Republic of the Philippines

Regional Trial Court

National Capital Judicial Region
Branch 10, Makati City

PROMULGATION OF JUDGEMENT

Clerk of Court: All rise.

Clerk of Court: For PROMULGATION OF JUDGEMENT

CRIMINAL CASE NO. 03-3797

PEOPLE OF THE PHILIPPINES V. CATALINO DULAY.

JUDGE: Read the decision.

Clerk of Court:

Promulgation of judgment, wherefore, in view of the foregoing, judgment is hereby

rendered as follows:

In Criminal Case No. 03-3797, for the crime of illegal sale of a methamphetamine hydrochloride
a dangerous drug, the trial court imposed the penalty against the accused of life imprisonment
and a fine of P500,000.00. Accused respectfully pleads to this Court to reduce this penalty on
account of the very small quantity involved in the case, which was only 0.04gram of
methamphetamine hydrochloride. As much as this Court desires to temper justice with mercy
whenever warranted by the circumstances of the case, we are restrained by the plain and
unambiguous text of Section 5, Article II of Republic Act No. 9165, which provides:
SEC. 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation
of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.―The penalty of
life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00)
to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized
by law, shall sell, trade, administer, dispense, deliver, giveaway to another, distribute, dispatch in
transit or transport any dangerous drug, including any and all species of opium poppy regardless
of the quantity and purity involved, or shall act as a broker in any of such transactions.

WHEREFORE, we find the accused Catalino Dulay y Cadiente guilty beyond reasonable doubt
of violation of Sections 5, Article II of Republic Act No.9165.

SO ORDERED.