G.R. No. 119246 - THE PEOPLE OF THE PHILIPPINES, VS. ANTONIO CORREA Y CAYTON @ “BOYET,” RITO GUNIDA Y SESANTE @ “DODONG,” AND LEONARDO DULAY Y SANTOS @ “BOY KUBA” ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, judgment is rendered pronouncing the three accused ANTONIO CORREA y CAYTON, @ Boyet, RITO GUNIDA y SESANTE @ Dodong, and LEONARDO DULAY y SANTOS @ Boy Kuba guilty beyond reasonable doubt of unlawful delivery and transportation of dried marijuana flowering tops weighing 16.1789 kilograms, penalized under Section 4, Article II of Republic Act No. 6425, as amended, and further amended by Section 13 in relation to Section 17 of Republic Act No. 7659, and sentencing each of the said three accused to DEATH to be executed by the means provided by law, and to pay a fine of P 10,000,000.00, plus the costs. The eight (8) bundles in brick form of dried marijuana flowering tops (Exhibits B-1 to B-8, inclusive), weighing 16.1789 kilograms are ordered confiscated and forfeited to the Government to be disposed of in accordance with law under the direction and supervision by the Dangerous Drugs Board. Within ten (10) days following the promulgation of this judgment, the Branch Clerk of this Court, is ordered to turn over the two (2) bundles of dried marijuana flowering tops left with this Court to the Dangerous Drugs Custodian, National Bureau of Investigation, as appointed by the Dangerous Drugs Board, for appropriate disposition. The other six (6) bundles of said dried marijuana flowering tops have been left in the custody of the NBI, Forensic Chemistry Division. The owner-type jeep with plate No. FMR 948 used by the three accused as a means to commit the offense is also ordered confiscated and forfeited in favor of the Government, unless it can be shown that it is in the property of a third person not liable for the offense. Serve a copy of this Decision on the Executive Director, Dangerous Drugs Board, for his information and guidance. SO ORDERED.