G.R. No. 184805 - PEOPLE OF THE PHILIPPINES, VS. VICTORIO PAGKALINAWAN, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , in view of the foregoing considerations, the Court finds accused VIRGILIO PAGKALINAWAN y Silvestre alyas "Berto" in Criminal Case No. 13624-D for Violation of Section 5, 1 st paragraph, Article II of Republic Act No. 9165, otherwise known as "The Comprehensive Drugs Act of 2002", GUILTY beyond reasonable doubt. Hence, accused Virgilio Pagkalinawan y Silvestre alyas "Berto" is hereby sentenced to suffer LIFE IMPRISONMENT and ordered to pay a fine of FIVE HUNDRED THOUSAND PESOS (PhP500,000.00). Moreover, accused VIRGILIO PAGKALINAWAN y Silvestre alyas "Berto" is also found GUILTY beyond reasonable doubt in Criminal Case No. 13625-D for Violation of Section 11, 2 nd paragraph, Article II of Republic Act No. 9165, otherwise known as "The Comprehensive Drugs Act of 2002". And since the quantity of methylamphetamine hydrochloride ( shabu ) found in the possession of the accused is only 0.21 gram, accused Virgilio Pagkalinawan y Silvestre alyas "Berto" is hereby sentenced to suffer imprisonment ranging from TWELVE (12) YEARS and ONE (1) DAY as minimum -to- FOURTEEN (14) YEARS and TWENTY-ONE (21) DAYS as maximum . Accused Virgilio Pagkalinawan y Silvestre alyas "Berto" is further penalized to pay a fine in the amount of THREE HUNDRED THOUSAND PESOS (PhP300,000.00) . Accordingly, the Jail Warden of the Taguig City Jail where accused Virgilio Pagkalinawan y Silvestre alyas "Berto" is presently detained is hereby ordered to forthwith commit the person of convicted Virgilio Pagkalinawan y Silvestre alyas "Berto" to the New Bilibid Prisons, Bureau of Corrections in Muntinlupa City, Metro Manila. Upon the other hand, the shabu contained in three (3) heat-sealed transparent plastic sachets with a total weight of 0.49 [gram] which are the subject matter of the above-captioned cases are hereby ordered to be immediately transmitted and/or submitted to the custody of the Philippine Drug Enforcement Agency (PDEA) for its proper disposition. Costs de oficio . SO ORDERED.