SECOND DIVISION
[G.R. No. 199158. October 14, 2015.]
ELIZABETH ICOT Y BELTRAN, petitioner,v. PEOPLE OF THE PHILIPPINES,respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 14 October 2015 which reads as follows:
"G.R. No. 199158 — Elizabeth Icot y Beltran, petitioner, v. People of the Philippines, respondent.
After a careful review of the records of the case, the Court finds the appeal to be lacking in merit. The Court of Appeals correctly affirmed the ruling of the Regional Trial Court of Caloocan City, Branch 127 that petitioner Elizabeth Icot y Beltran is guilty beyond reasonable doubt of violation of Section 11, Article II of Republic Act No. 9165. The prosecution satisfactorily established the following elements of illegal possession of shabu: 1) that the accused was in possession of the object identified as prohibited or regulated drug; (2) that such possession is not authorized by law; and (3) that the accused freely and consciously possessed the said drug. The trial court, as affirmed by the Court of Appeals, found the testimonies of the police officers consistent with each other and sufficient to prove that petitioner was in possession of 0.05 gram of shabu, a prohibited drug; she did not have any legal authority to possess the shabu; and she made a free and conscious choice to possess said drug. It was also not shown that they had ill-motives to testify against petitioner. They are, therefore, entitled to the legal presumption of regularity in the performance of official functions and their testimonies are accorded full faith and credence.
Under the law, the penalty for the unauthorized possession of 0.05 gram of shabu is imprisonment from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from P300,000.00 to P400,000.00. Petitioner was, therefore, properly sentenced to suffer the indeterminate penalty of imprisonment of twelve (12) years and one (1) day to seventeen (17) years and eight (8) months, and a fine of P300,000.00.
WHEREFORE, we ADOPT the findings of the trial court as affirmed by the Court of Appeals. The assailed Decision dated February 2, 2011 of the Court of Appeals in CA-G.R. CR No. 32468 finding petitioner Elizabeth Icot y Beltran GUILTY beyond reasonable doubt of the crime of violation of Section 11, Article II of Republic Act No. 9165 and sentencing her to suffer the indeterminate penalty of imprisonment of twelve (12) years and one (1) day to seventeen (17) years and eight (8) months, and a fine of P300,000.00 is AFFIRMED. (Brion, J., designated as Acting Chairperson, per Special Order No, 2222 dated September 29, 2015; Peralta, J., designated as Acting Member in view of the leave of absence under the Court's Wellness Program from October 16 to 30, 2015 of Carpio, J., per Special Order No. 2223 dated September 29, 2015.)
SOORDERED."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court