A man was sentenced to life imprisonment for selling illegal drugs while another was acquitted for possession of the banned substance late last week, by the Regional Trial Court in Dumaguete City, Oriental Negros.

Sentenced by RTC Branch 30 Judge Rafael Crescencio Tan Jr. to suffer life imprisonment was Danny Alayon, who was found guilty of selling 0.05 grams of shabu.

Acquitted, on the other hand, was Abelardo Fernandez who had been charged with possessing 0.2 grams of shabu.

Tan also ordered Alayon to pay a fine of P500,000 for violation of section 5, Article 2 of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002.

Aside from the life jail term for selling shabu, Alayon was also found guilty of illegal possession of 0.40 grams of the same banned substance in violation of section 11, Art. 2 of RA 9165, and sentenced to suffer an indeterminate penalty of 12 years and one day to 14 years maximum and to pay a fine of P400,000. Tan, in his decision acquitting Fernandez for possession of 0.2 grams shabu, said there was a failure to observe standard operating procedure in the anti-narcotics operation against the accused. Tan added that the prosecution had not proven the indispensable element of corpus delicti, or the body of the crime, which failure produces a reasonable doubt as to the guilt of the accused.

The court further said that it has the duty to protect the accused where the evidence presented show insufficient factual nexus on his participation in the commission of the offenses as charged.*RG

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