EMMANUEL P.

FERNANDEZ
SPL CASE DIGEST 1.

Rosana Asiatico vs People GR 195005 11, 12, 2011

“In case of a special law, the accused shall be sentenced "to an indeterminate sentence, the
maximum term of which shall not exceed the maximum fixed by said law and the minimum shall
not be less than the minimum term prescribed by the same."
FACTS:
Petitioner Rosana and her co-accused were charged with violations of Sec 11 Art 2 of RA 9165
or the Comprehensive Dangerous Drugs Act of 2002. Rosana pleaded not guilty to the charge.
The prosecution established through a buy bust operation the accused was selling illegal drugs.
The defense on the other hand denied such allegations and counter argued that while they are
preparing for dinner a number of policemen in civilian clothes forcibly entered their house and
searched, they were accused of selling illegal drugs and was later detained.

The RTC found Rosana and Aldrin guilty beyond reasonable doubt of the crime charged
andsentenced each to suffer the penalty of imprisonment of twelve (12) years and one (1) day
and a fine of PhP300,000

Only Rosana appealed. The CA sustained the judgment conviction by the RTC. Hence a
petition to the supreme court was filed

ISSUE:

Whether the penalties imposed by the court was proper.

HELD:

As to the imposition of penalties, the Supreme Court modified the penalties in accordance with
the indeterminate Sentence Law.

Sec. 11(3) of RA 9165 provides that illegal possession of less than five (5) grams of shabu is
penalized with imprisonment of twelve (12) years and one (1) day to twenty (20) years, and a
fine ranging from three hundred thousand pesos (PhP 300,000) to four hundred thousand pesos
(PhP 400,000).

The imposed fine of PhP 300,000 is proper under the premises. As regards the imprisonment
sentence, the courts aquo erred in imposing a straight penalty of "imprisonment of twelve (12)
years and one day." Sec. 1 of the ISL mandates that, in case of a special law, the accused shall
be sentenced "to an indeterminate sentence, the maximum term of which shall not exceed the
maximum fixed by said law and the minimum shall not be less than the minimum term
prescribed by the same." Thus, applying the ISL to the imposable penalties under Sec. 11(3) of
RA9165, we find, under the circumstances, the penalty of imprisonment from twelve (12) years
and one (1) day, as minimum, to fourteen (14) years and eight (8) months, as maximum, to be
proper.