CASE 2016-0060: PEOPLE VS. MERCELITA ARENAS (G.R. NO. 23598, 27 JULY 2016, PERALTA J.) (SUBJECT/S: PENALTY WHEN QUANTITY OF SHABU IS NOT STATED IN THE INFORMATION; INDETERMINATE SENTENCE LAW) (BRIEF TITLE: PEOPLE VS. ARENAS)


DISPOSITIVE:

 

“WHEREFORE, premises considered, the appeal is DISMISSED. The Decision dated January 22, 2014 of the Court of Appeals in CA-G.R. CR-H.C. No. 05533 is AFFIRMED with MODIFICATION only insofar as to the penalty imposable for the crime of illegal possession so that appellant is sentenced to suffer the indeterminate sentence of twelve (12) years and one (1) day to fourteen (14) years and eight (8) months.

 

SO ORDERED.”

 

 SUBJECTS/DOCTRINES/DIGEST:

 

IN CRIME OF ILLEGAL  POSSESSION OF DANGEROUS DRUGS, HOW WILL THE PENALTY BE DETERMINED?

 

BASED ON THE QUANTITY OF THE DANGEROUS DRUGS POSSESSED.

 

IN THIS CASE THE QUANTIIY OF SHABU FOUND WAS NOT INDICATED IN THE INFORMATION. BUT THE PROSECUTION DURING TRIAL WAS ABLE TO PROVE THE QUANTITY FOUND. CAN THIS QUANTITY FOUND BE USED AS BASIS?

 

NO.

 

APPELLANT’S RIGHT TO BE INFORMED OF THE ACCUSATION AGAINST HER WOULD BE VIOLATED.

 

 IN THIS CASE  WHAT IS THE APPROPRIATE RANGE OF PENALTY APPLICABLE?

 

SINCE IT WAS PROVED THAT APPELLANT WAS IN POSSESSION OF SHABU BUT THE QUANTITY WAS NOT SPECIFIED IN THE INFORMATION, THE CORRESPONDING PENALTY TO BE IMPOSED ON HER SHOULD BE THE MINIMUM PENALTY CORRESPONDING TO ILLEGAL POSSESSION OF LESS THAN FIVE GRAMS OF METHAMPHETAMINE HYDROCHLORIDE OR SHABU WHICH IS PENALIZED WITH IMPRISONMENT OF TWELVE (12) YEARS AND ONE (1) DAY TO TWENTY (20) YEARS AND A FINE RANGING FROM THREE HUNDRED THOUSAND PESOS (P300, 000. 00) TO FOUR HUNDRED THOUSAND PESOS (P400,000.00).

 

UNDER THE INDETERMINATE SENTENCE LAW HOW WILL PENALTY BE IMPOSED?

 

THE MINIMUM PERIOD OF THE IMPOSABLE PENALTY SHALL NOT FALL BELOW THE MINIMUM PERIOD SET BY THE LAW AND THE MAXIMUM PERIOD SHALL NOT EXCEED THE MAXIMUM PERIOD ALLOWED UNDER THE LAW;


APPLYING THE INDETERMINATE SENTENCE LAW WHAT THEN IS THE IMPOSABLE PENALTY IN THIS CASE?

 

THE IMPOSABLE PENALTY SHOULD BE WITHIN THE RANGE OF TWELVE (12) YEARS AND ONE (1) DAY TO FOURTEEN (14) YEARS AND EIGHT (8) MONTHS.

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

scd-2016-0060-arenas

 

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