G.R. No. 208643 - PEOPLE OF THE PHILIPPINES, V. SUSAN M. TAMAÑO AND JAFFY B. GULMATICO, ACCUSED-.DECISION - Supreme Court E-Library

Ruling

accordingly marked by SPO3 Calaor and turned over to PDEA Exhibit Custodian SPO4 Gafate. The following day, SPO3 Calaor took the same items to the Iloilo City Prosecution Office where they were all inventoried. Thereafter, SPO3 Calaor submitted some of the items, including the sachets of suspected shabu , to the PNP Crime Laboratory for examination. P/Insp. Ompoy, Forensic Chemical Officer, examined the sachets, and the contents turned positive to the test for methampheatmine hydrochloride ( shabu ), while the plastic straw revealed traces of shabu, as stated in Chemistry Report No. D-17304 ( Exhibits "E" and "E-3'' ). The defense, on the other hand, presented appellants and offered a different version of what transpired on the day of the arrest. Appellants narrated that around 9:00 o'clock in the morning of July 27, 2004, appellant Tamaño was helping her aunt at the latter's "carenderia" situated at the Lapaz Public Market. She was, at the same time, waiting for appellant Gulmatico because they agreed to visit their friend, Joel Amihan, in Brgy. Gustilo, Lapaz. Appellant Tamaño's friend named Gigi arrived and requested appellant Tamaño to bring to Gigi's boyfriend, in Bo. Obrero, Iloilo City, pieces of clothing placed in a plastic bag. When appellant Gulmatico arrived, the two appellants proceeded to Brgy. Gustilo. Along the way, appellant Tamaño got suspicious of the contents of the plastic bag, so she let appellant Gulmatico carry the same. When the two were at the house of Joel Amihan, Jeffrey Valenzuela, who is a common friend, arrived. After some conversations, the four decided to leave the place. While leaving, appellants were accosted by the police officers and brought to Camp Delgado where they were searched. As a result of the search, sachets of suspected shabu and shabu paraphernalia, among others, were recovered from the plastic bag of Gigi which was then being carried by appellant Gulmatico. [9] During the trial of the cases, two other witnesses corroborated some portions of the testimonies of appellants. [10] On May 29, 2007, the RTC rendered a Decision convicting appellants of Violation of Sections 5, 11 and 12, Article II of R.A. No. 9165. The pertinent portions of the fallo read as follows: WHEREFORE, judgment is hereby rendered as follows: 1. Finding accused Susan Tamaño y Marcelino and Jaffy Gulmatico y Banal GUILTY beyond reasonable doubt of violation of Section 5, Article II of Republic Act No. 9165 in Criminal Case No. 04-59517 and sentencing both accused to suffer the penalty of life imprisonment and to pay individually the fine of Five Hundred Thousand (P500,000.00) Pesos; 2. Finding accused Susan Tamaño y Marcelino GUILTY beyond reasonable doubt of violation of Section 11, Article II of Republic Act No. 9165 in Criminal Case No. 04-59518 and sentencing said accused to suffer an indeterminate penalty of imprisonment ranging from Twelve (12) Years and One (1) Day, as minimum, to Fourteen (14) Years, as maximum, and to pay t