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Padua V People Case Digest

Michael Padua was charged with selling drugs under Section 5 of RA 9165 when he was a minor. He pleaded guilty to avail of probation under Section 70 as a first time minor offender. However, his petition for probation was denied by the judge based on Section 24 of RA 9165, which prohibits probation for those convicted of drug trafficking. Padua appealed but the denial was upheld, with the Court of Appeals ruling that Section 24 provides harsher punishment for drug traffickers and pushers, while Section 70 extends leniency to drug dependents. Padua could also not avail of suspended sentencing under Section 38 of the JJWA as he was already over 21 years old and no longer considered a child under the law.

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Camille Angelica
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242 views2 pages

Padua V People Case Digest

Michael Padua was charged with selling drugs under Section 5 of RA 9165 when he was a minor. He pleaded guilty to avail of probation under Section 70 as a first time minor offender. However, his petition for probation was denied by the judge based on Section 24 of RA 9165, which prohibits probation for those convicted of drug trafficking. Padua appealed but the denial was upheld, with the Court of Appeals ruling that Section 24 provides harsher punishment for drug traffickers and pushers, while Section 70 extends leniency to drug dependents. Padua could also not avail of suspended sentencing under Section 38 of the JJWA as he was already over 21 years old and no longer considered a child under the law.

Uploaded by

Camille Angelica
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Padua%v%People%%

%
Doctrine/s:%
%
1. (RA% 9344% JJWA)% Suspended% Sentence:% Section% 38% of% Rep.% Act% No.% 9344%
provides%that%once%a%child%under%18%years%of%age%is%found%guilty%of%the%offense%
charged,% instead% of% pronouncing% the% judgment% of% conviction,% the% court% shall%
place% the% child% in% conflict% with% the% law% under% suspended% sentence% while%
Section% 40% provides% that% once% the% child% reaches% 18% years% of% age,% the% court%
shall%determine%whether%to%discharge%the%child,%order%execution%of%sentence,%
or%extend%the%suspended%sentence%for%a%certain%specified%period%or%until%the%
child%reaches%the%maximum%age%of%21%years.%
%
2. (RA% 9165% Drugs% Act):% SEC.% 24.% NonQApplicability% of% the% Probation% Law% for%
Drug%Traffickers%and%Pushers.Any%person%convicted%for%drug%trafficking%or%
pushing% under% this% Act,% regardless% of% the% penalty% imposed% by% the% Court,%
cannot% avail% of% the% privilege% granted% by% the% Probation% Law% or% Presidential%
Decree%No.%968,%as%amended.%
%
Facts:''
June%13,%2003%Michael%Padua%and%Edgar%Allan%Ubalde%were%charged%of%Section%5%of%
RA%9165%(Selling%drugs).%During%preQtrial,%Paduas%counsel%manifested%that%his%client%
was%willing%to%withdraw%his%plea%of%not%guilty%and%enter%a%plea%of%guilty%to%avail%of%the%
benefits% granted% to% firstQtime% offenders% under% Section% 70% of% Rep.% Act% No.% 9165%
(Probation%or%community%service%for%a%first%time%minor%offender).%This%was%granted%
by%prosecutor%and%RTC.%%
%
He%subsequently%filed%a%motion%for%probation,%a%recommendation%was%obtained%from%
the%Chief%Probation%and%Parole%officer%however%the%petition%was%denied%by%the%judge%
on% the% ground% that% Section% 24% of% 9165% states% that% any' person' convicted' of' drug'
trafficking'cannot'avail'of'the'privilege'granted'by'the'Probation'Law.''
%
Padua%filed%a%motion%for%reconsideration%to%CA%but%was%denied.%%
%
Issue:''
1.'W/N%Padua,%as%minor,%can%avail%of%the%benefits%under%Sec%70.%%
NO.' CA:%The%intention%of%the%legislators%in%Section%24%of%Rep.%Act%No.%9165%is%
to% provide% stiffer% and% harsher% punishment% for% those% persons% convicted% of% drug%
trafficking% or% pushing% while% extending% a% sympathetic% and% magnanimous% hand% in%
Section% 70% to% drug% dependents% who% are% found% guilty% of% violation% of% Sections11%
(Possession)%and%Section%15(Use).%%
The'law'considers'users'and'possessors'of'drugs'as'victims'while'pushers'and'
traffickers'as'predators.''
'
2. W/N%Padua%can%avail%of%the%benefit%of%Section%38,%RA%9344%(JJWA).%%

NO.' Although%Section%38%of%JJWA%provides%that%once%a%child%under%18%years%
of% age% is% found% guilty% of% the% offense% charged,% instead% of% pronouncing% the%
judgment%of%conviction,%the%court%shall%place%the%child%in%conflict%with%the%law%
under% suspended% sentence;% this% finds% no% applicability% in% this% case% because%
Padua%has%already%reached%21%years%of%age%or%over%and%thus,%could%no%longer%
be%considered%a%child%for%purposes%of%applying%Rep.%Act%9344.'

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