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News (Media Awareness Project) - Philippines: Woman Gets Life For Shabu Pushing
Title:Philippines: Woman Gets Life For Shabu Pushing
Published On:2003-08-12
Source:Sunstar Davao (Philippines)
Fetched On:2008-01-19 16:49:07
WOMAN GETS LIFE FOR SHABU PUSHING

FOR the first time in Davao City since the implementation of Republic Act
9165, otherwise known as the Comprehensive Dangerous Drugs Act, a woman was
meted life imprisonment and a penalty of P5 million for selling a sachet of
shabu to a policeman last year.

Regional Trial Court Branch 9 Judge Adoracion Avisado convicted 22-year-old
Aminah Bucay alias Aminsarah B. Obinay of 23-C Mini-forest, Boulevard,
Davao City in a decision issued Friday.

Prosecution evidence showed that around 3:25 p.m. on December 16, 2002,
elements of the Heinous Crimes Investigation Section (HCIS) of the Davao
City Police Office (DCPO) led by Senior Inspector Fulgencio Pavo enforced a
search warrant issued by RTC Executive Judge Virginia Europa against Bucay.

PO1 Enrique Ayao, tasked as the poseur-buyer, went with an HCIS civilian
agent to the house of one Alma Angani, who happened to be on a vacation
that time.

Instead, a woman later identified as Bucay was in Angani's house.

Ayao pretended to buy P300 worth of shabu. Bucay went inside a room and
came out later with a sachet of shabu weighing .0939 grams.

When Bucay was about to hand him the sachet of shabu, Ayao immediately
identified himself and arrested Bucay.

His back up entered and they were able to confiscate a total of 16 sachets
of shabu, shabu paraphernalia and a Nokia 3210 cellular phone.

For the defense, Bucay and a certain Salamudin testified in court claiming
they had been inside Angani's house since 2 p.m. that day to charge her
cellphone because the house they were living in does not have power outlets.

She claimed she was surprised when the police arrived and arrested them for
no apparent reason.

Bucay claimed they were both handcuffed and after their search, the police
placed the sachet of shabu on top of the table.

Bucay and Salamudin claimed that was the first time they have seen shabu.

After a careful investigation, the court was convinced that the testimonies
of the prosecution witnesses were categorical, straightforward and
credible, while Bucay and Salamudin's testimonies depicted lies.

No urine test was conducted on Bucay by the PNP crime laboratory due to the
absence of test kits at that time, therefore the court found no qualifying
aggravating circumstances to the charges.
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