THIRD DIVISION
[G.R. No. 201930. January 22, 2014.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NOVELINE FAITH MERIS Y PASCUA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated January 22, 2014, which reads as follows:
"G.R. No. 201930 (People of the Philippines v. Noveline Faith Meris y Pascua). — The prosecution evidence shows that at about 5:15 p.m. on October 21, 2009 the accused Noveline Faith Meris y Pascua had just walked out of the Baguio City Jail after visiting her detained common-law husband, Ferdinand Lazaro, when the latter requested the jail guard on duty, JO2 Michael Montes (JO2 Montes), to hand over a paper bag to Meris. JO2 Montes reopened the jail gate, took the paper bag, closed the gate again, and handed the bag over to Meris.
Lazaro took the opportunity to talk to accused Meris through a small opening on the gate. It was then that JO2 Montes spotted Meris handing over a small flashlight to Lazaro, the jail guard cut in and told Lazaro that the flashlight had to be inspected. Upon inspection in front of Lazaro, the flashlight yielded four small batteries rolled in cigarette foil and a rubberized miniature t-shirt keychain lodged in its handle that contained a small transparent plastic sachet of crystalline substance. cTADCH
JO2 Montes asked Lazaro what the substance was but the latter did not reply. Meantime, accused Meris hurriedly left the jail premises. JO2 Montes caught up with her outside the jailhouse, however, and brought her back into the building. 1 PO3 Reynaldo Badua and others from the Baguio City Police Anti-Illegal Drugs Special Operations Task Group came. 2 JO2 Montes placed the marking "MCM 10-21-09" on plastic sachet before giving it to PO3 Badua who brought it to his office. A barangay official, a Department of Justice representative, and a member of the media witnessed the inventory of the seized item. Badua then delivered the same to the crime laboratory. It weighed 0.30 gram and tested positive for methamphetamine hydrochloride. 3
The Public Prosecutor charged accused Meris with delivering dangerous drugs in violation of Section 5, Article II of Republic Act 9165 before the Baguio City Regional Trial Court (RTC) in Criminal Case 29997-R. TIcEDC
Accused Meris denied the charge claiming that when she had already left the jailhouse, the guard called her back. She then learned that she was being suspected of delivering shabu to Lazaro. Meris alleged that the police did not inform her of her constitutional rights while under custodial investigation. 4
On August 17, 2010 the RTC rendered a Decision finding accused Meris guilty beyond reasonable doubt of the crime charged and sentenced her to suffer the penalty of life imprisonment and to pay a fine of P2,000,000.00. 5 Meris appealed to the Court of Appeals (CA) in CA-G.R. CR-HC 04643 but on December 20, 2011 the CA denied the appeal and affirmed her conviction.
The Court is satisfied that neither the RTC nor the CA erred in finding accused Meris guilty as charged. The RTC had the advantage of observing the demeanor of the witnesses and closely assessing their credibility and truthfulness. The CA's affirmation of the RTC finding, on the other hand, enjoys great weight and persuasive effect. The prosecution has sufficiently proved beyond reasonable doubt Meris' guilt for illegal delivery of dangerous drugs. The records show that there was no break in the chain of custody of the seized item from the accused and the integrity and evidentiary value of the seized drugs were preserved.
WHEREFORE, the Court AFFIRMS the Court of Appeals Decision dated December 20, 2011 in CA-G.R. CR-HC 04643, which upheld the Regional Trial Court's Decision dated August 17, 2010 in Criminal Case 29997-R finding the accused Noveline Faith Meris y Pascua GUILTY beyond reasonable doubt of unlawfully delivering 0.30 gram of methamphetamine hydrochloride in violation of Section 5, Article II of Republic Act 9165.
SO ORDERED." SDEHCc
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court
Footnotes
1. Rollo, pp. 4-5.
2. Id. at 5.
3. Id. at 5-6.
4. Id. at 7.
5. CA rollo, p. 30.