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.
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MAP posted-by: Jackl