G.R. No. 238873 - PEOPLE OF THE PHILIPPINES, VS. SUNDARAM MAGAYON Y FRANCISCO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the Court finds accused Sundaram Magayon y Francisco guilty beyond reasonable doubt in Criminal Case No. 10739 for violation of Section 11, of Article II of Republic Act 9165 (Comprehensive Dangerous Drugs Act of 2002), and considering that the weight of the prohibited drug is three hundred eighty-one point three zero six five (381.3065) grams (par. 2, Section 11, Art. II of Republic Act 9165), accused is hereby sentenced to undergo imprisonment of an indeterminate penalty of twenty (20) years and one (1) day as minimum to thirty (30) years as maximum and to pay a fine of five hundred thousand pesos (P500,000.00) without subsidiary imprisonment in case of insolvency. Accused shall serve his sentence at the Davao Prison and Penal Farm at Braulio E. Dujali, Davao del Norte and shall be credited [with] his preventive imprisonment conformably with Article 29 of the Revised Penal Code, as amended. The marijuana are [sic] declared forfeited in favor of the government to be dealt with accordingly. In Criminal Case No. 10738, for violation of Section 5, Article II of Republic Act 9165, for insufficiency of evidence, accused Sundaram Magayon y Francisco is acquitted of the charge. SO ORDERED.