Regional Trial Court judge Silvestre Maamo Jr. further ordered Rey Valenzuela to pay a fine of P800,000 for violating the Anti-illegal Drugs Law.
Maamo rejected the defense of Valenzuela that the evidences against him were "planted" by the policemen to ensure his conviction.
Cebu City drugs enforcement policemen arrested Valenzuela after he sold the shabu to the poseur buyer in a buy bust operation at barangay Calamba on August 11, 2003.
Immediately after his arrest, the policemen frisked him and found from his possession three more packs of shabu.
Valenzuela argued in court that it was impossible for him to sell the shabu to the poseur buyer because the place where the buy bust operation took place was a public place with a lot of people around.
Judge Maamo however rejected Valenzuela's contention, stating in his decision: "It is now judicially observed and recognized that drug pushers sell dangerous drugs to any customer, ...in private as well as in public places whether daytime or at night."
The frisking of Valenzuela without a search warrant was deemed a legal action because it was done after he was arrested legally for the selling of shabu. - Rene U. Borromeo