G.R. No. 233681 - Aguirre vs. Bombaes

On June 6, 2003, PO1 Roland A. Panis, a police poseur-buyer, purchased 4.86 grams of dried marijuana fruiting tops from Michael Padua (minor, 17) and Edgar Allan Ubalde in Pasig City.
An Information for violation of Section 5, Article II of R.A. No. 9165 (sale of dangerous drugs) was filed before RTC, Branch 168, Pasig City.

Petitioner pleaded not guilty on October 13, 2003, then withdrew that plea on February 2, 2004 to plead guilty and avail of first-time minor offender benefits under Section 70, R.A. No. 9165.
On February 6, 2004, the RTC convicted Padua and sentenced him to an indeterminate term of six years and one day as minimum of Prision Mayor to seventeen years and four months of reclusion temporal as maximum, plus a ₱500,000 fine.

On February 10, 2004, Padua filed a Petition for Probation under P.D. No. 968 and Section 70 of R.A. No. 9165; a Post-Sentence Investigation Report (PSIR) recommending probation was submitted on April 6, 2004.
The RTC denied the petition on May 11, 2004, citing Section 24 of R.A. No. 9165 which bars probation for drug traffickers; a motion for reconsideration was denied on July 28, 2004.
Padua filed a Rule 65 petition in the Court of Appeals, which was dismissed on April 19, 2005; his motion for reconsideration was denied on June 14, 2005.
He elevated the case to the Supreme Court via petition for review on certiorari.

Whether the Court of Appeals erred in affirming the denial of probation, thereby depriving petitioner’s rights as a minor under A.M. No. 02-1-18-SC (Rule on Juveniles in Conflict with the Law).
Whether petitioner’s right to be released on recognizance under R.A. No. 9344 (Juvenile Justice and Welfare Act) was violated.
Whether Section 32 of A.M. No. 02-1-18-SC applies to this case.