G.R. No. 268839 - PEOPLE OF THE PHILIPPINES, VS. ALDRIN PALACIOS Y FEJEDERO ALIAS "ANDING" AND NOEL GAITAN, JR. Y BERMUNDO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is hereby rendered as follows: In Criminal Case No. 21-27601, accused ALDRIN PALACIOS y Fejedero alias "Anding" and Noel Jr. Gaitan y Bermundo are both found GUILTY beyond reasonable doubt of violation of Section 5, Article II of [Republic Act No.] 9165 (sale of 4.97 grams of shabu ), and they are hereby sentenced to each suffer the penalty of LIFE IMPRISONMENT and to each pay a fine of Five hundred thousand Pesos ([PHP] 500,000.00); In Criminal Case No. 21-27602, accused ALDRIN PALACIOS y Fejedero alias "Anding" is found GUILTY beyond reasonable doubt of violation of Section 11, Paragraph 1, Article II of [Republic Act No.] 9165 (possession of 12.17 grams of shabu ), and he is hereby sentenced to suffer the penalty of LIFE IMPRISONMENT and to pay a fine of Five hundred thousand Pesos ([PHP] 500,000.00); and In Criminal Case No. 21-27603, accused Noel Jr. Gaitan y Bermundo is found GUILTY beyond reasonable doubt of violation of Section 11, Paragraph 2, Article II of [Republic Act No.] 9165 (possession of 6.31 grams of shabu ) and he is hereby sentenced to suffer the penalty of imprisonment of twenty (20) years and one (1) day, as minimum, to twenty-five (25) years, as maximum, and to pay a fine of Four hundred thousand Pesos ([PHP] 400,000.00). Accordingly, the bigger plastic sachet with markings "BD-001-2021 CBO" and signature (Exhibit 'EE') containing the tape-sealed plastic sachet (Exhibit 'EE-1') with the four (4) heat-sealed plastic sachets with marking 'RDP1', 'RDP2', 'RDP3', and 'RDP4', (Exhibits 'FF', 'GG', 'HH', and 'II'), the bigger plastic sachet with markings "BD-002-2021 CBO" and signature (Exhibit 'JJ') containing the tape-sealed plastic sachet (Exhibit 'JJ-1') with the three (3) heat-sealed transparent plastic sachets with markings 'FTPI', 'FTP2', and 'FTP3' (Exhibits 'KK', 'LL', and 'MM'), the blue green sling bag with markings 'RDP17' (Exhibit 'NN'), Redmi cell phone with markings 'RDP18' (Exhibit '00') and the multi-colored pouch with markings 'FTP4' (Exhibit 'PP') shall be immediately transmitted to the Philippine Drug Enforcement Agency (PDEA) for its proper disposal in accordance with law and pertinent regulations. As to the monies subject of the sale, particularly the one (1) piece of 1000 Peso bill with Serial No. FM401098 (Exhibit 'X'), the same is forfeited and confiscated in favor of the Government. Consequently, the Branch Clerk of Court is ORDERED to turn over to the Office of the Clerk of Court of the Regional Trial Court, upon proper receipt, the monies confiscated for proper deposit to the General Fund/Bureau of Treasury, in accordance with Section 20 of Republic Act No. 9165 and in compliance with OCA Circular No. 71-2017. SO ORDERED.