CEBU – Regional Trial Court Branch 10 judge Soliver Peras sentenced two men to fifteen years imprisonment for possession of 0.11 grams of shabu after they were arrested in a pot session last October 2005.
In a nine-page decision, Peras also ordered Ismael Nacario and Jerric Orbita to pay P300,000 as fine for the offense.
The two were nabbed last October 12, 2005 for having in their possession 0.11 grams of shabu in Pardo, Cebu City.
The two pleaded not guilty for violation of Section 11, Article II of Republic Act 9165.
To prove its case, the prosecution presented witnesses and they were forensic analyst Alexander Patriana, one of the suspect’s wife Romelita Nacario and arresting officers SPO4 Henry Eguia and PO2 Joel Lacson.
“The prosecution was able to prove all the elements of the crime of illegal possession of dangerous drugs.
The four plastic packs that were confiscated were positively identified by Lacson and Eguia to be the same plastic packs they confiscated from the accused,” Peras said.
Peras also said that the accused’ protests and denials cannot overcome the direct and positive declarations by the prosecution witness that they saw them repacking shabu.
“Bare denials unsubstantiated by convincing evidence are not enough to engender reasonable doubt in the light of sufficiently telling proof of guilt presented by the prosecution,” Peras said. — Jessica Ann Pareja and Jasmin R. Uy/BRP (THE FREEMAN)