G.R. No. 252029 - PEOPLE OF THE PHILIPPINES, VS. PABLITO PAGASPAS Y ALCANTARA AND JOEY DE LEON Y VALERIANO, ACCUSED-.DECISION - Supreme Court E-Library

Ruling

accordingly with "FYM-1," "FYM-2," "FYM-3," and "FYM-4." [19] PO1 Male kept all five sachets in his custody, with the sold sachet kept in his right pocket, until they reached the police station. PO1 Male then turned over these sachets to the Regional Crime Laboratory Office for examination. The specimens tested positive for shabu. [20] For the defense, De Leon and Pagaspas denied the accusations against them. They narrated that they were at a store in Sitio Palao when several men alighted from two vehicles. Introducing themselves as police officers, the men allegedly instructed De Leon and Pagaspas to lie on the ground before frisking the two. [21] When they found nothing, the officers ordered De Leon and Pagaspas to board a car where they were tortured into admitting that they had shabu with them. The two claimed that it was only upon their arrival at the city hall when they learned of the charges against them. [22] In its May 3, 2018 Judgment, [23] the Regional Trial Court found both Pagaspas and De Leon guilty beyond reasonable doubt of the charges filed against them. The dispositive portion reads: IN VIEW OF THE FOREGOING , [i]n Criminal Case No. 30079-2017-C, the Court finds the accused, PABLITO PAGASPAS y ALCANTARA , GUILTY BEYOND REASONABLE DOUBT of violation of Section 11, paragraph 2(3), Article II of Republic Act [No.] 9165. He is hereby sentenced to suffer the indeterminate penalty of imprisonment of TWELVE (12) YEARS and ONE (1) DAY, as minimum, to FOURTEEN (14) YEARS, as maximum, and to PAY A FINE OF THREE HUNDRED THOUSAND (P300,000.00) PESOS. In Criminal Case No. 30080-2017-C, the [C]ourt finds the accused PABLITO PAGASPAS y ALCANTARA and JOEL DE LEON y VALERIANO, GUILTY BEYOND REASONABLE DOUBT of violation of Section 5, in relation to 26, Article II of Republic Act [No.] 9165. Both accused are hereby sentenced to suffer the penalty of LIFE IMPRISONMENT and TO PAY A FINE OF FIVE HUNDRED THOUSAND (PHP500,000.00) PESOS each . The Branch Clerk of Court is hereby ordered to turn-over [sic] the illegal drugs subject of this case to PDEA for proper disposition and destruction. SO ORDERED.