THIRD DIVISION
[G.R. No. 207812. February 21, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. ROGELIO PAJARON y BELODO and ALEXANDER ROPEREZ y ALBANEN, *accused-appellants.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedFebruary 21, 2018, which reads as follows:
"G.R. No. 207812 (PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROGELIO PAJARON y BELODO and ALEXANDER ROPEREZ y ALBANEN,Accused-Appellants) — After a judicious review of the records, the Court RESOLVES TO DENY the appeal; and TO AFFIRM the decision promulgated on October 3, 2012 by the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 04583 for failure of accused-appellant Rogelio Pajaron y Belodo to sufficiently show that the CA committed any reversible error in affirming the judgment dated March 8, 2010 of the Regional Trial Court in Makati City (RTC) finding him guilty beyond reasonable doubt of illegal selling of dangerous drugs in violation of Section 5 of Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) as charged in Criminal Case No. 07-934; and of illegal possessing of dangerous drug in violation of Section 11, paragraph 3, of the same law as charged in Criminal Case No. 07-935.
In this appeal, Pajaron reiterates the errors he had assigned in the CA against the RTC, to wit:
I.
THE TRIAL COURT GRAVELY ERRED IN GIVING FULL WEIGHT AND CREDENCE TO THE PROSECUTION'S EVIDENCE NOTWITHSTANDING ITS FAILURE TO PROVE THE IDENTITY AND INTEGRITY OF THE ALLEGED SEIZED DRUGS.
II.
THE TRIAL COURT GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANTS DESPITE THE PROSECUTION'S FAILURE TO ESTABLISH EVERY LINK IN THE CHAIN OF CUSTODY OF THE SEIZED ITEMS.
III.
THE TRIAL COURT GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANTS DESPITE THE PROSECUTION'S FAILURE TO PROVE THEIR GUILT BEYOND REASONABLE DOUBT. 1
The appeal lacks merit.
The affirmance of Pajaron's convictions was factually and legally warranted. The CA correctly declared that the Prosecution duly established the chain of custody of the dangerous drugs subject of the charges against him. He did not successfully impugn the chain of custody in this appeal.
Moreover, Pajaron merely rehashes factual matters that both the CA and the RTC thoroughly considered and made their respective findings on. Their unanimous findings compel us to uphold his convictions because he did not bring to our attention any fact or circumstance that the lower courts ignored or misappreciated that, if properly noted, would change the outcome in his favor. Unless sufficient basis is given for reversing their common findings, we will act arbitrarily and whimsically if we reversed and disturbed their findings.
Nonetheless, the CA, through the decision promulgated on October 3, 2017, 2 uncharacteristically committed gross error in affirming the penalty imposed on Pajaron in Criminal Case No. 07-935. It thereby upheld the RTC's judgment dated March 8, 2010, 3 which relevantly disposed thusly:
WHEREFORE, both accused are found GUILTY with no mitigating or aggravating circumstances, and are hereby sentenced to suffer:
For accused Rogelio Pajaron
xxx xxx xxx
In Criminal Case 07-935 (Possession of Dangerous Drugs), imprisonment of twelve (12) years and one (1) to twenty (20) years and to pay a fine of three hundred thousand pesos (Php300[,000].00).
xxx xxx xxx
The subject shabu is forfeited in favor of the government and ordered turned over to the PDEA for disposition pursuant to law.
SO ORDERED. 4
Section 11 (3) of Republic Act No. 9165 prescribes imprisonment of 12 years and one day to 20 years and a fine ranging from P300,000.00 to P400,000.00 where the quantity is less than five grams of methamphetamine hydrochloride. The quantity of shabu recovered from the possession of Pajaron was 0.03 gram. Consequently, the maximum of the indeterminate sentence is reduced from 20 years to 15 years, the median between the floor of 12 years and one day and the ceiling of 20 years. In addition, a fine of P300,000.00 is meted on him.
WHEREFORE, the Court AFFIRMS the decision promulgated on October 3, 2012 finding ROGELIO PAJARON y BELODO guilty beyond reasonable doubt of violations of Section 5 and Section 11 of Republic Act No. 9165 in all respects subject to the MODIFICATION of the penalty in Criminal Case 07-935, for the illegal possession of dangerous drugs, by fixing the INDETERMINATE SENTENCE of imprisonment of 12 years and one day, as minimum, to 15 years, as maximum, and to pay a fine of P300,000.00.
Accused ROGELIO PAJARON y BELODO is FURTHER ORDERED to pay the costs of suit.
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
* Rollo, p. 38; Roperez ultimately withdrew his appeal, and the Court noted and granted his withdrawal of the appeal on August 24, 2016; hence, the entry of judgment as to Roperez was issued on January 27, 2017.
1. Id. at 7-8.
2. Id. at 2-13; penned by Associate Justice Samuel H. Gaerlan, with the concurrence of Associate Justice Rebecca De Guia-Salvador and Associate Justice Apolinario D. Bruselas, Jr.
3. CA rollo, pp. 22-27; penned by Presiding Judge Tranquil P. Salvador, Jr.
4. Id. at 27.