G.R. No. 185386 - PEOPLE OF THE PHILIPPINES, VS. BERNABE ANESLAG Y ANDRADE, MENDA* ANESLAG Y NECOLAY (ACQUITTED), MAE ELARMO Y NECOLAY (ACQUITTED), AND JOCELYN CONCEPCION Y LAO,** ACCUSED, BERNABE ANESLAG Y ANDRADE AND JOCELYN CONCEPCION Y LAO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly given her own identification markings, as follows: GRS-2 was marked D-419-03 A2 AUB, GS-1 was marked D-419-03 A3 AUB, GS-2 was marked D-419-03 A4 AUB, GS-3 was marked D-419-03 A5 AUB and GS-4 was marked D-419-03 A6 AUB. Each of the packs gave positive result for the presence of shabu . She prepared Chemistry Report No. D-419-03 (re-exam), Exh. D which embodies her findings and conclusion that Specimens A1 to A6 contain Methamphetamine Hydrochloride, a dangerous drug. [6] Version of the Defense The defense presented the testimonies of Mae, appellant Bernabe and appellant Jocelyn. The evidence for the defense, as summarized in the trial courts May 7, 2005 Decision, tends to establish the following: Mae Elarmo is 20 years old, single, jobless and a resident of Alubijid, Misamis Oriental. She is a niece of co-accused Menda Aneslag. Accused Bernabe Aneslag is the husband of Menda. She calls him Uncle Boy. In March 2003, she resided with the spouses Aneslag at P-02 Buruun, Iligan City. At about 7 to 7:30 p.m., March 30, 2003, Mae, Bernabe, Menda and Joy Lao aka Jocelyn Concepcion were having dinner at an ala carte restaurant somewhere in Iligan City. She could not pinpoint the exact location. They were having the (sic) dinner on the invitation of Joy Lao. During the dinner, her Uncle Boy instructed her to go to room 65 of Patria Pension and find out if a woman named Loren and a male companion were there. He gave her the fare. She rode on a PU car and went to Patria Pension. On arrival, she went directly to Rm 65. She knocked at the door and it was opened by the woman, named Loren. She asked me who are you. Mae replied Uncle Boy sent her. Loren invited her in and asked where was Uncle Boy. She replied she left him behind. Loren asked Do you have the thing now? Mae replied What thing. Loren said You do not know and Mae replied No. Loren had a male companion, who was about 30 years old, short, of white complexion, with a short haircut and of medium build. Loren was tall, white and also about 30 years old. About thirty minutes later, Bernabe Aneslag, Menda Aneslag and Joy Lao arrived at Rm 65. When they were already inside the room, the door was suddenly kicked open. Col. Abutay and companions entered. They pointed guns to them as Col. Abutay declared Do not move, this is a buy-bust operation. They handcuffed Mae, Bernabe, Menda and Joy and frisked them. They confiscated from Mae her wallet with P800.00, from Bernabe his watch and wallet, from Menda her celphone, necklace and wallet and from Joy her money. At this time, Loren and her male companion already left. Then Col. Abutay called on his celphone saying Come here now. A few minutes later, Officers Englatierra and Cabahug entered the room. They were taken downstairs and Mae saw George Salo for the first time at the front desk. They were taken on board a jeep driven by Officer Cabahug to the Police Precinct 01. After that, they were brought to the PDEA office in Ca