G.R. No. 258893 - RAUL DOMEN Y AURELLANO, VS. PEOPLE OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, it rendered a Joint Judgment [17] dated August 9, 2018 which declared Raul guilty of two counts of violation of Section 12 of Republic Act No. 9165. The fallo thereof reads: WHEREFORE, in the light of the foregoing, the Court hereby renders judgment as follows: 1. In Criminal Case No. 2017-24487, the accused Raul Domen y Aurellano is hereby found GUILTY beyond reasonable doubt for the offense of violation of Section 12, Article II of [Republic Act No.] 9165 and is hereby sentenced to suffer an indeterminate penalty of two (2) years and one (1) day as minimum term to four (4) years as maximum term and to pay a fine of Fifty Thousand Pesos ([PHP] 50,000.00). The one (1) heat-sealed transparent plastic sachet with marking RD-BB 05/29/17 with signature and a net weight of 0.04 gram is hereby confiscated and forfeited in favor of the government and to be disposed of in accordance with law. 2. In Criminal Case No. 2017-24488, the accused Raul Domen y Aurellano is hereby found GUILTY beyond reasonable doubt for the offense of violation of Section 12, Article II of [Republic Act No.] 9165 and is hereby sentenced to suffer a straight penalty of one (1) year and to pay a fine of Ten Thousand Pesos ([PHP 10,000.00]). The eleven (11) heat-sealed transparent plastic sachets with markings RD-P1 to P11-05/29/2017 with signatures and a total weight of 0.91 gram are hereby confiscated and forfeited in favor of the government and to be disposed of in accordance with law. In the service of sentence, the accused Raul Domen y Aurellano shall be credited with the full time during which he has undergone preventive imprisonment, provided he agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners. In the event that the drug dependency examination conducted on the accused turns out that the said accused is positive for use of dangerous drugs, he shall undergo an additional penalty of six (6) months drug rehabilitation in an accredited government center which shall be considered as part of the penalty imposed. Pursuant to Supreme Court OCA Circular No. 163-2013 dated December 6, 2013, the accused having been convicted in these two (2) criminal cases, let issue a mittimus/commitment order for the said accused to be committed at the New Bilibid Prison, Muntinlupa City, Metro Manila. SO ORDERED.