Child drug pushers cannot avail of probation

A minor was convicted for violation of the Dangerous Drugs Act for selling dangerous drugs. He applied for probation on the ground that he is a minor and a first-time offender. But this was denied by the trial court.

Upon elevating the case, the Supreme Court also affirmed the denial of the trial court based on the provision in the Dangerous Drugs Act that persons convicted of drug trafficking or pushing cannot avail of the privilege of probation. The Court declared that the law is very clear on this matter. It did not provide for any exceptions for minors and/or first-time offenders. The Court also recognized that the law is strict against drug pushers and that the legislators intended to provide a stiffer penalty to drug pushers.

In the same case, there was a belated claim that the minor’s rights under Sec. 68 of the Juvenile Justice Welfare Act were violated. However, the Supreme Court ruled that the provision does not apply in this case because it referred to suspension of sentence, and not probation.

Nevertheless, the Supreme Court proceeded in ruling that he cannot avail of suspended sentence because at that time he was already 21 years old. Under Section 68 of the law, the court shall place the child under 18 years old under suspended sentence instead of pronouncing judgment of conviction. The suspended sentence may extend until the child reaches the maximum age of 21 years old. Since he was already 21 years old, he could no longer avail of the same. (Padua vs. People of the Phils., G.R. 168546 [2008])