G.R. No. 186465 - PEOPLE OF THE PHILIPPINES, VS. LORIE VILLAHERMOSA Y LECO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of the foregoing, judgment is rendered as follows: 1. In Criminal Case No. 02-3170 , the Court finds [appellant] LORIE VILLAHERMOSA y LECO GUILTY of the charge for violation of [Section] 5, [Article] II, [Republic Act No.] 9165 and sentences her to suffer LIFE imprisonment and to pay a fine of Five Hundred Thousand (P500,000.00) pesos ; 2. In Criminal Case No. 02-3171 , the Court finds [appellant] LORIE VILLAHERMOSA y LECO GUILTY of the charge for violation of [Section] 11, [Article] II, [Republic Act No.] 9165 and sentences her to suffer the indeterminate sentence of Twelve (12) years and one (1) day as minimum to Fourteen (14) years and (1) day as maximum and to pay a fine of Three Hundred Thousand (P300,000.00) ; 3. In Criminal Case No. 02-3172 , the Court finds [appellant] LORIE VILLAHERMOSA y LECO GUILTY of the charge for violation of [Section] 12, [Article] II, [Republic Act No.] 9165 and sentences her to suffer the indeterminate sentence of Six (6) months [and] one (1) day as minimum to Four (4) years as maximum and to pay a fine of Ten Thousan (sic) (P10,000.00) pesos . In all cases, the period during which the [appellant] was under detention shall be considered in her favor pursuant to existing rules. The Branch Clerk of Court is directed to transmit to the Philippine Drug Enforcement Agency (PDEA) the zero point zero six gram (0.06), zero point zero three (0.03), zero point fifty four (0.54), zero point zero two (0.02) gram, zero point zero five (0.05) gram, zero point zero three gram (0.03), traces and zero point zero three (0.03) gram or a combined weight of zero point seventy six gram (0.76) of Methamphetamine Hydrochloride, one (1) improvised glass tooter, five (5) strips of aluminum foil, fourteen (14) pieces of transparent plastic sachets and three (3) pieces of disposable lighters subject matter of Criminal Cases Nos. 02-3170, 02-3171, 02-3172 for said agency's appropriate disposition. [39] [Emphasis supplied]. Aggrieved, appellant appealed the aforesaid 3 October 2006 Decision of the trial court to the Court of Appeals via Notice of Appeal. [40] In her brief, appellant's lone assignment of error was: the trial court gravely erred in convicting the [appellant] of the crimes charged notwithstanding the failure of the prosecution to prove her guilt beyond reasonable doubt . [41] After a thorough study of the records, the Court of Appeals rendered its assailed Decision dated 23 April 2008, affirming in toto appellant's conviction for violation of Sections 5, 11 and 12, Article II of Republic Act No. 9165. The decretal portion reads: WHEREFORE , the Decision of the Regional Trial Court of Makati City, Branch 65 in Criminal Cases Nos. 02-3170-72, finding appellant Lorie Villahermosa y Leco, guilty beyond reasonable doubt of violation of Sections 5, 11 and 12, Article II of [Republic Act No.] 9165 is hereby AFFIRMED in toto . [42] Appellant appealed to this Court contending that the trial court gravely erred in givin