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People vs. Catentay [SEPARATE OPINION, DISSENTING, VILLARAMA, J.]

PEOPLE OF THE PHILIPPINES, Appellee, versus NOEL CATENTAY, Appeellant.

G.R. No. 183101 | 2010-07-06

DISSENTING OPINION

VILLARAMA, JR., J.:

Appellant Noel Doroja Catentay (Catentay) was charged with violation of Sections 5 and 11, Article II of Republic Act No. (RA) 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, for selling and possessing illegal drugs.

The prosecution filed two separate informations against Catentay, to wit:

 
That on or about the 14th day of April 2004, in Quezon City, Philippines, the said accused, not being authorized by law to possess any dangerous drug, did, then and there, willfully, unlawfully and knowingly have in his/her/their possession and control 0.03 (zero point zero three)...