CA affirms conviction of woman for selling drugs

CEBU, Philippines - Citing that the trial court did not err in convicting a woman for selling illegal drugs, the Court of Appeals Cebu Station affirmed the decision finding Alma Jacalan guilty of Republic Act 9165 or Comprehensive Dangerous Drugs Act.

Associate Justice Gabriel Ingles said the prosecution was able to establish the elements of the said law and the preservation of the evidence.

 â€œAppellant contends that the court erred in convicting her inasmuch as the prosecution failed to prove the corpus delicti of the crime on the ground that the plastic packet containing the shabu was not marked at the scene of the crime but at the police station. We do not agree,” the decision reads.

 Ingles said the documentary and the testimonial evidence presented by the prosecution clearly established the buy-bust operation.

 Jacalan was charged for a violation of Section 5 of RA 9165. She was sentenced by the trial court to suffer the penalty of life imprisonment and a fine of half million. The confiscated shabu was forfeited in favor of the government.

The accused was arrested on November 28, 2006 at 3:30 p.m. She was arrested of selling 0.04 gram of shabu.

 During the arrangement of the case, the accused pleaded not guilty. However, to prove her guilt, the prosecution presented two witnesses PO1 Ansgar Baby Boy Reales and SPO1 Alejandro Batobalonos.

 The two said they were in Sitio Cogon, A. Lopez, Labangon, Cebu City for a buy-bust operation. It was Reales who was designated as poseur-buyer.

 After the payment was made, the police then arrested the accused. The police marked the confiscated evidence at the police station.

Upon examination, the confiscated item was found positive for the presence of methamphetamine hydrochloride, or shabu.

For her defense, the accused denied the charges. She said during the alleged operation, she was in the house of her brother. Thereafter, two policemen arrived and arrested her. She asked the police what violation she committed and she was told an asset bought shabu from her which she vehemently denied.

 Her statement was corroborated by her cousin Margarita Pateño.She was convicted by the trial court so she raised the matter before the CA.

 However, Ingles in his decision affirmed the decision of the trial court. (FREEMAN)