G.R. No. 205787 - PEOPLE OF THE PHILIPPINES, VS. PABLO ARPOSEPLE Y SANCHEZ AND JHUNREL SULOGAOL Y DATU, ACCUSED-.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, in Criminal Case No. 12852, the court finds accused Pablo Arposeple y Sanchez and Jhunrel Sulogaol y Datu, guilty beyond reasonable doubt of the offense of Violation of Section 5, Article II, of R.A. 9165, embraced in the afore-quoted information. There being no aggravating nor mitigating circumstance adduced and proven at the trial, the said accused are each hereby sentenced to the indivisible penalty of life imprisonment and to pay a fine of P300,000.00 Pesos, with the accessory penalties of the law, and to pay the costs. In Criminal Case No. 12853, the court finds accused Pablo Arposeple y Sanchez, guilty beyond reasonable doubt of the offense of Violation of Section 11, Article II, of R.A. 9165, embraced in the aforequoted information. There being no aggravating nor mitigating circumstance adduced and proven at the trial, the said accused is hereby sentenced to the indeterminate penalty of imprisonment of TWELVE (12) YEARS and ONE (1) DAY, as minimum, to FOURTEEN (14) YEARS, as maximum, and to pay a fine of P200,000.00 Pesos, with the accessory penalties of the law, and to pay the costs. In Criminal Case No. 12854, the court finds accused Pablo Arposeple y Sanchez, guilty beyond reasonable doubt of the offense of Violation of Section 12, Article II, of R.A. 9165, embraced in the afore­quoted information. There being no aggravating nor mitigating circumstance adduced and proven at the trial, the said accused is hereby sentenced to the indeterminate penalty of imprisonment of from SIX (6) MONTHS and ONE (1) DAY, as minimum, to FOUR (4) years, as maximum, and to pay a fine of P25,000.00 Pesos, with the accessory penalties of the law, and to pay the costs. The charges against accused Jhunrel Sulogaol, under Criminal Case Nos. 12853 and 12854 are hereby ordered dismissed and the said accused acquitted, for insufficiency of evidence. Accused, being detention prisoners are hereby credited in full of the period of their preventive imprisonment. In compliance with Par. 4, Section 21 of R.A. 9165, the evidence in these cases consisting of one (1) sachet of shabu, with an aggregate weight of 0.01 gram, and paraphernalia with Shabu leftovers are hereby ordered confiscated, destroyed and/or burned, subject to the implementing guidelines of the Dangerous Drugs Board as to the proper disposition and destruction of such item. SO ORDERED.