SECOND DIVISION
[G.R. No. 207519. March 14, 2016.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ELLEN ATILLO Y TORREFIEL, ROSAL ABARRI Y SOROÑO AND ROWENA BACULI Y ROMEO, accused-appellants.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated14 March 2016 which reads as follows:
"G.R. No. 207519 — People of the Philippines, plaintiff-appellee, v. Ellen Atillo y Torrefiel, Rosal Abarri y Soroño and Rowena Baculi y Romeo, accused-appellants.
After a thorough review of the records of this case, we find the appeal to be lacking in merit. We therefore adopt the findings of the trial court as affirmed by the Court of Appeals. The Court of Appeals correctly affirmed the ruling of the Regional Trial Court of Cebu City, Branch 10 finding appellants Ellen Atillo y Torrefiel, Rosal Abarri y Soroño and Rowena Baculi y Romeo 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 said drug. The trial court, as affirmed by the Court of Appeals, found that the testimonies of the police officers are consistent with each other; that said testimonies are sufficient to prove that appellants were arrested with 9.66 grams of shabu, a dangerous drug, in their possession as a consequence of the buy-bust operation against Liza Navares; that they did not have any legal authority to possess the shabu; and that they made a free and conscious choice to possess said drug. It was also not shown that the police officers had ill motives to testify against appellants. 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.
The penalty for the unauthorized possession of 9.66 grams of shabu is 20 years and 1 day to life imprisonment and a fine ranging from P400,000.00 to P500,000.00. Each appellant must therefore suffer the penalty of imprisonment of 20 years and 1 day and to pay a fine of P500,000.00.
WHEREFORE, we ADOPT the findings of the trial court as affirmed by the Court of Appeals. The assailed Decision dated September 25, 2012 of the Court of Appeals in CA-G.R. CR. HC. No. 00919 affirming the Decision dated February 29, 2008 of the Regional Trial Court, Branch 10, Cebu City finding appellants Ellen Atillo y Torrefiel, Rosal Abarri y Soroño and Rowena Baculi y Romeo GUILTY beyond reasonable doubt of the crime of violation of Section 11, Article II of Republic Act No. 9165 is AFFIRMED with MODIFICATION that the penalty to be imposed on each of the appellant should be imprisonment of twenty (20) years and one (1) day and a fine of P500,000.00. AIDSTE
SO ORDERED. (Brion, J., on leave; Leonen, J., on official leave under the Court's Wellness Program)"
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court