THIRD DIVISION
[G.R. No. 241815. December 10, 2018.]
RODOLFO NICOLAS ECUBE y ROQUERO ALIAS "CLARK", petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated December 10, 2018, which reads as follows:
"G.R. No. 241815 (Rodolfo Nicolas Ecube y Roquero alias "Clark" v. People of the Philippines) — This is an appeal by certiorari filed under Rule 45 of the Rules of Court assailing the Decision 1 and Resolution 2 of the Court of Appeals (CA), dated April 13, 2018 and July 31, 2018, respectively, in CA-G.R. CR HC No. 02037, which found Rodolfo Nicolas Ecube y Roquero alias "Clark" (petitioner), guilty beyond reasonable doubt of illegal sale of shabu, punishable under Section 5, Article II of Republic Act (R.A.) No. 9165, and illegal possession of shabu, punishable under Section 11 of the same code, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002."
For violation of Sec. 5, Art. II of R.A. No. 9165 or illegal sale of shabu, petitioner was sentenced to suffer the penalty of life imprisonment and to pay the fine of Five Hundred Thousand Pesos (P500,000.00) and for violation of Sec. 11 of the same code or illegal possession of shabu, petitioner was sentenced to suffer an indeterminate penalty of imprisonment ranging from twelve (12) years and one (1) day, as minimum, to fourteen (14) years, as maximum, and to pay the fine of Three Hundred Thousand Pesos (P300,000.00).
The CA affirmed the Decision 3 of the Regional Trial Court of Iloilo City, Branch 36, dated November 14, 2014, in the case docketed as Criminal Case Nos. 10-69390 and 10-69389.
After a perusal of the records, this Court resolves to DENY the appeal for failure of petitioner to sufficiently show that the CA committed any reversible error in the assailed Decision as to warrant the exercise of the Court's appellate jurisdiction. The Court does not find any cogent reason to disrupt the findings of the CA.
WHEREFORE, the petition is DENIED. The Decision and Resolution of the Court of Appeals dated April 13, 2018 and July 31, 2018, respectively, in CA-G.R. CR HC No. 02037, are AFFIRMED. Petitioner Rodolfo Nicolas Ecube y Roquero alias "Clark" is hereby found GUILTY beyond reasonable doubt of the crime of illegal sale of shabu, punishable under Sec. 5, Art. II of R.A. No. 9165, and illegal possession of shabu, punishable under Sec. 11 of the same code, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002."
Petitioner Rodolfo Nicolas Ecube y Roquero alias "Clark" is hereby sentenced to suffer the penalty of life imprisonment and to PAY the fine of Five Hundred Thousand Pesos (P500,000.00) for violation of Sec. 5, Art. II of R.A. No. 9165 or illegal sale of shabu. For violation of Sec. 11 of the same code or illegal possession of shabu, petitioner is hereby sentenced to suffer an indeterminate penalty of imprisonment ranging from twelve (12) years and one (1) day, as minimum, to fourteen (14) years, as maximum, and to PAY the fine of Three Hundred Thousand Pesos (P300,000.00).
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, pp. 8-20; penned by Associate Justice Louis P. Acosta, and concurred in by Associate Justices Edgardo L. Delos Santos and Edward B. Contreras.
2.Id. at 21-22.
3.Id. at 63-84; penned by Judge Victor E. Gelvezon.