Regional Trial Court Branch 15 presiding judge Fortunato de Gracia Jr. also imposed a P300,000 fine on Julius Gadiana, who was caught by police holding two small plastic sachets of shabu in barangay Mambaling on February 7, 2004.
According to PO1 Julius Basico, a prosecution witness, he and five other elements from Police Station 11 were conducting a saturation drive in sitio San Roque when they chanced upon Gadiana about to place the two sachets of shabu in his pocket.
In his defense, Gadiana, 36, said he was only on his way to sitio Paglaum, where he frequented as a "tambay," when police arrested him for allegedly possessing the illegal drug.
However, de Gracia found Gadiana's denial "bare and lame" as it was "abjectly uncorroborated and without substantiation."
The judge believed that "the State has successfully discharged its prosecutory function by sufficiently showing the concurrence of the elements of the offense charged."
The court found Gadiana "guilty" as charged and sentenced him to an imprisonment of eight years and one day to 12 years and one day. - Liv G. Campo