A Chinese drug courier was sentenced by a Quezon City court to a maximum of 40 years in prison for possession of about 10 kilos of shabu during a buy-bust operation in July last year.
In handing down the life term, Regional Trial Court Branch 95 Judge Diosdado Peralta noted that the prosecution failed to cite aggravating circumstances which could have pinned down Li Yin Chu, alias Robert Li, to the death penalty.
Under Philippine laws, possession of more than 200 grams of illegal drugs, particularly shabu, carries a penalty of death, subject to aggravating circumstances.
"The court could not impose the death penalty because what is crucial in the imposition of the death penalty, aside from the quantity involved, is the presence of an aggravating circumstance ..." Peralta wrote in his 14-page decision. The judge noted that the prosecution failed to indicate if the accused belonged to an organized or syndicated drug group.
Peralta also fined Li P.5-million for the crime. Some 9,849 grams of shabu were seized from Li when arrested on July 4, 1999 by anti-narcotics agents at 5 p.m. in front of Iceberg's Food House on Banawe Street, Quezon City, aboard a blue Honda Civic (WBY-852).
Prior to his arrest, a male confidential informant gave the Narcotics Group Service-Support Office in Camp Crame information about a big-time Chinese drug lord.
With the tip, anti-narcotics operatives led by Senior Inspector Romualdo Iglesia conducted a buy-bust sting.
The court dismissed the defense claim that the police beat him up after allegedly demanding P5 million for his release.
"It is thus clear that the bare claim of frame-up or 'hulidap' was a last futile attempt on the part of the accused to free himself of the very serious charge. . ." Peralta said.
Neither did the court accept Li's claims that the lawmen violated standard operating procedures (SOPs) in the buy-bust operation.
"(The defense witness) did not present evidence that the SOPs were violated ... He, in fact, corroborated and supported the police officers' claim that the arrest was in accordance with the SOPs," the decision read.