G.R. No. 175319 - PEOPLE OF THE PHILIPPINES, VS. JOSELITO NOQUE Y GOMEZ.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, judgment is rendered: In Criminal Case No. 01-189458, pronouncing accused JOSELITO NOQUE y GOMEZ guilty beyond reasonable doubt of selling a net quantity of 2.754 grams of methamphetamine hydrochloride without authority of law, penalized under Section 15 in relation to Section 20 of Republic Act No. 6425, as amended, and sentencing the said accused to the indeterminate penalty ranging from four (4) years and two (2) months of prision correccional , as minimum, to six (6) years and one (1) day of prision mayor , as maximum, and to pay the costs. In Criminal Case No. 01-189459, pronouncing the same accused JOSELITO NOQUE y GOMEZ guilty beyond reasonable doubt of possession of a net quantity of 339.6075 grams of methamphetamine hydrochloride without license or prescription, penalized under Section 16 in relation to Section 20 of Republic Act No. 6425, as amended, and sentencing the said accused to the penalty of reclusion perpetua and to pay a fine of P5,000,000.00, plus the costs. In the service of his sentences, the full 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 "C" are ordered confiscated and forfeited 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 regulated drug involved in these cases to the Philippine Drug Enforcement Agency (PDEA) for proper disposal. SO ORDERED.