ArchivesDecember 2010Pusher gets life; others get 14 years

Pusher gets life; others get 14 years

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The Negros Oriental Special Court for Drug Cases meted a life sentence to a drug pusher while three other persons were meted jail terms of 14 years each in decisions handed down by Judge Rafael Crescencio Tan last Friday.{{more}}

Sentenced to life imprisonment was Geraldine Noay of Barangay Looc, Dumaguete City, who was arrested by elements of the National Bureau of Investigation and the Philippine Drug Enforcement Agency in a buy-bust operation in February 11, 2008.

Judge Tan said the prosecution was able to establish the essential elements of the offense charged, especially the evidence that the transaction actually took place, along with the presentation in court of the illegal substance.

In three other judgments promulgated by the Special Court, sentenced to an indeterminate penalty of 12 years and one 1 day as minimum term to 14 years as maximum terms each were Rictor Ligo, Willow Lucero and Jinky Moreno.

They were all caught in possession of the drugs in Barangay Looc on separate dates in 2008 by the NBI and PDEA agents.

The anti-drug operatives saw all three accused holding and examining shabu and it was apparent that all the accused had power and control over the plastic sachets with shabu.

Judge Tan said that under the “plain view” doctrine, unlawful objects within the plain view of an officer who has the right to be in the position to have that view are subject to seizure and may be presented in evidence.

The police officers were justified in making the in flagrante delicto arrest of Ligo, Lucero and Moreno, the Judge said, because the accused had actually committed the offense in their presence.

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