to PO1 Orante. The latter then reversed the bull cap he was wearing as a signal that the transaction had been completed. The rest of the team came forward and helped PO1 Orante arrest accused. The plastic sachets confiscated from accused were brought to the Philippine National Police (PNP) Crime Laboratory for examination. It was found that the contents thereof were methylamphetamine hydrochloride, more commonly known as shabu, a prohibited drug.4

    Accused Melody Gutierrez was charged for violation of Article II, Sections 5 and 11 of RA 9165 before the Makati City RTC for, first, selling P300.00 worth of methylamphetamine hydrochloride weighing 0.02 gram;5 and second, for possession, custody and control of three plastic sachets of methylamphetamine hydrochloride weighing 0.02 gram each.6

    At the trial, accused denied the charges against her. She claimed that on the day she was arrested, she was having a snack on Barona Street when a green-colored vehicle stopped near her. Two men alighted from the vehicle, introduced themselves as police officers, and asked her if she knew the whereabouts of a certain Toto. She said she did not know the person they were looking for, but the two men did not believe her. They forced her into the vehicle and brought her to SAID-SOTF.7

    In a Decision8 dated May 25, 2007, the trial court held that the prosecution was able to prove the elements of the illegal sale of shabu, on one hand, and the illegal possession of a dangerous drug on the other. Thus, it found the accused guilty of the offenses charged, to wit:

    WHEREFORE, it appearing that the guilt of accused MELODY GUTIERREZ y LAURIADA was proven beyond reasonable doubt, for the offenses of violation of Sections 5 and 11, Article II of RA 9165, as principal, with no mitigating or aggravating circumstances, she is hereby sentenced:

    1. In Criminal Case No. 07-286, to suffer life imprisonment and to pay a fine of P500,000.00;

    2. In Criminal Case No. 07-287, to suffer imprisonment for an indeterminate term of fourteen [14] years eight [8] months and one [1] day, as minimum, and to pay a fine of P300,000.00; andcralawlibrary

    3. To pay the costs.

    Let the 0.02-gram, 0.02-gram, 0.02-gram, and 0.02 gram; (sic) of Methylamphetamine Hydrochloride be turned-over (sic) to the PDEA for proper disposition.

    SO ORDERED.

    Accused appealed her conviction to the Court of Appeals. She argued that her guilt was not proven, because nobody corroborated the testimony of PO1 Orante; and the other prosecution witness, MADAC Operative Joebert Dela Peña, admitted that his sole participation was in assisting in the arrest of the accused. Accused also questioned the failure of the prosecution to present the confidential informant as witness, and the forensic chemist to testify the veracity of the laboratory report. Accused claimed that the sole eyewitness testimony of PO1 Orante to the sale was insufficient to prove her guilt beyond reasonable doubt.9

    The CA affirmed the RTC Decision in toto in a Decision dated September 30, 2008.10 It held that what is material is proof that the transaction took place, coupled with the presentation in court of the corpus delicti as evidence, both of which were proven by the testimony of PO1 Orante. Contrary to accused's contention, the consummation of the sale was corroborated by MADAC Operative Dela Peña.11

    As to the failure of the prosecution to present the forensic chemist who examined the content of the plastic sachets seized from accused, the CA said this does not diminish the integrity of the testimonies of the other prosecution witnesses. According to the CA, the witnesses were able to prove the chain of custody from the time PO1 Orante took possession of the illegal drugs from accused up to the time they were offered in evidence. Right after the arrest, PO1 Orante prepared Spot Report No. STN2-012507-281, listing as evidence seized "four pieces of small heat-sealed transparent plastic sachet containing suspected 'shabu;' and presented as 'JCO' as subject of sale and 'JCO-1' TO 'JCO-3' as subject of possession." He also prepared an acknowledgment receipt listing all the items seized from accused. Thereafter, the sachets were delivered to the PNP Crime Laboratory by PO1 Orante himself, as shown in the stamp of receipt by the PNP Crime Laboratory Southern Police District. These circumstances, the CA said, sufficiently established the unbroken chain of custody of the seized illegal drugs.12 Moreover, the defense admitted the execution and authenticity of the Physical Science Report during the pre-trial.13

    Accused is now before this Court assailing the CA's Decision. In a Resolution14 dated June 10, 2009, the Court accepted accused's appeal and notified the parties that they may submit their respective supplemental briefs, if they so desire. In separate Manifestations, accused, through the Public Attorney's Office, and the People of the Philippines, through the Office of the Solicitor General, both informed this Court that they will no longer file supplemental briefs, since their respective appeal briefs before the CA have thoroughly discussed their respective arguments.15

    We affirm the Decision of the CA.

    We find no reason to disturb the factual findings of the trial court, as affirmed by the CA. The CA exhaustively discussed the facts of the case, and we agree with its conclusion that the prosecution proved the accused's guilt beyond reasonable doubt.

    However, the CA, in affirming the trial court's decision in toto, overlooked the error in the penalty imposed by the latter in Criminal Case No. 07-287. The trial court sentenced accused to "imprisonment for an indeterminate term of fourteen (14) years, eight (8) months, and one (1) day, as minimum," without providing for the maximum penalty.

    Under the Indeterminate Sentence Law, accused shall be sentenced to an indeterminate sentence, the maximum term of which shall not exceed the maximum fixed by law punishing the offense, and the minimum shall not be less than the minimum term prescribed by the same.

    Article II, Section 11 of RA 9165 provides:

    SEC. 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

    (5) 50 grams or more of methamphetamine hydrochloride or "shabu;"

    x x x

    Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as follows:

    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 "ecstacy," 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.

    Hence, the maximum penalty should be in the range of 17 years, four (4) months, and one (1) day to 20 years, while the minimum should not be less than 12 years and one day to 14 years and eight (8) months.ςηαñrοblεš νιr†υαl lαω lιbrαrÿ

    The minimum penalty set by the trial court is within the proper range; but as to the maximum penalty, considering that there are no aggravating circumstances, we find that the penalty of imprisonment for 17 years, four (4) months, and one (1) day is appropriate.

    WHEREFORE, foregoing premises considered, the assailed Decision of the Court of Appeals is AFFIRMED WITH MODIFICATION. Accused is hereby sentenced, in Criminal Case No. 07-287, to an indeterminate sentence of 12 years, and one (1) day, as minimum, to 14 years, as maximum. In all other respects, the Decision of the Regional Trial Court of Makati City in Criminal Case Nos. 07-286-287 is AFFIRMED.

    SO ORDERED.

    Endnotes:


    1 Penned by Justice Sixto C. Marella, Jr., with Justices Amelita G. Tolentino and Japar B. Dimaampao, concurring, rollo, pp. 2-14.

    2 RTC Decision, CA rollo, pp. 12-17.

    3 Rollo, p. 4.

    4 Id. at 4-5.

    5 CA rollo, Criminal Case No. 07-286, p. 39.

    6 Id., Criminal Case No. 07-287, p. 39.

    7 Id. at 14.

    8 Penned by Judge Francisco B. Ibay, CA rollo, pp. 12-17.

    9 CA rollo, p. 36.

    10 Supra note 1.

    11 Rollo, p. 8.

    12 Id. at 9-11.

    13 Id. at 10.

    14 Id. at 20-21.

    15 Id. at 22-24 and 26-27.

    G.R. No. 187156 - People of the Philippines v. Melody Gutierrez y Lauriada


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