A woman was sentenced to life imprisonment yesterday for selling a sachet of shabu to a police-poseur buyer in Brgy. 2, Bacolod City, about six years ago.
Judge Edgar Garvilles of the Regional Trial Court Branch 47 found Nenita Chavez, 46, of Purok Kagayka, Brgy. 2 guilty beyond reasonable doubt of violating Section 5, Article II of Republic Act 9165, or the Dangerous Drugs Act of 2002.
The judge also ordered Chavez to pay P500,000 as fine, and that she be remitted to the national penitentiary in Muntinlupa City.
Chavez was meted an additional 15-year prison term and ordered to pay P300,000 in fines for violation of Section 11 of R.A. 9165, or possession of illegal drugs, and to undergo six months rehabilitation in a government center for illegal drug use.
The charges for possession of illegal drug paraphernalia filed against Chavez, were dismissed by Garvilles for lack of probable cause.
In handing his 17-page decision against Chavez, Garvilles stressed that since she was caught in the act of selling shabu to a poseur-buyer, her warrantless arrest was legal, but her simple defense of denial does not inspire belief.
Police Officer 2 Ian Piano, the police-poseur buyer testified in court that Chavez handed him a sachet of shabu at her house in exchange for P500 at about 12 p.m. on July 19, 2007.
Aside from Chavez, also arrested that time were Gilbert Lumawan, 34, and his common-law wife, Cristine Cuenco, 23, both of Brgy. Mansilingan, Martin Lachica, 41, of Mountain View Subdivision, Brgy. Mandalagan, and Ryan Exaltado, 25, of Sitio Magsungay, Brgy. Singcang-Airport, for allegedly holding pot sessions.
Exaltado and Lachica have already been ordered to undergo six months rehabilitation after they pleaded guilty, court records show.
Meanwhile, Delia Unggod and Purita Cuenco, both of Purok Mahigugma-on in Brgy, 22, Bacolod City, who were charged for illegal drug possession, were acquitted by Garvilles yesterday for reasonable doubt.
The Judge did not believe the statements of the apprehending policemen, who claimed that the two were showing each other sachets of shabu at the pathway of Purok Mahiguma-on, which is a public place in broad day light.
Garvilles ordered the immediate release of Unggod from detention and the return of the bail posted by Cuenco. He also ordered the confiscation 0.02 grams of shabu allegedly recovered from the two accused in favor of the government.*APN back
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