Amandy v People.docx - G.R No 76258 JUANITO S AMANDY...

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G.R. No. 76258 May 23, 1988 JUANITO S. AMANDY, petitioner, vs. THE PEOPLE OF THE PHILIPPINES, AND THE HONORABLE REGIONAL TRIAL COURT, FOURTH JUDICIAL REGION, BRANCH LVI, LUCENA CITY, respondents. Emmanuel V Hilario for petitioner. The Solicitor General for respondents. GUTIERREZ, JR., J.: This is a petition for review of the order dated September 24, 1986 and the resolution dated October 9, 1986 of the Regional Trial Court of Lucena City, Branch LVI. The petitioner is the accused in Crim. Case No. 86-126, filed before the respondent trial court. The information filed by the Provincial Fiscal reads as follows: The undersigned accuses Juanita Amandy alias Dianak (on bail) of the violation of Section 8 of Republic Act No. 6425, otherwise known as 'The Dangerous Drugs Act of 1972, "committed as follows: That on or about the 3rd day of April 1983, at Barangay Burgos, Municipality of Padre Burgos, Province of Quezon, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, without authority of law, did then and there willfully, unlawfully and feloniously have in his possession one point six grams (1.6) dried leaves of Indian Hemp or marijuana, a prohibited drug, and sixty (60) pieces of cigarette wrappers. CONTRARY TO LAW. (p. 17, Rollo) Petitioner Amandy initially entered a plea of not guilty but subsequently withdrew his former plea and substituted it with a plea of guilty, subject, however, to the reservation of proving the mitigating circumstance of drunkenness which was not habitual, in addition to the attenuating circumstance of his voluntary plea of guilty. Respondent lower court found him guilty of the crime charged and issued a decision on June 17,1986 with the following dispositive portion: WHEREFORE, on his voluntary plea of guilty, the Court finds accused Juanito Amandy alias "Dianak" guilty of the crime of Violation of Section 8 of Republic Act No. 6425 otherwise known as 'The Dangerous Drug Act of 1972' and, appreciating in his favor the mitigating circumstances of his voluntary plea of guilty, too (sic), drunkenness which was not habitual, hereby sentences him to a penal servitude of SIX (6) YEARS and ONE (1) DAY and to pay a fine of SIX THOUSAND PESOS (P6,000.00), with the accessories of the law and to pay the costs. With credit on his
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preventive imprisonment, if and when proper under the provisions of Republic Act No. 6127. SO ORDERED. (pp. 19-20, Rollo) The petitioner filed an application for probation with a petition for release on recognizance, alleging that he is entitled to the suspended sentence under P.D. 968. The petition, was however, denied by the respondent lower court for the reason that P.D. 1990 removed from the purview of the exceptions to the probation law those 'sentenced to serve a maximum of imprisonment of more than 6 years.' On October 8,1986, the petitioner filed a motion for reconsideration but the lower court denied the
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