4/16/2021
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[3] CA rollo, pp. 61-71. The Decision dated November 29, 2016 was penned by
Presiding Judge Lorna F. Catris-Chua Cheng of Branch 168, Regional Trial Court,
Marikina City.
[4] Republic Act No. 9165 (2002), sec. 5 provides:
SECTION 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. - The penalty of life imprisonment to
death and a fine ranging from Five hundred thousand pesos (P500,000.00)
to Ten million pesos (P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall sell, trade, administer, dispense, deliver,
give away to another, distribute, dispatch in transit or transport any
dangerous drug, including any and all species of opium poppy regardless of
the quantity and purity involved, or shall act as a broker in any of such
transactions.
The penalty of imprisonment ranging from twelve (12) years and one (1)
day to twenty (20) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who, unless authorized by law, shall sell,
trade, administer, dispense, deliver, give away to another, distribute,
dispatch in transit or transport any controlled precursor and essential
chemical, or shall act as a broker in such transactions.
If the sale, trading, administration, dispensation, delivery, distribution or
transportation of any dangerous drug and/or controlled precursor and
essential chemical transpires within one hundred (100) meters from the
school, the maximum penalty shall be imposed in every case.
For drug pushers who use minors or mentally incapacitated individuals as
runners, couriers and messengers, or in any other capacity directly
connected to the dangerous drugs and/or controlled precursors and essential
chemicals trade, the maximum penalty shall be imposed in every case.
If the victim of the offense is a minor or a mentally incapacitated individual,
or should a dangerous drug and/or a controlled precursor and essential
chemical involved in any offense herein provided be the proximate cause of
death of a victim thereof, the maximum penalty provided for under this
Section shall be imposed.
The maximum penalty provided for under this Section shall be imposed upon
any person who organizes, manages or acts as a "financier" of any of the
illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person, who acts as a "protector/coddler" of any violator
of the provisions under this Section.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66117
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