MANILA—A former Philippine Basketball Association (PBA) player is facing raps for violation of the Republic Act 9165 or the Comprehensive Dangerous Drugs Act before a Mandaluyong court.
In a six-page page resolution dated May 12, the Department of Justice (DOJ) said Dorian Alan T. Peña was specifically charged for violation of Section 15, Article II of RA 9165 after he was tested positive for the use of methamphetamine and its metabolite amphetamine.
The law’s provision states that a person apprehended or arrested, who is found positive for use of any dangerous drugs, after a confirmatory test, shall be imposed a penalty of minimum six months rehabilitation in a government center for the first offense subject to the provisions of Article VIII of this acts.
“Respondent Peña was subjected to a drug test or screening laboratory examination after the apprehending officers observed that he manifested signs and symptoms of someone under the influence of dangerous drugs. After confirmatory test, he was certified as showing reactions indicative for the presence of Methamphetamine and its metabolite Amphetamine,” the DOJ resolution stated signed by Assistant State Prosecutors Josie Christina Dugay and Ethel Suril.
“Based on the foregoing, we find that there is probable cause to charge respondent Dorian Alan Peña for violation of Section 15 Article II of RA 9165,” the resolution read was recommended for approval by Senior Assistant State Prosecutor Juan Pedro C. Navera and approved by Prosecutor General Victor C. Sepulveda.
Last May 9, Pena, along with Ledy Mea Vilchez and Jose Paolo Ampeso Peña, have been arrested by the operatives of NBI’s Task Force on Illegal Drugs in a buy bust operation in Merryland Village, Mandaluyong City.
Authorities confiscated shabu, aluminum foils, glass inhaler, scissors, improvised burner, electronic pocket scale and the marked money from the suspects.
The DOJ meanwhile has deferred the resolution on the complaint for violation of Section 7 of RA 9165 which provides penalty against employees and visitors found in a drug den after his co-respondent Ampeso and Vilchez asked for a preliminary investigation.
“We are therefore constrained from resolving the charge against respondent Peña for his presence in the alleged den. The issue of whether the condominium unit is a drug den should first be determined before we can resolve the issue of whether respondent Peña is liable for violation of Section 7 of RA9165,” the DOJ stated.
Meanwhile, Ampeso and Vilchez asked for a preliminary investigation as they executed their respective waiver of their rights under Article 125 of the Revised Penal Code with the assistance of Atty. Ma. Eliza Jonalyn Barquez from Public Attorneys Office (PAO).
Pena last played in the team of GlobalPort Batang Pier of the PBA.