FIRST DIVISION
[G.R. No. 246822. August 14, 2019.]
HEIDI CAHULOGAN y DE CASTRO, * petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 14, 2019which reads as follows:
"G.R. No. 246822 (Heidi Cahulogan y de Castro v. People of the Philippines)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the August 31, 2018 Decision 2 and the March 15, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 01794-MIN for failure of petitioner Heidi Cahulogan y De Castro (petitioner) to sufficiently show that the CA committed any reversible error in affirming her conviction for Illegal Sale and Use of Dangerous Drugs, defined and penalized under Sections 5 and 15, Article II of Republic Act No. 9165, 4 otherwise known as the "Comprehensive Dangerous Drugs Act of 2002."
As correctly ruled by the CA, the prosecution had satisfactorily established all the elements of the crimes charged, as well as the chain of custody over the seized items. 5 Moreover, the issues raised in the instant petition are factual in nature, and thus, beyond the scope of review in a Rule 45 Petition. 6
The Cash Collection and Disbursement Division is hereby DIRECTED to RETURN to petitioner the excess payment for the legal fees in the amount of P170.00 under O.R. No. 0238726-SC-EP dated May 21, 2019.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
* Also referred to as "Heidi Cagulogan y de Castro" in some parts of the rollo.
1. Titled "Petition for Review on Certiorari (With Alternative Prayer for Approval of Motion to Allow Plea Bargaining)"; rollo, pp. 12-24.
2.Id. at 28-45. Penned by Associate Justice Tita Marilyn Payoyo-Villordon with Associate Justices Romulo V. Borja and Oscar V. Badelles, concurring.
3.Id. at 47-48. Penned by Associate Justice Tita Marilyn Payoyo-Villordon with Associate Justices Oscar V. Badelles and Evalyn M. Arellano-Morales, concurring.
4. Entitled "AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES," approved on June 7, 2002.
5. See rollo, pp. 38-44.
6. See Macad v. People, G.R. No. 227366, August 1, 2018.