G.R. No. 219582 - PEOPLE OF THE PHILIPPINES, VS. BENITO PALARAS Y LAPU-OS, ACCUSED-.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, PREMISES CONSIDERED: In Criminal Case No. 8561-69, this Court finds accused, BENITO PALARAS y [LAPU-OS], a.k.a. "BITOY," GUILTY of "Violation of Section 5, Article II of Republic Act No. 9165" (The Comprehensive Dangerous Drugs Act of 2002), as his guilt had been proven by the prosecution beyond reasonable doubt. Accordingly, this Court sentences accused, BENITO PALARAS y [LAPU-OS] a.k.a. "BITOY," to suffer the penalty of Life Imprisonment, the same to be served by him at the National Penitentiary, Muntinlupa City, Rizal. Accused, Benito Palaras y [Lapu-os], a.k.a. "Bitoy" is, further, ordered to pay a fine of P500,000.00. In Criminal Case No. 8562-69, this Court finds accused, BENITO PALARAS y [LAPU-OS], a.k.a. "BITOY," guilty of Violation of Section 11, Article II of Republic Act No. 9165 (The Comprehensive Dangerous Drugs Act of 2002), as the Prosecution had proven his guilt for said crime beyond any reasonable doubt. Accordingly, and in application of the pertinent provisions of the Indeterminate Sentence Law, this Court sentences accused. BENITO PALARAS y [LAPU-OS], a.k.a. "BITOY," to suffer the penalty of imprisonment for a period of from TWELVE (12) YEARS and ONE (1) DAY as Minimum, to SEVENTEEN (17) YEARS and FOUR (4) Months as maximum, the same to be served by him at the National Penitentiary, Muntinlupa City, Rizal. Accused named is, further, ordered to pay a line of P400,000.00. In the service of the sentences imposed by this Court on accused, Benito Palaras y [Lapu-os], a.k.a. "Bitoy," his period of detention pending trial of this case shall be credited in his favor. Accused, Bentito Palaras y [Lapu-os] a.k.a. "Bitoy" is, in the meantime, remanded to the custody of the Jail Warden of the Bureau of Jail Management and Penology (BJMP), Silay City, Negros Occidental, pending his transfer to the National Bilibid Prisons, where he shall serve the sentence imposed on him by the Court. The one (1) small heat-sealed transparent plastic sachet containing white crystalline substances in it of methamphetamine hydrochloride (" Shabu ") subject of the buy-bust operation on the accused and the four (4) small heat-sealed plastic sachets, likewise, containing methamphetamine hydrochloride (" Shabu ") on them, with a total weight of 0.6 grams, are ordered remitted to the Philippine Drug Enforcement Agency (PDEA), Negros Occidental Police Office, Camp Alfredo Montelibano, Bacolod City, tor proper disposition. NO COSTS. SO ORDERED.