G.R. No. 192816 - PEOPLE OF THE PHILIPPINES, VS. JOEL GASPAR Y WILSON.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is hereby rendered as follows: In Criminal Case No. 12840-D accused Joel Gaspar is hereby found GUILTY beyond reasonable doubt of the offense of Violation of Section 5, Article II, Republic Act 9165 (Illegal Sale of Shabu), and is hereby sentenced to LIFE IMPRISONMENT and to pay a FINE of Five Hundred Thousand Pesos (PHP 500,000.00). In Criminal Case No. 12841-D accused Joel Gaspar is likewise found GUILTY beyond reasonable doubt of the offense of Violation of Section 11, Article II, Republic Act 9165 (Illegal Possession of Shabu), and is hereby sentenced to suffer imprisonment from Twelve (12) Years and One (1) Day to Twenty (20) Years and to pay a FINE of Three Hundred Thousand Pesos (PHP 300,000.00). In Criminal Case No. 12842-D accused Joel Gaspar is also found GUILTY beyond reasonable doubt of the offense of Violation of Section 12, Article II, Republic Act 9165 (Possession of Paraphernalia for Dangerous Drugs), and is hereby sentenced to Six (6) Months and One (1) Day to Four (4) Years imprisonment and to pay a FINE of Ten Thousand Pesos (PHP 10,000.00). In Criminal Case No. 12843-D accused Leomar San Antonio is hereby found GUILTY beyond reasonable doubt of the offense of Violation of Section 11, Article II, Republic Act 9165 (Illegal Possession of Shabu) and is hereby sentenced to suffer imprisonment from Twelve (12) Years and One (1) Day to Twenty (20) Years and to pay a FINE of Three Hundred Thousand Pesos (PHP 300,000.00). Considering the penalty imposed by the Court on accused Joel Gaspar relative to Criminal Case No. 12840-D, his immediate commitment to the National Penitentiary, New Bilibid Prisons, Muntinlupa City, is hereby ordered. Pursuant to Section 20 of Republic Act 9165, the amount of PHP 200.00 recovered from the accused Joel Gaspar representing the proceeds from the illegal sale of shabu is hereby ordered forfeited in favor of the government. Again, pursuant to Section 21 of the same law, representatives from the Philippine Drug Enforcement Agency (PDEA) are hereby ordered to take charge and have custody over the sachets of shabu and drug paraphernalia object of these cases for proper disposition. SO ORDERED.