Amputee Given Life Sentence For Selling Marijuana

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Philippines: An amputee was sentenced to life imprisonment yesterday for selling marijuana sticks in a buy-bust operation in Barangay Sum-ag, Bacolod City.

Bacolod Regional Trial Court Judge Edgardo Garvilles sentenced David Nobal Carmona, alias Kamlot, to life imprisonment and fined him P500,000 for the sale of five marijuana sticks, and to 12 to 14 years imprisonment for possession of five other sticks. He was also fined an additional P300,000.

Carmona, 44, was also ordered to be immediately committed to the national penitentiary.

The police told the court they conducted a buy bust operation after they received information that Carmona was selling marijuana to students at the Sum-ag High School in Bacolod City.

Carmona, who was disabled at 16 when his right arm and left leg were amputated and who has only two toes in his right foot, pleaded not guilty to both charges.

He also insinuated that the evidence against him was planted, but the judge said he was not convinced by Carmona’s claim.

“The defense of denial or frame up, like alibi, has been viewed with disfavor for it can easily be concocted and is a common defense ploy in most prosecutions for violation of the Dangerous Drugs Act,” Garvilles said.

“Denial is a weak form of defense, particularly when it is not substantiated by clear and convincing evidence,” he added.

PO2 Ludovico de la Raya told the court that on Oct. 2, 2003 the police received information that Carmona was selling marijuana at the Sum-ag High School.

He told his court that, being new to Police Precinct 9, he was designated as poseur-buyer with SPO1 Gil Jamili and PO1 Meller Dionio.

They observed many high school students coming in and out of Carmona’s house when they conducted the buy-bust operation that led to his arrest, de la Raya said.

Five sticks of marijuana were seized from Carmona in the buy-bust operation and another five sticks were taken from his possession, the police told the court.

Garvilles ordered the turnover of the seized items to the Philippine Drug Enforcement Agency for immediate destruction.*CPGSource


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