A man tagged as a drug pusher from Cauayan town was sentenced yesterday to life imprisonment.

Judge Henry Arles of the Regional Trial Court of Kabankalan found Roberto Nunay Sr., alias Berto, guilty beyond reasonable doubt for the sale of .05 gram of shabu (methamphetamine hydrochloride), in violation of the Comprehensive Drugs Act of 2002 and sentenced him to life imprisonment, and to pay a fine of P500,000 for Criminal Case 2005-3807.

Nunay was also sentenced to 12 to 15 years imprisonment and to pay a fine of P300,000 in Criminal Case 2005-3806, for possession of .03 gram of shabu.

On Aug. 16, 2004 a team from the 4 th Provincial Mobile Group of the Philippines National Police conducted a buy-bust operation on Nunay in Barangay Masaling, Cauayan.

A police informant acted as a poseur-buyer and purchased .05 grams of shabu using marked money, the court was told.

The police armed with a search warrant then raided the house of Nunay and seized .03 grams of shabu, the court was also told.

Nunay claimed he was framed as there was no buy-bust operation conducted and the shabu allegedly seized from his house was planted.

The judge, however, said he was not giving credence to Nunay's denial.

It is well settled that mere denial cannot prevail against the positive identification of the accused as the seller and possessor of the dangerous substance, the judge said.

And if it is true that the search warrant was improperly implemented and the drugs were planted, the defense could have readily called Barangay Captain Exequil Orbista or Jose Orbista Jr. who were present during the search, the judge noted.*CPG

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