FIRST DIVISION
[G.R. No. 242156. January 16, 2019.]
FELIPE CORNAL Y NATURAL, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated January 16, 2019 which reads as follows:
"G.R. No. 242156 (Felipe Cornal y Natural v. People of the Philippines). — The petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
After review, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in upholding the conviction of petitioner Felipe Cornal y Natural for violation of Sections 11 and 12 of Republic Act (RA) No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. The prosecution was able to establish all elements of possession of dangerous drugs beyond reasonable doubt: (1) the accused is in possession of an item or object identified as a prohibited drug; (2) such possession is not authorized by law; and (3) the accused freely and consciously possessed the drug. 1 The evidence of the prosecution was likewise able to establish the elements of illegal possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs under Section 12: (1) possession or control by the accused of any equipment, apparatus or other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body; and (2) such possession is not authorized by law. 2 Furthermore, every link in the chain of custody was sufficiently established and the preservation of the integrity and the evidentiary value of the seized plastic sachets (corpus delicti) were duly made.
However, We modify the penalties imposed by the CA for violation of Section 11 of RA 9165. Pursuant to prevailing jurisprudence, the proper penalty for the illegal possession of dangerous drugs with a quantity of less than 5 grams (2.16 grams of dried marijuana leaves in this case) is an indeterminate period of twelve (12) years and one (1) day, as minimum, to fourteen (14) years, as maximum, and a fine of P300,000.00. 3
WHEREFORE, the petition is DENIED. The May 22, 2018 Decision and the September 11, 2018 Resolution of the Court of Appeals in CA G.R. CR No. 38600 finding Felipe Cornal GUILTY beyond reasonable doubt of violation of Sections 11 and 12 of Republic Act No. 9165 are hereby AFFIRMED with MODIFICATION. Petitioner is sentenced to suffer the indeterminate penalty of twelve (12) years and one (1) day, as minimum, to fourteen (14) years, as maximum, and to pay a fine of P300,000.00 for violation of Section 11; and an indeterminate penalty of six months (6) months and one (1) day, as minimum, to two (2) years, as maximum, and to pay a fine of P20,000.00 for violation of Section 12.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.People v. Eda, G.R. No. 220715, August 24, 2016, 801 SCRA 510, 522.
2.Zalameda v. People, G.R. No. 183656, September 4, 2009, 598 SCRA 537, 549.
3.People v. Cuevas, G.R. No. 238906, November 5, 2018.