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[G.R. No. 127580.January 30, 2001]

PEOPLE vs. ZHENG BAI HUI, et al.

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 30 2001.

G.R. No. 127580 (People of the Philippines vs. Zheng Bai Hui @ Carlos Tan Ty and Sao Yu @ Nelson Hong Ty.)

In our Decision dated August 22, 2000, we affirmed with modifications the decision of the Regional Trial Court of Caloocan City convicting appellants Zheng Bai Hui and Sao Yu of violating Section 15 of Republic Act No. 6425. The modifications involved, among others, the penalty imposed by the trial court, which we reduced from the penalty of death and a fine of P10,000,000.00 to reclusion perpetua and a fine of P500,000.00.

Appellant Zheng Bai Hui however moves for a reconsideration of the penalty imposed. He submits that there was no evidence that the methamphetamine hydrochloride subject of the offense was actually weighed by the forensic chemist who examined the substance. Appellant concludes that, in accordance with our ruling in People vs. Simon SCRA 555 (1994)], the proper penalty that should be imposed upon him is prision correccional.

We do not agree. Ms. Maala stated in her final report (Exhibit "I"), among others, that the subject substance weighed 992.3 grams. This report alone is sufficient to establish that Ms. Maala indeed weighed the substance. As a public officer, the PNP forensic chemist is entitled to the presumption of regular performance of official duties, and such presumption has not been overcome in this case.

ACCORDINGLY, the motion for reconsideration is DENIED with finality." Puno, J., is on official leave.Puno, J., on leave.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court

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