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Wednesday, September 10, 2003
Pusher meted death; another gets 20 years
By Raquel C. Bagnol
DAVAO -- A man convicted of illegal drug trafficking was meted the death penalty while his companion was sentenced to 20 years imprisonment for possession of an addictive substance.
Judge Adoracion Avisado of the Davao City Regional Trial court (RTC) Branch 9 imposed the capital punishment on Arthur N. Solesa, alias Toto, who was caught delivering methamphetamine hydrochloride or shabu weighing 1.2179 grams to a policeman who posed as a buyer early this year.
In his 23-page decision, Avisado also ordered jailed for 20 years Robert Lim, alias Bobby, 35, a resident of 444 Durian Street, Juna Subdivision.
A joint trial was held for both Lim and Solesa, 37, a collector for a furniture shop and a resident of 86 Roxas Avenue in Davao City.
The two pleaded not guilty to the charges when arraigned. They were arrested on January 13 at around 10 a.m. in Sequia Inn along Monteverde Avenue.
Court records showed a female informant tipped off the Philippine Drug Enforcement Agency (PDEA) that a certain "Bobby" was selling shabu and is looking for buyers at Sequia Inn.
PDEA 11 Chief Wilkins Villanueva immediately organized a team to conduct buy-bust operation and tasked P01 Anthony Alpiz to act as poseur-buyer.
Alpiz was given P1,500 as show money. The police team proceeded to the place along with the informant.
The informant called Bobby through her mobile phone and informed him that she was bringing along a man who wanted to buy P1,500 worth of shabu.
Upon reaching the inn, a certain Allyd Ray Roque met them downstairs and delivered the shabu. Alpiz immediately presented himself as a policeman and arrested Roque.
Roque told them the owner of the shabu was Bobby Lim, who was in Room 308.
They proceeded to Room 308 where they caught Bobby about to hide in the comfort room.
When Bobby recognized Alpiz as his classmate in elementary and high school, he voluntarily surrendered two small sachets of shabu weighing .1453 grams and P8,300 cash believed to be proceeds from the sale of the illegal drug.
Bobby then told the police that another man was going to deliver shabu to him so the police hid themselves and waited.
At around 11 a.m., Solesa arrived and was arrested in the act of delivering shabu, weighing 1.2 grams, to Bobby.
In his defense, Solesa insisted he was only told to go to Room 308 to collect payment for furniture when policemen arrested him.
Bobby for his part argued that he checked in at Sequia Inn because he had a fight with his father. He said he was surprised when policemen came and frisked his things.
He claimed they were taken to the PDEA office afterwards and when he was taken to face Villanueva, he was surprised to see money and shabu on the table and members of the media already present.
Lim and Solesa denied using shabu but their urine tests showed they were positive of the illegal drugs.
After careful evaluation of the evidence, the court was able to prove the two accused guilty of the crime charged.
The court also ordered Solesa to pay a fine of P5 million while Bobby Lim was sentenced to 20 years imprisonment plus all the accessory penalties and asked to pay a fine of P400,000.
Solesa is the fourth man to be meted the death penalty in Davao City since the implementation of Republic Act 9165, also known as the Comprehensive Dangerous Drugs Act of 2000.
(September 10, 2003 issue) |
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