Female pusher gets life imprisonment

CEBU, Philippines - The Court of Appeals has upheld a lower court decision finding a female drug pusher guilty and meted her life imprisonment.

The 18th division of the appellate court, in a decision penned by Associate Justice Gabriel Ingles, dismissed the appeal filed by Alice Paca for lack of merit.

“Appellant failed to give any plausible reason why the findings of the Regional Trial Court should be reversed. This Court upholds the presumption of regularity in the performance of official duties and finds that the prosecution has succeeded in discharging the burden of proving the guilt of the appellant beyond the cavil of reasonable doubt,” the decision read.

Paca was found guilty of violating Section 5, Article II of Republic Act 9165 otherwise known as the Comprehensive Dangerous Drugs Act. She was meted life imprisonment and fined P500,000 by the trial court.

She was arrested during a buy-bust operation conducted by the operatives of the Philippine Drug Enforcement Agency-7 in January 2009.

The PDEA-7 claimed to have received information about an illegal drug trade in Barangay Pasil. It was a certain Darwin Garcia who was the subject of the operation.

Paca was allegedly with Garcia during the operation. In fact, the pack of shabu that Garcia allegedly handed to an undercover policeman during the operation came from Paca.

Garcia, however, managed to escape but Paca was arrested.

Paca denied selling shabu. According to her, she was just watching television when she noticed a commotion outside prompting her to check it out.

She allegedly met the police officers who asked her of the whereabouts of Garcia. When she could not give any information, the police placed her under arrest and charged her for selling drugs in conspiracy of Garcia.

According to Paca, she was just doing laundry and some errands for Garcia.

But the court said the prosecution has satisfactorily established conspiracy between Paca and Garcia.

“In this case, conspiracy is inferred and proved since on the day of the buy-bust operation, accused-appellant arrived together with Garcia, an individual suspected of being involved in illegal drug activities,” the court ruled.

It added that Paca was beside Garcia during the transaction and it was her who gave a pack of shabu to the latter after receiving the P500 marked money used in the buy-bust operation. —FPL (FREEMAN)