The Department of Justice has filed before the Mandaluyong City Regional Trial Court a complaint for violation of the Republic Act 9165 or the Comprehensive Dangerous Drugs Act against former Philippine Basketball Association player Dorian Alan T. Peña.
In a six page resolution, the DoJ found probable cause to hold Peña criminally liable for violating Section 15 Article II of RA 9165 after he tested positive for the use of methamphetamine and its metabolite Amphetamine.
“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,” the DoJ resolution said, noting that “after confirmatory test, he was certified as showing reactions indicative for the presence of Methamphetamine and its metabolite Amphetamine.’
“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 stated.
Peña, along with Ledy Mea Vilchez and Jose Paolo Ampeso were arrested in a buy-bust operation last May 9 in Merryland Village, Mandaluyong City.
During the arrest, authorities confiscated shabu, aluminum foils, glass inhaler, scissors, improvised burner, electronic pocket scale and the marked money.
The DoJ 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,” stated the DoJ resolution, which was approved by Prosecutor General Victor Sepulveda.
