People of The Phil vs. Mercader

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MELANIE B.
MERCADER, Accused-Appellant
G.R. No. 233480, June 20, 2018
THE FACTS
The instant case stemmed from two (2) Information filed before the RTC charging Mercader of the crime
of Illegal Sale and Illegal Possession of Dangerous Drugs, respectively defined and penalized under
Sections 5 and II, Article II of RA 9I65, the accusatory portions of which state.
That on or about the 8th day of September 2003, in the City of Antipolo, Philippines and within the
jurisdiction of this Honorable Court, the above-named accused, not being authorized by law to sell or
otherwise dispose of any dangerous drug, did, then and there willfully, unlawfully and knowingly sell,
deliver and give away to POI Christopher Anos, who acted as a poseur buyer, One (1) heat sealed
transparent plastic sachet containing 0.03 gram of white crystalline substance, for and in the (sic)
consideration of the sum of P 200.00, which after the corresponding laboratory examination conducted
by the PNP Crime Laboratory gave a positive result to the test for Methamphetamine Hydrochloride,
also known as "shabu", a dangerous drug, in violation of the above-cited law.
That on or about the 8th day of September 2003, in the City of Antipolo, Philippines and within the
jurisdiction of this Honorable Court, the above-named accused, without having been lawfully authorized
by law to possess/use any dangerous drugs, did, then and there willfully, unlawfully and feloniously have
in her possession, custody and control Two (2) heat sealed transparent plastic sachets containing 0.02
gram and 0.02 gram respectively and/or with total weight of 0.04 gram of white crystalline substance,
which after the corresponding laboratory examination conducted thereon by the PNP Crime Laboratory
both gave positive results to the test for Methamphetamine Hydrochloride, also known as "shabu", a
dangerous drug, in violation of the above-cited law.
COURT DECISION
Before the Court is an ordinary appeal filed by accused-appellant Melanie B. Mercader (Mercader)
assailing the Decision2 dated March 17, 2017 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 08110,
which affirmed the Decision3 dated October 3, 2015 of the Regional Trial Court of Antipolo City, Branch
73 (RTC) in Crim. Case Nos. 03-26511 and 03-26512 finding Mercader guilty beyond reasonable doubt of
violating Sections 5 and 11, Article II of Republic Act No. (RA) 9165,4 otherwise known as the
"Comprehensive Dangerous Drugs Act of 2002."
PENALTY
In a Decision dated October 3, 2015, the RTC ruled as follows: (a) in Crim. Case No. 03-26511, Mercader
was found guilty beyond reasonable doubt of violating Section 5, Article II of RA 9165 and, accordingly,
sentenced to suffer the penalty of life imprisonment and to pay a fine of P500,000.00; and (b) in Crim.
Case No. 03-26512, Mercader was likewise found guilty beyond reasonable doubt of violating Section
11, Article II of RA 9165 and, accordingly, sentenced to suffer the penalty of imprisonment for twelve
(12) years and one (1) day to twenty (20) years, and to pay a fine of P300,000
A REFLECTION PAPER ABOUT THE CASE OF MELANIE B. MERCADER
People of the Philippines v. Melanie B. Mercader began in Regional Trial Court of Antipolo City. It was
then argued, on or about the 8th day of September 2003.The issue regarding this case was whether
Mercader conviction under the Republic Act No. (RA) 9165,4 otherwise known as the "Comprehensive
Dangerous Drugs Act of 2002." Information filed before the RTC charging Mercader of the crime of
Illegal Sale and Illegal Possession of Dangerous Drugs, respectively defined and penalized under Sections
5 and II, Article II of RA 9I65, the accusatory portions of which state. Mercader was found guilty beyond
reasonable doubt of violating Section 5, Article II of RA 9165
This case is good example for all individual who promote using and selling drugs. One of the main ways
someone can make easy money is by selling drugs. The reasons why people sell drugs is so they can
afford to buy drugs for themselves and use it. Others sell drugs because they are trying to make fast
money so they can provide for their family. Then you have the gang members that pressure their fellow
members to sell drugs in order to be part of the family. Also, we have the adolescent teens that see
these drug dealers with their fancy cars and clothes and want their lifestyle. Lastly you have people that
are forced to sell drugs to pay off a debt. Selling drugs honestly isn 't worth it because the risks outweigh
the benefits. When people become addicted to drugs it becomes their whole life and they do anything
they can to fulfill that craving. Most people become drug dealers because they need to make money. All
it takes is trying it one time and liking the way you feel when you 're on that drug, for someone to get
hooked.
Selling maybe easy and fast, but it carries many consequences in return. The grave effect of selling
drugs is being killed in Drug war battles. Get caught and they’re always be the ones in jail serving time.
In my own opinion, selling drugs is not earning a real money. Real money is when you work hard, when
sweat is being put in the peso bills that are placed into your palms with respect.
In conclusion, the cause and effect of selling drugs is not different in severity. Except cause can be
changed by finding solution to solve the issue, which will bring positive effects. Selling drugs quicker to
make money, but the effect of selling is more consequential.

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PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MELANIE B.

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