A man was sentenced to life imprisonment for selling shabu and 14 years for possession of the banned substance while another was acquitted, also for drugs, by the Regional Trial Court Branch 30, Friday, at the Hall of Justice, Barangay Piapi, Dumaguete City .

Judge Rafael Crescencio Tan Jr. of the RTC Branch 30 meted the life term to Gerry Palubio Jr. who was caught in a buy-bust operation in his residence at Oracion Subdivision, Looc.on March 7, 2004 in the act of selling one sachet of shabu to a poseur-buyer, court records show.

This is in violation of Section 5, Article 2 of Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act of 2002, it added.

Palubio was also fined P500,000 by the court.

Tan said Palubio was also found guilty of possessing four more sachets of shabu, after the buy-bust in violation of Section 11, and was sentenced to additional 14 years in the maximum, and a fine of P300,000.

The court said the defense of denial cannot prevail over straightforward, positive and credible testimonies of the witnesses.

Meanwhile, the court acquitted Vicente Bromo of charges for violating Section 11, RA 9165.

Tan expressed doubt about the legality of the suspect's arrest and the subsequent search. The police said one sachet was recovered from Bromo's wallet, but it was found out that the stuff belonged to his Korean friend who refused to testify along with another woman.

The court believed that proper arrest procedures had been violated, and therefore freed the accused.*JG

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