A Silaynon who was found guilty beyond reasonable by Judge Felipe Banzon for violation of the Comprehensive Drug Act of 2002 for possessing 37 marijuana cigarets and was sentenced to life imprisonment Monday.

The convicted person, Harold Orquia, alias Ayod, was also ordered to pay a fine of P800,000, and to be immediately remitted to the National Penitentiary in Muntinlupa by Banzon.

Court records show that Orquia was arrested in Jan. 12, 2005 by a combined team of the Philippine Drug Enforcement Agency, Provincial Anti-Illegal Task Force and local policemen led by SPO1 Dante Victor Escorpion in Brgy. Mambulac, Silay City.

The buy-bust operation led to the arrest of Orquia and the recovery of 37 sticks of marijuana, weighing 2.79 grams, and P100 in marked money. During the hearing, Orquia denied that a buy-bust operation had occurred and claimed that no marijuana was recovered from his possession.

Banzon, in an 8-page decision, however, said the prosecution had presented a detailed and comprehensive narrative buy-bust transaction on Orquia, with convincing evidences.

"Denial as a defense,like alibi, is inherently weak and unreliable, which cannot overcome the positive identification of the accused and the positive declarations of the acts he did commit," Banzon said.

The judge also said the defense failed to present evidence to show, or in the very least, suggest, to the Court that the police officers acted with improper and suspicious motives.

Aside from life imprisonment and a fine of P500,000 for violation of Section 5 of RA 9165, which is the distribution of prohibited drugs, Banzon also meted an additional imprisonment of 12 years to a maximum of 14 years. For violation of Section 11, or possession of dangerous drugs, and a fine of P300,000 to Orquia.

Chief Inspector Calixto Mabugat, Silay police chief, yesterday said Orquia who is detained at the detention facilities of the Bureau of Jail Management and Penology in Silay City, is now being readied for transfer to Muntinlupa to serve his sentence.*GPB

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