CA upholds drug conviction

CEBU, Philippines - A woman will spend her life in jail after Executive Justice Pampio Abarintos of the Court of Appeals 18th Division affirmed the conviction of  Elvira  Monteverde, a resident of Sitio Laray, Barangay Inayawan, Cebu City, for selling illegal drugs.

In his decision, Abarintos said accused-appellant failed to prove that the authorities acted in bad faith when they arrested her and the trial court erred in convicting her.

“All told, we find the testimony of the prosecution witnesses adequately proved that accused-appellant had indeed been engaged in the sale of shabu. This Court is convinced that the prosecution was able to prove the guilt of accused-appellant beyond reasonable doubt and that the trial court was correct in finding her guilty,” he ruled.

Monteverde was convicted on Dec. 14, 2010 by the trial court for violation of Section 5 Article II of  Republic Act 9165 or the Comprehensive Dangerous Drugs Act and sentenced to a penalty of life imprisonment and a fine of  half  a million pesos.

According to the complaint, the accused-appellant was arrested through a buy-bust operation by the Philippine Drug Enforcement Agency-7 on Feb. 22, 2005 and 48.70 grams of  shabu were recovered from her possession.

The accused-appellant said on the said date she was going to buy milk for her child when three men, whom she later identified as members of the PDEA, suddenly held her hand and asked her if  she knew a certain Judith, to which she said ‘no’.

Later she said the policemen brought her to their service vehicle and asked for P1,000. She told them that she had no money to give. She said she was then brought to their office and eventually a complaint was filed against her.

The accused-appellant said in her appeal that the court erred in convicting her as the chain of custody of the alleged evidence recovered from her custody was broken.

Abarintos, however, said with the foregoing and based on the evidence, it was revealed that the chain of  custody from the time of confiscation up to the examination and to the filing of complaint was unbroken, all was properly documented.  (FREEMAN)