G.R. No. 205610 - PEOPLE OF THE PHILIPPINES, VS. RAMONITO VILLARTA Y RIVERA AND ALLAN ARMENTA Y CABILES, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , premises considered, judgment is hereby rendered as follows: 1) In Criminal Case No. 14948-D , this Court finds the [herein appellant] Ramonito Villarta y Rivera alias Monet, guilty beyond reasonable doubt of the crime of Violation of Section 5, Article II of R.A. No. 9165 , otherwise known as the Comprehensive Dangerous Drugs of 2002, and he is sentenced to suffer the penalty of life imprisonment and to pay a fine in the amount of P500,000.00 without subsidiary imprisonment in case of insolvency; 2) In Criminal Case No. 14949-D and Criminal Case No. 14951-D , this Court finds the [appellants] Ramonito Villarta y Rivera alias Monet and Allan Armenta y Cabiles alias Ambo, guilty beyond reasonable of the crime of Violation of Section 11, Article II of R.A. No. 9165 , otherwise known as the Comprehensive Dangerous Drugs of 2002 and they are each sentenced to suffer an indeterminate prison term of twelve (12) years and one (1) day, as minimum, to fourteen (14) years and eight (8) months, as maximum, and to pay a fine of P300,000.00 without subsidiary imprisonment in case of insolvency; and 3) Criminal Case No. 14950-D and Criminal Case No. 14952-D for Violation of Section 15, Article II of R.A. No. 9165 otherwise known as the Comprehensive Dangerous Drugs of 2002 against [appellants] Ramonito Villarta y Rivera alias Monet and Allan Armenta y Cabiles alias Ambo are ordered DISMISSED. In the meantime, the Branch Clerk of Court is directed to transmit the dangerous drugs, ephedrine, subject of these cases to the Philippine Drug Enforcement Agency for its disposition in accordance with law. [19] (Emphasis supplied). The RTC elucidated that the prosecution has sufficiently established all the elements for a successful prosecution of illegal sale of prohibited drugs, which is in violation of Section 5, Article II of Republic Act No. 9165. PO2 Caparas, who acted as the poseur -buyer, specifically stated that appellant Villarta sold to him one-heat sealed transparent plastic sachet containing 0.02 gram of white crystalline substance worth P200.00. It was seized and later on found positive to the test for ephedrine , a dangerous drug. Their transaction was proven by the actual exchange of the marked money consisting of two P100.00-peso bills, and the drug sold. PO2 Caparas positively identified appellant Villarta as the seller of the said one-heat sealed transparent plastic sachet containing white crystalline substance, which was later on confirmed as ephedrine , a dangerous drug, by P/Sr. Insp. Go, the Forensic Chemist, who performed laboratory examination on all the seized items. [20] As for the charge of illegal possession of prohibited drugs, which is in violation of Section 11, Article II of Republic Act No. 9165, against both appellants, the RTC also found that all the elements thereof were completely satisfied. When the appellants were arrested by PO2 Caparas and PO2 Cambronero, they were both found in possession of dangerous drugs. Bot