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Andermatt Swiss Alps AG, Gotthardstrasse 2, 6490 Andermatt is the operator of the website www.gotthard-residences.ch and is thus responsible for the collection, processing, and use of your personal data and for processing data in compliance with applicable data protection laws.
Please read the following information to know what personal information we collect from you and for what purpose we use it.
The collection and processing of this data is done for the purpose of enabling the use of our website, continuously ensuring system security and stability, optimising our website, and for internal statistical purposes. This is our legitimate interest in the processing of data in the sense of Art. 6 Par. 1 lit. f GDPR.
Furthermore, the IP address will be evaluated, together with other data, in case of attacks on the network infrastructure or other unauthorized use or misuse of the website, for the purpose of intelligence and protection, and, if appropriate, used in criminal proceedings for identification and civil and criminal proceedings against the relevant users. This is our legitimate interest in the processing of data in the sense of Art. 6 Par. 1 lit. f GDPR.
We use this data, along with a telephone number you may voluntarily give, only in order to answer your contact question in the best possible and personalized manner. Therefore, in accordance with Art. 6 Par. 1 lit. b GDPR, the processing of this data is required in order to conduct pre-contractual activities or is in our legitimate interest in accordance with Art. 6 Par. 1 lit. f GDPR.
The above is necessary for data processing. You may voluntarily provide additional information as well. We process this data exclusively to personalise the information and offers we send you and to better align it with your interests.
By registering, you give us your consent to process the given data in order to periodically send the newsletter to the address you have given and for the statistical evaluation of user behaviour and optimisation of the newsletter. This consent constitutes the legal basis for our processing of your e-mail address in the sense of Art. 6 Par. 1 lit. a GDPR. We are entitled to commission third parties with the technical handling of promotional measures and are entitled to pass on your data for this purpose (cf. cipher. 12).
At the end of each newsletter a link is provided by means of which you can unsubscribe at any time. When unsubscribing, you may voluntarily give us the reason. After unsubscribing, your personal data will be deleted. Further processing will be done in anonymous form only in order to optimise our newsletter.
The collection of this data that you have so far voluntarily provided is used for the purpose of providing you password-protected direct access to your base data we have stored. Here you can view your past and current reservations and manage or change your personal data.
The legal basis for processing the data for this purpose lies in the consent you have provided in accordance with Art. 6 Par. 1 lit. a GDPR.
We will use this information as well as other information you voluntarily provide (e.g. expected arrival time, vehicle license plate number, preferences, comments) only in order to execute the agreement, unless otherwise stated in this Data Privacy Statement or you have not specifically consented thereto. We will process the data by name in order to record your reservation as you have requested, to make available the booked services, to contact you in case of a question or problem, and to ensure correct payment.
The legal basis for data processing for this purpose lies in the fulfilment of an agreement in accordance with Art. 6 Par. 1 lit. b GDPR.
Cookies help in many ways to make your visit to our website easier and more convenient and sensible. Cookies are information files that your web browser automatically saves on your computer’s hard drive when you visit our website.
Most internet browsers accept cookies automatically. However, you can configure your browser so that no cookies will be stored on your computer or that a message will appear every time you receive a new cookie. Disabling cookies can result in preventing you from using all the functions of our website.
The information is used to evaluate the use of the website, to compile reports on website activity, and to provide other services related to website activity and internet usage for purposes of market research and needs-based design of this website. This information may also be transferred to third parties if required by law or if the third parties are contracted for processing the data.
The provider of Google Analytics is Google Inc., an enterprise of the holding company Alphabet Inc, domiciled in the USA. Before the data is transmitted to the provider, the IP address will be abbreviated by activating IP anonymisation (“anonymizeIP”) on this website within the member states of the European Union or in other contracting states of the agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and abbreviated there. In these cases, we provide contractual guarantees to ensure that Google Inc. maintains a sufficient level of data protection. According to Google Inc., under no circumstances will the IP address be associated with any other user-related data.
More information about the web analytics service used is available at the website of Google Analytics.
We collect this information in order to comply with legal reporting obligations stipulated in particular by hotel-business or police law. Insofar as we are required to do so under the applicable regulations, we will forward this information to the relevant police authorities.
In fulfilling the legal requirements, our legitimate interest is in the sense of Art. 6 Par. 1 lit. f GDPR.
If you receive additional services as part of your stay, the service and the point in time it was received will be recorded by us for invoicing purposes. The processing of this data is in the sense of Art. 6 Par. 1 lit. b GDPR and required for executing the agreement with us.
If you place reservations through a third-party platform, we will receive various personal information from the respective platform operator. This is typically the data listed under cipher 5 of this Data Privacy Statement. In addition, enquiries regarding your reservation may be forwarded to us. We will process this data by name in order to record your reservation as requested and to provide the booked services. The legal basis of data processing for this purpose lies in the fulfilment of an agreement as described in Art. 6 1 lit. b GDPR.
Finally, we may be notified by the platform operators about disputes related to a reservation. In this case, we may also receive data on the reservation process, which may include a copy of the booking confirmation as evidence of the actual finalisation of the reservation. We process this data in order to safeguard and enforce our rights. This is our legitimate interest in the sense of Art. 6 Par. 1 lit. f GDPR.
We store personal data only as long as necessary in order to use the aforementioned tracking services and the further processing within the scope of our legitimate interest. We store contract data for a longer period of time in order to comply with legal obligations for data retention. Data retention requirements that are obligatory for us arise from regulations set forth by reporting, accounting, and tax law. According to these regulations, business communication, closed contracts, and reservation documents must be retained for up to 10 years. Once we no longer require these data to carry out the services for you, the data will be blocked. This means that the data may then be used only for tax and accounting purposes.
We pass on your personal data only if you have expressly consented to it, if we are legally obligated to, or if this is necessary to enforce our rights, especially rights concerning the contractual relationship. Furthermore, we pass on your personal data to third parties insofar as this is required in the context of using the website and in contract processing, specifically, the processing of your reservation.
A service provider to whom the personal data collected via the website is passed on or who has or can have access to it is our web host (Aronet, Willisau). The website is hosted on servers in Switzerland. The transfer of data is for the purpose of providing and maintaining the functionality of our website. This is our legitimate interest in the sense of Art. 6 Par. 1 lit. f GDPR.
Finally, if you pay by credit card through the website, we forward your credit card information to the credit card issuer and the credit card acquirer. If you choose to pay by credit card, you will be asked to provide all the necessary information. The legal basis for passing on the data lies in the fulfilment of an agreement in the sense of Art. 6 Par. lit. b GDPR.
We are also entitled to transfer your personal data to third parties abroad for the purposes of the data processing described in this Data Privacy Statement. They are obliged to protect data privacy to the same extent as we ourselves. If the level of data protection in a given land does not correspond to the Swiss or European level, we contractually ensure that the protection of your personal data corresponds to that in Switzerland or the EU at all times.
You have the right to request and receive information about your personal data that we have stored. Furthermore, you have the right to correct inaccurate data and the right to have your personal data deleted, as far as no legal retention obligation stands in the way or a regulatory authorisation that allows us to process the data.
You also have the right to reclaim from us the data you have given us (right to data portability). On request, we will also pass the data on to a third party of your choice. You have the right to receive the data in a commonly used file format.
You can contact us for the aforementioned purposes at the e-mail address datenschutz@ andermatt-swissalps.ch. We may, at our sole discretion, require proof of identity before processing your request.
We do not want to collect personal information from minors; however, we cannot always verify the age of people who visit and use our websites. If a minor provides us with their information without the consent of their parent or guardian, we will ask the parent or guardian to contact us for the purpose of deleting that information and preventing the minor from receiving any promotional material from us in the future.
We use appropriate technical and organizational security measures to protect your stored personal data against manipulation, partial or complete loss, and unauthorized access by third parties. Our security measures are being continuously improved in line with technical developments. You should always treat your access data confidentially and close the browser window when you have finished communicating with us, especially if you share your computer with others.
In the interest of completeness, we would like to point out to users domiciled in or residing in Switzerland that in the USA there are government surveillance measures that generally allow the storage of all personal data of all persons whose data has been transferred from Switzerland to the USA. This is done without differentiation, limitation, or exception on the basis of the objective pursued and without objective criteria that would limit the access of US authorities to the data and their subsequent use to very specific, strictly limited purposes that could justify both the access to these data and intervention related to their use. Furthermore, we would like to point out that in the USA there are is no right of appeal for affected people in Switzerland that would allow them to gain access to their personal data or to effect their correction or deletion, and there is no effective judicial protection against general access by US authorities. We explicitly inform affected persons of this legal and factual situation in order for them to make an accordingly informed decision concerning consent to the use of their data.
We point out to users domiciled in an EU member state that, in the point of view of the European Union, the USA – partly because of the issues mentioned in this paragraph – does not have a sufficient level of data protection. To the extent we have explained in this Data Privacy Statement that recipients of data (such as Google) are based in the USA, we will ensure that your data is protected at a reasonable level by our partners either through contractual arrangements with these companies or by ensuring the certification of such companies under the EU- or Swiss-US Privacy Shield.

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In this chapter we have particular directions given for the distribution of the land, of which we had the metes and bounds assigned in the foregoing chapter. I. The portions of the twelve tribes, seven to the north of the sanctuary (v. 1-7) and five to the south (v. 23�). II. The allotment of land for the sanctuary, and the priests (v. 8�), for the Levites (v. 12�), for the city (v. 15�), and for the prince (v. 21, 22). Much of this we had before, ch. 45. III. A plan of the city, its gates, and the new name given to it (v. 30�), which seals up, and concludes, the vision and prophecy of this book.
We have here a very short and ready way taken for the dividing of the land among the twelve tribes, not so tedious and so far about as the way that was taken in Joshua's time; for in the distribution of spiritual and heavenly blessings there is not that danger of murmuring and quarrelling that there is in the participation of the temporal blessings. When God gave to the labourers every one his penny those that were uneasy at it were soon put to silence with, May I not do what I will with my own? And such is the equal distribution here among the tribes. In this distribution of the land we may observe, 1. That it differs very much from the division of it in Joshua's time, and agrees not with the order of their birth, nor with that of their blessing by Jacob or Moses. Simeon here is not divided in Jacob, nor is Zebulun a haven of ships, a plain intimation that it is not so much to be understood literally as spiritually, though the mystery of it is very much hidden from us. In gospel times old things have passed away; behold, all things have become new. The Israel of God is cast into a new method. 2. That the tribe of Dan, which was last provided for in the first division of Canaan (Jos. 19:40), is first provided for here, v. 1. Thus in the gospel the last shall be first, Mt. 19:30. God, in the dispensation of his grace, does not follow the same method that he does in the disposals of his providence. But Dan had now his portion thereabouts where he had only one city before, northward, on the border of Damascus, and furthest of all from the sanctuary, because that tribe had revolted to idolatry. 3. That all the ten tribes that were carried away by the king of Assyria, as well as the two tribes that were long afterwards carried to Babylon, have their allotment in this visionary land, which some think had its accomplishment in the particular persons and families of those tribes who returned with Judah and Benjamin, of which we find many instances in Ezra and Nehemiah; and it is probable that there were returns of many more afterwards at several times, which are not recorded; and the Jews having Galilee, and other parts, that had been the possessions of the ten tribes, put into their hands, in common with them, they enjoyed them. Grotius says, If the ten tribes had repented and returned to God, as the chief fathers of Judah and Benjamin did, and the priests and Levites (Ezra 1:5), they would have fared as those two tribes did, but they forfeited the benefit of this glorious prophecy by sin. However, we believe it has its designed accomplishment in the establishment and enlargement of the gospel church, and the happy settlement of all those who are Israelites indeed in the sure and sweet enjoyment of the privileges of the new covenant, in which there is enough for all and enough for each. 4. That every tribe in this visionary distribution had its particular lot assigned it by a divine appointment; for it was never the intention of the gospel to pluck up the hedge of property and lay all in common; it was in a way of charity, not of legal right, that the first Christians had all things common (Acts 2:44), and many precepts of the gospel suppose that every man should know his own. We must not only acknowledge, but acquiesce in, the hand of God appointing us our lot, and be well pleased with it, believing it fittest for us. He shall choose our inheritance for us, Ps. 47:4. 5. That the tribes lay contiguous. By the border of one tribe was the portion of another, all in a row, in exact order, so that, like stones in an arch, they fixed, and strengthened, and wedged in one another. Behold how good and how pleasant a thing it is for brethren thus to dwell together! It was a figure of the communion of churches and saints under the gospel-government; thus, though they are many, yet they are one, and should hold together in holy love and mutual assistance. 6. That the lot of Reuben, which before lay at a distance beyond Jordan, now lies next to Judah, and next but one to the sanctuary; for the scandal he lay under, for which he was told he should not excel, began by this time to wear off. What has turned to the reproach of any person or people ought not to be remembered for ever, but should at length be kindly forgotten. 7. That the sanctuary was in the midst of them. There were seven tribes to the north of it and the Levites, the prince's, and the city's portion, with that of five tribes more, to the south of it; so that it was, as it ought to be, in the heart of the kingdom, that it might diffuse its benign influences to the whole, and might be the centre of their unity. The tribes that lay most remote from each other would meet there in a mutual acquaintance and fellowship. Those of the same parish or congregation, though dispersed, and having no occasion otherwise to know each other, yet by meeting statedly to worship God together should have their hearts knit to each other in holy love. 8. That where the sanctuary was the priests were: For them, even for the priests, shall this holy oblation be, v. 10. As, on the one hand, this denotes honour and comfort to ministers, that what is given for their support and maintenance is reckoned a holy oblation to the Lord, so it intimates their duty, which is that, since they are appointed and maintained for the service of the sanctuary, they ought to attend continually to this very thing, to reside on their cures. Those that live upon the altar must serve at the altar, not take the wages to themselves and devolve the work upon others; but how can they serve the altar, his altar they live upon, if they do not live near it? 9. Those priests had the priests' share of these lands that had approved themselves faithful to God in times of trial (v. 11): It shall be for the sons of Zadok, who, it seems, had signalized themselves in some critical juncture, and went not astray when the children of Israel, and the other Levites, went astray. God will put honour upon those who keep their integrity in times of general apostasy, and he has special favours in reserve for them. Those are swimming upwards, and so they will find at last, that are swimming against the stream. 10. The land which was appropriated to the ministers of the sanctuary might by no means be alienated. It was in the nature of the first-fruits of the land, and was therefore holy to the Lord; and, though the priests and Levites had both the use of it and the inheritance of it to them and their heirs, yet they might not sell it nor exchange it, v. 14. It is sacrilege to convert that to other uses which is dedicated to God. 11. The land allotted for the city and its suburbs is called a profane place (v. 15), or common; not but that the city was a holy city above other cities, for the Lord was there, but, in comparison with the sanctuary, it was a profane place. Yet it is too often true in the worst sense that great cities, even those which, like this, have the sanctuary near them, are profane places, and it ought to be deeply lamented. It was the complaint of old, From Jerusalem has profaneness gone forth into all the land, Jer. 23:15. 12. The city is made to be exactly square, and the suburbs extending themselves equally on all sides, as the Levites' cities did in the first division of the land (v. 16, 17), which, never being literally fulfilled in any city, intimates that it is to be understood spiritually of the beauty and stability of the gospel church, that city of the living God, which is formed according to the wisdom and counsel of God, and is made firm and immovable by his promise. 13. Whereas, before, the inhabitants of Jerusalem were principally of Judah and Benjamin, in whose tribe it lay, now the head city lies not in the particular lot of any of the tribes, but those that serve the city, and bear office in it, shall serve it out of all the tribes of Israel, v. 19. The most eminent men must be picked out of all the tribes of Israel for the service of the city, because many eyes were upon it, and there was great resort to it from all parts of the nation and from other nations. Those that live in the city are said to serve the city, for, wherever we are, we must study to be serviceable to the place, some way or other, according as our capacity is. They must not come out of the tribes of Israel to the city to take their ease, and enjoy their pleasures, but to serve the city, to do all the good they can there, and in so doing they would have a good influence upon the country too. 14. Care was taken that those who applied themselves to public business in the city, as well as in the sanctuary, should have an honourable comfortable maintenance; lands are appointed, the increase whereof shall be food unto those that serve the city, v. 18. Who goes a warfare at his own charges? Magistrates, that attend the service of the state, as well as ministers, that attend the service of the church, should have all due encouragement and support in so doing; and for this cause pay we tribute also. 15. The prince had a lot for himself, suited to the dignity of his high station (v. 21); we took an account of it before, ch. 45. He was seated near the sanctuary, where the testimony of Israel was, and near the city, where the thrones of judgment were, that he might be a protection to both and might see the that duty of both was carefully and faithfully done; and herein he was a minister of God for good to the whole community. Christ is the church's prince, that defends it on every side, and creates a defense; nay, he is himself a defence upon all its glory and encompasses it with his favour. 16. As Judah had his lot next the sanctuary on one side, so Benjamin had, of all the tribes, his lot nearest to it on the other side, which honour was reserved for those who adhered to the house of David and the temple at Jerusalem when the other ten tribes went astray from both. It is enough if treachery and apostasy, upon repentance, he pardoned, but constancy and fidelity shall be rewarded and preferred.
We have here a further account of the city that should be built for the metropolis of this glorious land, and to be the receptacle of those who would come from all parts to worship in the sanctuary adjoining. It is nowhere called Jerusalem, nor is the land which we have had such a particular account of the dividing of any where called the land of Canaan; for the old names are forgotten, to intimate that the old things are done away, behold all things have become new. Now, concerning this city, observe here, 1. The measures of its out-lets, and the grounds belonging to it, for its several conveniences; each way its appurtenances extended 4500 measures 18,000 in all, v. 35. But what these measures were is uncertain. It is never said, in all this chapter, whether so many reeds (as our translation determines by inserting that word, v. 8, each reed containing six cubits and span, ch. 40:5, and why should the measurer appear with the measuring reed in his hand of that length if he did not measure with that, except where it is expressly said he measured by cubits?) or whether, as others think, it is so many cubits, because those are mentioned ch. 45:2 and ch. 47:3. Yet that makes me incline rather to think that where cubits are not mentioned must be intended so many lengths of the measuring reed. But those who understand it of so many cubits are not agreed whether it be meant of the common cubit, which was half a yard, or the geometrical cubit, which, for better expedition, is supposed to be mostly used in surveying lands, which, some say, contained six cubits, others about three cubits and a half, so making 1000 cubits the same with 1000 paces, that is, an English mile. But our being left at this uncertainty is an intimation that these things are to be understood spiritually, and that what is principally meant is that there is an exact and just proportion observed by Infinite Wisdom in modelling the gospel church, which though now we cannot discern we shall when we come to heaven. 2. The number of its gates. It had twelve gates in all, three on each side, which was very agreeable when it lay four square; and these twelve gates were inscribed to the twelve tribes. Because the city was to be served out of all the tribes of Israel (v. 19) it was fit that each tribe should have its gate; and, Levi being here taken in, to keep to the number twelve Ephraim and Manasseh are made one in Joseph, v. 32. On the north side were the gates of Reuben, Judah, and Levi (v. 31), on the east the gates of Joseph, Benjamin, and Dan (v. 32), on the south the gates of Simeon, Issachar, and Zebulun (v. 33), and on the west the gates of Gad, Asher, and Naphtali, v. 34. Conformable to this, in St. John's vision, the new Jerusalem (for so the holy city is called there, though not here) has twelve gates, three on a side, and on them are written the names of the twelve tribes of the children of Israel, Rev. 21:12, 13. Note, Into the church of Christ, both militant and triumphant, there is a free access by faith for all that come of every tribe, from every quarter. Christ has opened the kingdom of heaven for all believers. Whoever will may come and take of the water of life, of the tree of life, freely. 3. The name given to this city: From that day, when it shall be newly-erected according to this model, the name of it shall be, not, as before, Jerusalem桾he vision of peace, but which is the original of that, and more than equivalent to it, Jehovah Shammah桾he Lord is there, v. 35. This intimated, (1.) That the captives, after their return, should have manifest tokens of God's presence with them and his residence among them, both in his ordinances and his providences. They shall have no occasion to ask, as their fathers did, Is the Lord among us, or is he not? for they shall see and say that he is with them of a truth. And then, though their troubles were many and threatening, they were like the bush which burned but was not consumed, because the Lord was there. But when God departed from their temple, when he said, Migremus hinc桳et us go hence, their house was soon left unto them desolate. Being no longer his, it was not much longer theirs. (2.) That the gospel-church should likewise have the presence of God in it, though not in the Shechinah, as of old, yet in a token of it no less sure, that of his Spirit. Where the gospel is faithfully preached, gospel ordinances are duly administered, and God is worshipped in the name of Jesus Christ only, it may truly be said, The Lord is there; for faithful is he that has said, and he will be as good as his word, Lo, I am with you always even unto the end of the world. The Lord is there in his church, to rule and govern it, to protect and defend it, and graciously to accept and own his sincere worshippers, and to be nigh unto them in all that they call upon him for. This should engage us to keep close to the communion of saints, for the Lord is there; and then whither shall we go to better ourselves? Nay, it is true of every good Christian; he dwells in God, and God in him; whatever soul has in it a living principle of grace, it may be truly said, The Lord is There. (3.) That the glory and happiness of heaven should consist chiefly in this, that the Lord is there. St. John's representation of that blessed state does indeed far exceed this in many respects. That is all gold, and pearls, and precious stones; it is much larger than this, and much brighter, for it needs not the light of the sun. But, in making the presence of God the principal matter of its bliss, they both agree. There the happiness of the glorified saints is made to be that God himself shall be with them (Rev. 21:3), that he who sits on the throne shall dwell among them, Rev. 7:15. And here it is made to crown the bliss of this holy city that the Lord is there. Let us therefore give all diligence to make sure to ourselves a place in that city, that we may be for ever with the Lord.

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G.R. No. 191396, April 17, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARILYN AGUILAR Y MANZANILLO, Accused-Appellant.
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARILYN AGUILAR Y MANZANILLO, Accused-Appellant.
Aguilar pleaded not guilty to both charges when arraigned on January 10, 2005.5 During the pre-trial conference6 on February 16, 2005, Aguilar and her counsel admitted the genuineness and due execution of the Letter Request for Drug Test, Initial Laboratory Report, Request for Laboratory Examination, and photocopy of the marked money in evidence. Counsel for Aguilar also admitted Aguilar’s identity as the one arrested by the police officers on November 30, 2004, as indicated in the Informations. The parties also agreed that among the issues to be resolved by the RTC were the validity of Aguilar’s arrest and the subsequent search of her person absent the necessary warrants.
Trial then ensued with the prosecution presenting Police Officer 2 (PO2) Roel Medrano, the poseur-buyer who was a member of the Philippine National Police (PNP) assigned at the Anti-Illegal Drugs, Special Operation Task Force of the Southern Police District at Fort Bonifacio in Taguig, Manila. It also presented Police Inspector (P/Insp.) Angel Timario, the Forensic Chemist of the PNP Crime Laboratory in Camp Crame, Quezon City who conducted the examination of the drugs. After the prosecution rested its case, the defense presented Aguilar herself and her niece, Gerolyn A. Lazaro (Lazaro).
To determine the presence of dangerous drugs.
Qualitative examination conducted on the above-stated specimens gave POSITIVE result to the tests for Methylamphetamine hydrochloride, a dangerous drug.
Specimens A-1 and A-2 contain Methylamphetamine hydrochloride, a dangerous drug.
2) In Criminal Case No. 04-2963-CFM, this Court likewise finds the said accused GUILTY beyond reasonable doubt of committing the crime of Violation of Section 5, Article II of R.A. No. 9165 and she is hereby sentenced to suffer the penalty of Life Imprisonment and to pay a fine of P500,000.00, plus costs.
Aguilar’s denial and theory of frame-up, the RTC held, cannot be accepted over the prosecution’s case, which was not only clear and convincing, but also amply supported by the evidence.
Aguilar appealed17 the RTC’s decision to the Court of Appeals and the case was docketed as CA-G.R. CR.-H.C. No. 01984.
Finding that the prosecution has proven Aguilar’s guilt of the two crimes beyond reasonable doubt, the Court of Appeals affirmed the RTC’s Decision on November 26, 2009.
THE COURT A QUO GRAVELY ERRED IN FINDING THE ACCUSED-APPELLANT GUILTY BEYOND REASONABLE DOUBT OF VIOLATION OF SECTIONS 5 AND 11, ARTICLE II [OF] REPUBLIC ACT [NO.] 9165.
In the main, Aguilar argues that the RTC erred in convicting her as the prosecution failed to establish her guilt beyond reasonable doubt. In support of such assertion, Aguilar points out the fact that the police officers failed to follow the protocol in the custody and control of seized items due to the absence of an inventory and photographs of the confiscated drugs as required by Republic Act No. 9165 and its implementing rules and regulations.
This Court has made an exhaustive review of the records of this case and has found no reason to overturn the lower courts.
SEC. 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions.
10 grams or more of other dangerous drugs such as, but not limited to, methylenedioxymethamphetamine (MDMA) or “ecstasy,” paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamide (LSD), gamma hydroxybutyrate (GHB), and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements, as determined and promulgated by the Board in accordance to Section 93, Article XI of this Act.
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or ”shabu,” or other dangerous drugs such as, but not limited to, MDMA or “ecstasy,” PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or less than three hundred (300) grams of marijuana.
As the poseur-buyer, PO2 Medrano was able to positively identify28 Aguilar as the seller of the shabu during his testimony. He also testified on the exchange of the marked money and shabu that he and Aguilar had during their transaction. More importantly, the prosecution was able to present the very same marked money and shabu, the corpus delicti, to the court as evidence.
Aside from the shabu Aguilar sold to PO2 Medrano, another sachet of shabu was recovered in her possession. Mere possession of a prohibited drug constitutes prima facie evidence of intent to possess, animus possidendi, sufficient to convict an accused absent a satisfactory explanation of such possession. The burden of evidence, thus, is shifted to the accused to explain the absence of intent to possess.30 Aguilar miserably failed to discharge such burden.
Time and again, this Court has looked at the defenses of denial and frame-up with disfavor. While Aguilar’s niece, Lazaro, did testify in her defense, this Court, in agreement with the observation of the Court of Appeals, cannot give such testimony full faith and credit as Lazaro herself declared that she would testify on anything for her aunt31 and she came to court to help in the release of her aunt.32 This admission of absolute willingness to make declarations in court for the singular purpose of judicial proceedings to ascertain the truth and adversely affects the credibility of the witness.
Entrapment is sanctioned by the law as a legitimate method of apprehending criminals. Its purpose is to trap and capture lawbreakers in the execution of their criminal plan. Instigation, on the other hand, involves the inducement of the would-be accused into the commission of the offense. In such a case, the instigators become co-principals themselves.
This Court recognizes instigation as a valid defense that can be raised by the accused. However, for this defense to prosper, the accused must prove, with sufficient evidence, that the government induced him or her to commit the offense.36 Aguilar claims that she was instigated by the informant to sell shabu to PO2 Medrano. Her only evidence to support this claim was her interpretation of PO2 Medrano’s testimony.
In Legaspi, we added: “[t]he foregoing are especially true in that class of cases where the offense is the kind that is habitually committed, and the solicitation merely furnished evidence of a course of conduct. Mere deception by the police officer will not shield the perpetrator, if the offense was committed by him free from the influence or the instigation of the police officer.”38 The illegal sale and possession of dangerous drugs belong to such class of cases and buy-bust operations employing poseur-buyers are legally permissible to expose the offender and catch him in the act.
It is worthy to note that, aside from the fact that this defense was only brought up on appeal, it is being submitted along with the defenses of denial and frame-up. Aguilar cannot logically claim on one hand that she did not commit the acts constituting the charges against her, and at the same time ask this Court to consider that while she may have committed the act, she had been instigated to commit such crime. The defense of instigation is simply contradictory to the defenses of denial42 and frame-up.
WHEREFORE, premises considered, the Court hereby AFFIRMS the November 26, 2009 Decision of the Court of Appeals in CA-G.R. CR.-H.C. No. 01984.
1Rollo, pp. 2-18; penned by Associate Justice Mario V. Lopez with Associate Justices Rebecca de Guia-Salvador and Apolinario D. Bruselas, Jr., concurring.
2 CA rollo, pp. 18-26; penned by Judge Eleuterio F. Guerrero.
7 TSN, March 21, 2005, p. 6.
12 TSN, August 3, 2005, p. 4.
15 TSN, May 17, 2005, pp. 4-12.
16 CA rollo, pp. 25-26.
20 CA rollo, p. 36.
22People v. Castro, G.R. No. 194836, June 15, 2011, 652 SCRA 393, 404-405.
23People v. Malik Manalao, G.R. No. 187496, February 6, 2013.
25People v. Castro, supra note 22 at 407.
27 G.R. No. 188107, December 5, 2012.
28 TSN, March 21, 2005, p. 23.
29Asiatico v. People, G.R. No. 195005, September 12, 2011, 657 SCRA 443, 450.
30People v. Quiamanlon, G.R. No. 191198, January 26, 2011, 640 SCRA 697, 716.
31 TSN, May 17, 2005, p. 13.
33People v. Cruz, G.R. No. 187047, June 15, 2011, 652 SCRA 286, 301-302.
34 CA rollo, pp. 44-47.
35 G.R. No. 173485, November 23, 2011, 661 SCRA 171, 180.
40 TSN, March 21, 2005, p. 18.
41People v. Legaspi, supra note 35 at 182.

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Àrea de distribució geogràfica dels tetraodòntids (en vermell).
La família dels tetraodòntids (Tetraodontidae) és constituïda per peixos actinopterigis de l'ordre dels tetraodontiformes present a les àrees de clima tropical i subtropical de l'Atlàntic, l'Índic i el Pacífic, tot i que n'hi ha també d'aigua dolça. Són completament absents d'aigües fredes. La carn d'algunes espècies és considerada una menja exquisida al Japó i Corea. Cal fer servir guants gruixuts en manipular-los per evitar possibles enverinaments o mossegades en treure'ls l'ham.
Poden arribar als 90 cm de llargària màxima segons l'espècie. Tenen el bec fort. Són capaços de moure els ulls de forma independent l'un de l'altre. Moltes espècies poden canviar els seus colors en resposta als canvis ambientals, de manera semblant a com ho faria un camaleó. Sense aletes pelvianes. No tenen costelles. Algunes espècies contenen tetraodontoxina a la pell, els teixits musculars, la sang, les vísceres (en especial, el fetge i els intestins) o en les gònades durant la temporada de fresa. Són capaços d'inflar el seu cos robust succionant aigua (o aire si es troben fora de l'aigua).
Els ous són dipositats en un niu i, presumiblement, protegits pels pares. Algunes espècies són omnívores, mentre que d'altres tenen preferència per alguns invertebrats (eriçons de mar, estrelles de mar, porífers, coralls, crancs, musclos, cucs i tunicats) o algues.
↑ Troschel F. H., 1856. Bericht über die Leistungen in der Ichthyologie während des Jahres 1855. Arch. Naturgeschichte v. 22 (pt 2). 67-89.
↑ Kottelat, M., 1999. Nomenclature of the genera Barbodes, Cyclocheilichthys, Rasbora and Chonerhinos (Teleostei: Cyprinidae and Tetraodontidae), with comments on the definition of the first reviser. Raffles Bull. Zool. v. 47 (núm. 2): 591-600.
↑ 8,0 8,1 Swainson W., 1839. The natural history and classification of fishes, amphibians, & reptiles, or monocardian animals. Londres. Nat. Hist. & Class. v. 2. i-vi + 1-448.
↑ Benl G., Carinotetraodon chlupatyi nov. gen., nov. spec., ein Kugelfisch mit Kamm und Kiel (Pisces, Fam. Tetraodontidae). Opusc. Zool. 1957, Núm. 5. 1-4.
↑ Müller J., 1841. Vergleichende Anatomie der Myxinoiden. Dritte Fortsetzung. Über das Gefässystem. Abh. Dtsch. Akad. Wiss. Berl. 1839. 175-304.
↑ Bleeker P., 1854. Vijfde bijdrage tot de kennis der ichthyologische fauna van Celebes. Natuurkd. Tijdschr. Neder. Indië v. 7. 225-260.
↑ Gill T. N., 1884. Synopsis of the plectognath fishes. Proc. U. S. Natl. Mus. v. 7 (núm. 448). 411-427.
↑ Whitley G. P., 1947. New sharks and fishes from Western Australia. Part 3. Aust. Zool. v. 11 (pt 2). 129-150.
↑ Duméril A. H. A., 1855. Note sur un travail inédit de Bibron relatif aux poissons Plectognathes Gymnodontes (Diodons et Tétrodons). Rev. Mag. Zool. (Ser. 2) v. 8. 274-282.
↑ Su, J.-X., G. S. Hardy & J. C. Tyler. 1986. A new generic name for Anchisomus multistriatus (Richardson, 1854) (Tetraodontidae), with notes on its toxicity and pufferfish biting behavior. Rec. West. Aust. Mus. v. 13 (núm. 1): 101-120.
↑ Gilbert, C. H. & E. C. Starks, 1904. The fishes of Panama Bay. Mem. Calif. Acad. Sci. v. 4: 1-304, Pls. 1-33.
↑ Hardy G. S., 1985. A new genus and species of pufferfish (Tetraodontidae) from Java. Bull. Mar. Sci. v. 36 (núm. 1). 145-149.
↑ 19,0 19,1 Hardy G. S., 1982. Two new generic names for some Australian pufferfishes (Tetraodontiformes: Tetraodontidae), with species redescriptions and osteological comparisons. Aust. Zool. v. 21 (pt 1). 1-26.
↑ Whitley G. P., 1934. Studies in ichthyology. Núm. 8. Rec. Aust. Mus. v. 19 (núm. 2). 153-163.
↑ Tyler J. C. & Paxton J. R., 1979. New genus and species of pufferfish (Tetraodontidae) from Norfolk Island, southwest Pacific. Bull. Mar. Sci. v. 29 (núm. 2). 202-215.
↑ 22,0 22,1 Hardy G. S., 1983. Revision of Australian species of Torquigener Whitley (Tetraodontiformes: Tetraodontidae), and two new generic names for Australian puffer fishes. J. R. Soc. N. Z. v. 13 (núm. 1/2). 1-48.
↑ Lacépède B. G. E., 1800. Histoire naturelle des poissons. Hist. Nat. Poiss. v. 2. i-lxiv + 1-632.
↑ Abe T., Taxonomic studies on the puffers (Tetraodontidae, Teleostei) from Japan and adjacent regions -- V. Synopsis of the puffers from Japan and adjacent regions. Bull. Biogeogr. Soc. Jpn. 1949, v. 14 (núm. 13). 89-140.
↑ Whitley G. P., Ichthyological miscellanea. Mem. Queensl. Mus. 1930. v. 10 (pt 1). 8-31.
↑ Hardy G. S., 1984, Tylerius, a new generic name for the Indo-Pacific pufferfish, Spheroides spinosissimus (Regan, 1908) (Tetraodontiformes: Tetraodontidae) and comparisons with Amblyrhynchotes (Bibron) Duméril. Bull. Mar. Sci. v. 35 (núm. 1). 32-37.
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