16 March 2012

The Quezon City RTC has sentenced two (2) Chinese nationals to suffer the penalty of reclusion perpetua and to pay a fine of PhP500,000.00 for violation of Section 16 Art. III of R.A.6425, as amended by R.A. 7659 otherwise known as the Dangerous Drugs Act.

QC RTC Judge Henri Jean Paul Inting meted the penalty of life imprisonment to Tai On Cheung and Lung. Wai Tang for possession of approximately Seven Thousand Nine Hundred Eighteen and 0.90 (7,918.90) grams of methamphetamine chloride otherwise known as shabu.

In receipt of the decision, Justice Secretary Leila M. De Lima commended Taguig City Prosecutor Archimedes V. Manabat for the conviction of the foreign nationals, noting "please accept our sincere congratulations and keep up the good work!"

Judge lnting, in his decision, stated that the prosecution evidence proved with moral certainty the attendance of all the elements of illegal possession of dangerous drugs against the accused Chinese nationals.

Records show that Tai On Cheung and Lung Wai Tang were the subject of previous surveillance by police operatives. Prior to the arrest, test buy was conducted before the implementation of a search warrant. The accused were caught by police elements in constructive possession of eight (8) transparent plastic bags containing the prohibited drugs in their premises (unit) at SJB Condominium Diliman, Quezon City. The search was conducted and the seized evidence were found under the bed inside their unit.

Based on the testimonies of asset-witnesses, including police operatives, the accused "had constructive possession of the illegal drugs as they had control and dominion over them being the actual occupants/tenants of the unit; and that they were present at the time of the search," the decision stated.

The defense set by the accused "is not worthy of credence as they failed to present sufficient evidence to prove that they were already arrested when the search was conducted," the decision said. The Court added that absent of sufficient and concrete evidence, it cannot rely on mere allegations.

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