G.R. No. 181040 - PEOPLE OF THE PHILIPPINES, VS. RAYMOND FABIAN Y NICOLAS AND ALLAN MACALONG Y BUCCAT, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in Criminal Case No. 2004-2961-D-MK, the Court finds the accused, Raymond Fabian y Nicolas @ Jaja, GUILTY BEYOND REASONABLE DOUBT of Violation of Section 5, Article II of Republic Act 9165. Applying Article 63 of the Revised Penal Code, and there being no mitigating or aggravating circumstance attending the commission of the crime, the accused is hereby sentenced to suffer the penalty of LIFE IMPRISONMENT and TO PAY A FINE OF FIVE HUNDRED THOUSAND (P500,000.00) PESOS. In Criminal Case No. 2004-2962-D-MK, the Court finds the accused, Allan Macalong y Buccat, GUILTY BEYOND REASONABLE DOUBT of violation of Section 11, paragraph 2(3), Article II of Republic Act 9165. He is hereby sentenced to suffer the indeterminate penalty of imprisonment of TWELVE (12) YEARS and ONE (1) DAY, as minimum, to THIRTEEN (13) YEARS, as maximum, and to PAY A FINE of THREE HUNDRED THOUSAND (P300,000.00) PESOS. The shabu subject matter of this case is hereby confiscated in favor of the Government and to be turned over to the Dangerous Drugs Board for proper disposal, without delay. SO ORDERED.