G.R. No.
195005
ROSANA ASIATICO , Petitioner,
vs.
PEOPLE OF THE PHILIPPINES, Respondent.
September 12, 2011
VELASCO, JR., J.:
FACTS:
Petitioner Rosana Asiatico and her co-accused Aldrin Estrella were charged in two (2) separate
Informations with violation of Sec. 11, Art. II of RA 9165 before the RTC.
On the night of January 19, 2005, an informant reported the illegal drug trade of accused-
appellant alias "Joy" and Aldrin alias "Amok" in Barangay Bagong Silang. Based on that report,
the police anti-drug task force formed a team to conduct a buy-bust operation. They recovered
one (1) plastic sachet from the petitioner. The police also frisked Aldrin and recovered two (2)
plastic sachets from him. The officers informed the accused-appellant and Aldrin of their
constitutional rights. Thereafter, a policeman separately wrapped the recovered plastic sachets
with newspapers and labeled them "Joy" and "Ako," respectively. The police officers brought the
accused-appellant and Aldrin to the Mandaluyong Medical Center for examination. After which,
they were turned over to the police station.
After trial on the merits, the RTC found Rosana and Aldrin guilty beyond reasonable doubt of
the crime charged and sentenced each to suffer the penalty of imprisonment of twelve (12) years
and one (1) day and a fine of PhP 300,000. Only Rosana appealed. The CA denied Rosana’s
motion for reconsideration.
ISSUE:
WON the CA gravely erred in affirming Asiatico’s conviction
HELD:
No. It is well settled that the factual findings of the appellate court affirming those of the trial
court are binding on this Court, unless there is a clear showing that such findings are tainted with
arbitrariness, capriciousness or palpable error. Since Rosana failed to show any arbitrariness,
palpable error or capriciousness on the findings of fact of the trial and appellate courts, these
findings deserve great weight and are deemed conclusive and binding. A diligent review of the
records shows that the CA did not err in affirming Rosana’s conviction.
All the elements for illegal possession of regulated or prohibited drugs were duly established by
the prosecution. Rosana was found to have in her possession 0.05 gram of shabu. There was
nothing in the records showing that she had authority to possess it. Jurisprudence also teaches Us
that mere possession of a prohibited drug constitutes prima facie evidence of knowledge
or animus possidendi sufficient to convict an accused in the absence of any satisfactory
explanation. Rosana also failed to present contrary evidence to rebut her possession of the shabu.
Moreover, the chain of custody of the seized prohibited drugs was adequately established in the
instant case, as aptly pointed out by the CA.
As to the propriety of the penalties imposed, the Supreme Court modified them for they are not
in accord with the Indeterminate Sentence Law. The CA’s August 31, 2010 Decision and
January 6, 2011 Resolution are AFFIRMED with the MODIFICATION that petitioner Rosana
Asiatico is sentenced to the indeterminate penalty of twelve (12) years and one (1) day, as
minimum, to fourteen (14) years and eight (8) months, as maximum.
We, however, modify them for they are not in accord with the Indeterminate Sentence Law (ISL)
RA 9165 provides that illegal possession of less than five (5) grams of shabu is penalized with
imprisonment of twelve (12) years and one (1) day to twenty (20) years, and a fine ranging from
three hundred thousand pesos (PhP 300,000) to four hundred... thousand pesos (PhP 400,000).
The imposed fine of PhP 300,000 is proper under the premises. As regards the imprisonment
sentence, the courts a quo erred in imposing a straight penalty of "imprisonment of twelve (12)
years and one day."
Sec. 1 of the ISL mandates that, in case of a special... law, the accused shall be sentenced "to an
indeterminate sentence, the maximum term of which shall not exceed the maximum fixed by said
law and the minimum shall not be less than the minimum term prescribed by the same." Thus,
applying the ISL to the imposable penalties... under Sec. 11(3) of RA 9165, We find, under the
circumstances, the penalty of imprisonment from twelve (12) years and one (1) day, as
minimum, to fourteen (14) years and eight (8) months, as maximum, to be proper.
Rosana Asiatico is sentenced to the indeterminate penalty of twelve (12) years and one (1) day,
as... minimum, to fourteen (14) years and eight (8) months, as maximum.
Principles:
RA 9165 provides that illegal possession of less than five (5) grams of shabu is penalized with
imprisonment of twelve (12) years and one (1) day to twenty (20) years, and a fine ranging from
three hundred thousand pesos (PhP 300,000) to four hundred... thousand pesos (PhP 400,000).
