G.R. No. 171729 - PEOPLE OF THE PHILIPPINES, VS. RICARDO BOHOL Y CABRINO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, judgment is rendered: (1) In Criminal Case No. 02-205461, pronouncing accused RICARDO BOHOL y CABRINO guilty beyond reasonable doubt of possession of a total of 0.118 gram of [methamphetamine] hydrochloride without authority of law, penalized under Section 11 (3) of Republic Act No. 9165, and sentencing the said accused to the indeterminate penalty of imprisonment from twelve (12) years and one (1) day, as minimum, to fifteen (15) years, as maximum, and to pay a fine of P300,000.00, plus the costs. (2) In Criminal Case No. 02-205462, pronouncing the same accused RICARDO BOHOL y CABRINO guilty beyond reasonable doubt of selling 0.054 gram of [methamphetamine] hydrochloride without authority of law, penalized under Section 5 of the same Republic Act No. 9165, and sentencing the said accused to life imprisonment and to pay a fine of P5,000,000.00, plus the costs. In the service of his sentence in Criminal Case No. 02-205461, the time during which the accused had been under preventive imprisonment should be credited in his favor provided that he had agreed voluntarily in writing to abide with the same disciplinary rules imposed on convicted prisoner. Otherwise, he should be credited with four-fifths ( 4 / 5 ) only of the time he had been under preventive imprisonment. Exhibits B and B-1, consisting of four sachets of shabu, are ordered forfeited and confiscated in favor of the Government. Within ten (10) days following the promulgation of this judgment, the Branch Clerk of this Court is ordered to turn over, under proper receipt, the drug involved in this case to the Philippine Drug Enforcement Agency (PDEA) for proper disposal. SO ORDERED.