Cited Laws
TL;DR — Ruling
WHEREFORE, finding accused Eden del Castillo guilty beyond reasonable doubt of the crime charged, the accused is hereby sentenced to suffer the penalty of Reclusion Perpetua. The seized or confiscated items are declared forfeited in favor of the government and the same shall be disposed of in the manner allowed by law.
WHEREFORE, finding accused Eden del Castillo guilty beyond reasonable doubt of the crime charged, the accused is hereby sentenced to suffer the penalty of Reclusion Perpetua. The seized or confiscated items are declared forfeited in favor of the government and the same shall be disposed of in the manner allowed by law. [28] In convicting appellant, the trial court ratiocinated: After a careful analysis of the testimonial and documentary evidence on record, the Court is of the well considered view and so holds that the prosecution was able to establish the fact that the accused had indeed, with deliberate intent and without being authorized by law, in her possession and control or use on or about July 31, 2000 at about 10:30 A.M. the following: A - Three (3) big heat sealed plastic packs of white crystalline substance weighing 294.86 grams; B - Eight (8) medium heat sealed plastic packs of white crystalline substance weighing 12.33 grams; C - Fifty three (53) heat sealed plastic packets of white crystalline substance weighing 4.75 grams locally known as shabu, containing Methylamphetamine Hydrochloride, a regulated drug, without the corresponding license or prescription. The members of the Philippine National Police (PNP), by virtue of a Search Warrant issued against Eden Garcia del Castillo by Judge Isaias Dicdican and implemented on July 31, 2000 resulted in the acquisition of said items. The items were submitted to the PNP Crime Laboratory for analysis and the result is positive for the presence of Methylamphetamine Hydrochloride, or locally known as shabu. No less than the accused signed the Receipt for Confiscated Articles signifying that the Raiding Team of the Philippine National Police had actually seized and confiscated certain items or articles from the herein accused. The prosecution then was able to establish the guilt of the accused beyond reasonable doubt. Section 16 of Article III of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act of 1972, as amended by R.A. 7659 reads as follows: SEC. 16. Possession or Use of Regulated Drugs . The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person who shall possess or use any regulated drug without the corresponding license or prescription, subject to the provisions of Section 20 hereof. Section 20, Article IV of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act of 1972, as amended by R.A. 7659 reads as follows: SEC. 20. Application of Penalties, Confiscation and Forfeiture of the Proceeds or Instruments of the Crime . The penalties for offenses under Sections 3, 4, 7, 8 and 9 of Article II and Sections 14, 14-A, 15 and 16 of Article III of this Act shall be applied if the dangerous drugs involved is in any of the following quantities: . . . 3. 200 grams or more of shabu or methylampetamine hydrochloride; . . . [29] Hence, the instant appeal with the following as
G.R. No. 185128 [Formerly UDK No. 13980] - RUBEN DEL CASTILLO @ BOY CASTILLO, VS. PEOPLE OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library
G.R. No. 185128
CaseG.R. No. 206965 - PEOPLE OF THE PHILIPPINES, VS. EMMA BOFILL PANGAN, ACCUSED-.DECISION - Supreme Court E-Library
G.R. No. 206965 -
CaseG.R. No. 175940 (Formerly G.R. Nos. 155361-62) - THE PEOPLE OF THE PHILIPPINES, vs. ANSON ONG a.k.a. ALLAN CO.D E C I S I O N - Supreme Court E-Library
G.R. No. 175940