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PP vs. Asuelo Reso
PP vs. Asuelo Reso
Moreover, the approval of the plea bargaining would achieve the two-fold
purpose of the law; vindicate public order with the conviction of the
accused, and give him a chance to be rehabilitated and re-integrated into the
society as a productive individual.
The prescribed penalty for Sec. 12 of R.A. 9165 is 6 months and 1
day to 4 years and a fine from ₱10,000.00 to ₱50,000.00. The Supreme
Court in the Estipona ruling provided: "The Court is given the discretion to
impose a minimum period and a maximum period to be taken from the
range of penalty provided by law." It also said that "a straight penalty within
the range of six months and one day to one year may likewise be imposed".
ALL THE FOREGOING CONSIDERED and finding the plea
bargaining proposal to be in accord with the rationale of the law, and the
wisdom of A.M. No. 18-03-16-SC, the same is thereby APPROVED and for
which CICL JELORD ASUELO y Madronero is imposed the penalty of
straight Six (6) months and a fine of ₱10,000.00 for violation of Sec. 12 of
R.A. No. 9165 otherwise known as the Comprehensive Dangerous Drugs
Act of 2002.
Subject sentence is ordered SUSPENDED pursuant to R.A. No. 9344
and its Implementing Rules. CICL JELORD ASUELO y Madroneroshall
instead undergo Disposition Program, terms of which shall include a 6
months Intensive Outpatient Program, Weekly Reporting at the Department
of Health – Treatment and Rehabilitation Center (DOH-TRC) CDO
Outpatient – Satellite Office at the Ground Floor, Outpatient Department
(OPD) Building, Northern Mindanao Medical Center (NMMC), Capitol
Compound, Cagayan de Oro City or any DOH Accredited Outpatient
Facility. The details of the Disposition Program shall be defined in the
Disposition Conference which shall immediately follow after promulgation
hereof. CICL’s Disposition Program will still be under the custody of the
Tahanan Ng Kabataan. A representative from the Tahanan Ng Kabataan
shall accompany him for his monthly reporting to the DOH facilities.
The Department of Health-Treatment and Rehabilitation Center is
thus ordered to submit on or before October 15, 2020a report on CICL as to
the date by which he shall have reported and the result of the 6 months
Intensive Outpatient Program of subject CICL. Let copy of the Resolution
be sent out to Dr. Benson Go, Chief of Hospital II, Upper Puerto Cagayan de
Oro City and Erwin Rommel C. Lingad, Nurse III of the Department of
Health-Treatment and Rehabilitation Center (DOH-TRC), Cagayan de Oro
City.
IT IS SO ORDERED.
Done this 20th day of August, 2020, in the City of Cagayan de Oro,
Philippines.
EVELYN J. GAMOTIN-NERY
Presiding Judge
EGN/rba