Republic of the Philippines

REGIONAL TRIAL COURT

Third Judicial Region
BRANCH __
______

THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,

-versus- CRIM. CASE Nos. #######

For: Possession and Sale of
Dangerous Drugs

_________________________,
Accused.
x------------------------------------------x

DECISION

In Criminal Case No. ######, accused _______________ is charged with

the offense of illegal possession of more or less 0.070 gram of shabu, a dangerous
drug under Section 11, Art. II of Republic Act No. 9165 and Criminal Case No.
######, accused is charged with the offense of illegal sale of 0.070 gram of shabu,
a dangerous drug under Section 5, Art. II of Republic Act No. 9165.

On motion of the accused through his counsel, Atty. ________________ of

the Public Attorney’s Office, he prays to be allowed to plead guilty to the lesser
offense under Section 12, Article II of RA No. 9165 in the above entitled cases
pursuant to Administrative Matter No. 18-03-16-SC dated 10 April 2018, in
relation to OCA Circular No. 90-2018 dated 4 May 2018. The Court taking into
consideration the comment/objection of City Prosecutor _________ of the Office
of the City Prosecutor of _____, allowed the accused to plea bargain to a lesser
offense.

During the hearing on 1 September 2020, the accused withdrew his original
plea of not guilty to the crimes charged against him. Assisted by his counsel, the
accused was re-arraigned for illegal possession of drug paraphernalia defined and
penalized under Section 12, Art. II of RA No. 9165. The accused entered pleas of
“GUILTY” to the above entitled cases.
 The Drug Test Report of the Healthcare Diagnostic Laboratory, attesting that
the accused is negative for Methamphetamine Hydrochloride and
Tetrahydrocannabinol, is hereby noted.

WHEREFORE, the foregoing premises considered, in Criminal Case No.

#####, the court finds accused ___________________ beyond reasonable doubt
of the crime of illegal possession of drug paraphernalia defined and penalized
under Section 12, Article II, of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002. Pursuant to A.M. No. 18-03-16-SC,
the court imposes upon the accused the penalty of imprisonment for a period of six
(6) months and one (1) day as minimum to one (1) year as maximum and payment
of a fine of Ten Thousand Pesos (Php10,000.00), with no subsidiary imprisonment
in case of insolvency.

In Criminal Case No. #####, the court finds the accused ____________
GUILTY beyond reasonable doubt of the crime of illegal possession of drug
paraphernalia defined and penalized under Section 12, Article II, of Republic Act
No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002.
Pursuant to A.M. No. 18-03-16-SC, the court imposes upon the accused the
penalty of imprisonment for a period of six (6) months and one (1) day as
minimum to one (1) year as maximum and payment of a fine of Ten Thousand
Pesos (Php10,000.00), with no subsidiary imprisonment in case of insolvency.

The drug specimens subject of the instant cases are hereby forfeited in favor
of the government to be disposed of in accordance with law.

SO ORDERED.
Tarlac City, 1 September, 2020.

______________________
Presiding Judge