Pubdate: Tue, 12 Aug 2003
Source: Sunstar Davao (Philippines)
Copyright: 2003 Sunstar
Contact:  http://www.sunstar.com.ph/davao/
Details: http://www.mapinc.org/media/1991
Note:  also listed for feedback
Author: Raquel C. Bagnol

WOMAN GETS LIFE FOR SHABU PUSHING

FOR the first time in Davao City since the implementation of Republic Act 
9165, otherwise known as the Comprehensive Dangerous Drugs Act, a woman was 
meted life imprisonment and a penalty of P5 million for selling a sachet of 
shabu to a policeman last year.

Regional Trial Court Branch 9 Judge Adoracion Avisado convicted 22-year-old 
Aminah Bucay alias Aminsarah B. Obinay of 23-C Mini-forest, Boulevard, 
Davao City in a decision issued Friday.

Prosecution evidence showed that around 3:25 p.m. on December 16, 2002, 
elements of the Heinous Crimes Investigation Section (HCIS) of the Davao 
City Police Office (DCPO) led by Senior Inspector Fulgencio Pavo enforced a 
search warrant issued by RTC Executive Judge Virginia Europa against Bucay.

PO1 Enrique Ayao, tasked as the poseur-buyer, went with an HCIS civilian 
agent to the house of one Alma Angani, who happened to be on a vacation 
that time.

Instead, a woman later identified as Bucay was in Angani's house.

Ayao pretended to buy P300 worth of shabu. Bucay went inside a room and 
came out later with a sachet of shabu weighing .0939 grams.

When Bucay was about to hand him the sachet of shabu, Ayao immediately 
identified himself and arrested Bucay.

His back up entered and they were able to confiscate a total of 16 sachets 
of shabu, shabu paraphernalia and a Nokia 3210 cellular phone.

For the defense, Bucay and a certain Salamudin testified in court claiming 
they had been inside Angani's house since 2 p.m. that day to charge her 
cellphone because the house they were living in does not have power outlets.

She claimed she was surprised when the police arrived and arrested them for 
no apparent reason.

Bucay claimed they were both handcuffed and after their search, the police 
placed the sachet of shabu on top of the table.

Bucay and Salamudin claimed that was the first time they have seen shabu.

After a careful investigation, the court was convinced that the testimonies 
of the prosecution witnesses were categorical, straightforward and 
credible, while Bucay and Salamudin's testimonies depicted lies.

No urine test was conducted on Bucay by the PNP crime laboratory due to the 
absence of test kits at that time, therefore the court found no qualifying 
aggravating circumstances to the charges.
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MAP posted-by: Keith Brilhart