Pubdate: Thu, 13 Jan 2005
Source: Mindanao Times (Philippines)
Copyright: 2005 Mindanao Times.
Contact:  http://www.mindanaotimes.com.ph/
Details: http://www.mapinc.org/media/2980
Author: RBJ
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)
Bookmark: http://www.mapinc.org/prison.htm (Incarceration)

LESSER PENALTY

Maximum Jail Term of Case Vs Sy, 2 Others: 20 Years

LAW ENFORCEMENT agencies that have been hunting alleged druglord Allan
Sy might get exasperated with the case filed against the suspect and
his two companions because, if convicted, the highest penalty would
only reach 20 years in jail.

Chief City Prosecutor Raul Bendigo approved the filing before the
Regional Trial Court of the case charging Allan Sy, his cousin Carlou
Sy and brother-in-law Jessie Jones Pilapil for violation of Section 10
of Republic Act 9165, or the Comprehensive Drugs Act of 2002.

Section 10 of this law pertains to the manufacture or delivery of
equipment, apparatus and paraphernalia for making illegal drugs like
shabu.

The special panel of investigators came up with the resolution based
on the complaint filed by the Philippine Drug Enforcement Agency (PDEA).

Sy remains at large, while his cousin Carlos was among the 10
Taiwanese who were arrested. Pilapil surrendered to the National
Bureau of Investigation on January 10.

But the prosecutors have yet to resolve the complaint filed against
the three based on the raid conducted in Dumoy on December 31 that
resulted in the death of six foreigners.

Under Republic Act 9165, anybody who violates Section 10 faces a 20
year imprisonment and a fine between P100,000 to P500,000.

In their investigation, Prosecutors Carlos Castanos, Serafica Weis and
Maria Gemma Dabbay-Tambis ruled that the suspects cannot be charged
for violating Section 8 of RA 9165, or the law that prohibits the
manufacture of illegal drugs.

Anyone who violates Section 8 of the law is punishable by death and
fine between P500,000 to P10 million.

The prosecutors ruled that the three could only be charged for
violating Section 8 of the law because the pieces of evidence of the
PDEA was based on the raid on a warehouse reportedly owned by the
suspects in del Pilar, Agdao which the suspects allegedly used as
storage area, not as a factory, for shabu.

The prosecutors added that the three cannot also be charged for
violating Section 12 of the law, the section which spells out the
punishment for anyone who uses an apparatus in injecting illegal drugs
into the body because the authorities failed to present evidence to
support this allegation.

The prosecutor also postponed the resolution on the complaint against
Sy's wife Jed who asked that she be allowed to resond to the
allegation that she was also involved in the illegal drug trade.
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