Pubdate: Thu, 04 Sep 2003 Source: Sunstar Davao (Philippines) Copyright: 2003 Sunstar Contact: http://www.sunstar.com.ph/davao/ Details: http://www.mapinc.org/media/1991 Author: Raquel C. Bagnol Bookmark: http://www.mapinc.org/prison.htm (Incarceration) Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine) Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) Note: 200 Phillipine Pesos (PHP) equals approximately $3.64 USD at current exchange rates. STUDENT GETS LIFE FOR P200 SHABU A 24-YEAR-OLD education student was meted life imprisonment and ordered to pay a P5-million fine for selling a sachet of methampethamine hydrochloride weighing just .0321 of a gram for P200. But he's still considered lucky because he escaped the death row all because of a technicality. Judge Adoracion Avisado of the Regional Trial Court (RTC) Branch 9 on Monday convicted Rodolfo Tubio, alias "Jongjong", of Mentor Village, Malagapas, Cotabato City. Tubio was arrested at around 5 p.m. on February 6 near the Sta. Ana Church on Sta Ana Avenue in Davao City. A female civilian informant (CI) called the Philippine Drug Enforcement Agency (PDEA) and informed them that a certain Jongjong was selling shabu near the church. PDEA 11 chief Wilkins Villanueva immediately organized a buy-bust operation, where PO1 Loreto Dalangin was tasked as the poseur-buyer. He was given P200 marked money. Dalangin went with informant to the appointed place and introduced Dalangin as a buyer. As soon as Tubio saw the P200, he fished out a sachet of shabu weighing .0321 of a gram and handed it to Dalangin. Immediately, Dalangin signaled to his partners to go in for the arrest. Aside from being caught in a buy-bust operation, Tubio's urine test also proved positive of shabu. Tubio denied the accusations in court. He insisted that he was on his way to his boarding house on Lapu-lapu Street, at that time when he met his co-boarder. He claimed he hitched a ride on his co-boarder's bike. When he reached Sta. Ana church, a woman whom he knew since high school called him. When he came near, police suddenly arrested him over allegations that he was an addict. After evaluating the evidence presented, the court found that the testimonies of the prosecution witnesses were straightforward and credible. The failure of the PNP Crime lab to conduct a urine test earlier than the period allowed by the law under Republic Act 9165 (Comprehensive Dangerous Drugs Act of 2002) proved beneficial to Tubio. He could not be meted the death penalty because of this. - --- MAP posted-by: Jackl