Gigmoto couple used house as a drug den
 
Gigmoto, Catanduanes  ·  
posted 12 days ago  ·  
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A former van driver and his wife has been sentenced to life imprisonment and told to pay a fine of P500,000 each after being found guilty of using their house as a drug den.

The Regional Trial Court also meted additional jail term of 12 to 14 years on Emmanuel Mendez and Magdalena Mendez plus a fine of P300,000 each for illegal possession of dangerous drugs, and an extra two years maximum and P10,000 fine for illegal possession of drug paraphernalia.

It was in the evening of Jan. 6, 2016 that the Gigmoto police served the search warrant on the Mendez couple at their house in barangay District I where the searchers found a medium-sized sachet of shabu and two smaller ones, with a total weight of 4.189 grams, along with five pieces of crumpled aluminum foil, 20 pieces of empty sachet, one sachet with residue, improvised water pipe, two lighters, three pieces of aluminum foil and a roll of aluminum foil that was found in Emmanuel’s jacket inside the wooden cabinet in the family bedroom.

In their testimony, the Mendez couple denied ownership of the seized drug and non-drug items, insinuating that police officers entered their house while Emmanuel was being held outside and Magdalena was asleep together with their children.

RTC Branch 43 presiding judge Lelu P. Contreras, however, pointed to Magdalena’s testimony that she was watching TV when the police came and that the officers did not enter the rooms.

The Court underscored the fact that the locations where the items were found made it impossible for the police to have scattered them while they were inside the house.

It also recited Magdalena’s justification for the location of the aluminum foil, claiming that she was keeping it away from her children, when she could have just placed it on a higher area in the kitchen.

“Magdalena’s act has clearly proven her active participation in the illegal drug activities of Emmanuel,” the Court stressed.

Judge Contreras also recalled that during the early stage of the proceedings, Emmanuel offered to admit the charges against him to spare Magdalena take the fall in exchange for his wife whom he wished to be discharged from the case.

This is tantamount to a compromise agreement, which according to the Rules of Court may be received in evidence as an implied admission of guilt, the Court emphasized.


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