FIRST DIVISION
[G.R. No. 236781. June 6, 2018.]
DENDEN GARCIA y COLONIA, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 6, 2018which reads as follows:
"G.R. No. 236781 (Denden Garcia y Colonia 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. cTDaEH
After a review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its ruling. The CA correctly affirmed the trial court's ruling that the prosecution was able to establish all the elements of the crime: 1) petitioner Denden Garcia y Colonia was found to be carrying a fan knife in his right back pocket; 2) he was in possession of the fan knife during the election period ban; 3) he failed to prove that he was covered by the exemption; and 4) he was carrying the fan knife in the street, which is a public place.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law of the Court of Appeals in its Decision dated May 11, 2017 and Resolution dated January 10, 2018 in CA-G.R. CR 37572. We find accused-appellant Denden Garcia y Colonia GUILTY beyond reasonable doubt of violation of Commission on Election Resolution No. 9561-A, in relation to Section 261 (q) of the Omnibus Election Code, as amended, and Sections 32 and 33 of Republic Act No. 7166, and thus sentence him to suffer the penalty of two (2) years and four (4) months, not subject to probation, and he shall suffer disqualification to hold public office and deprivation of the right of suffrage during the term of his sentence. The subject fan knife is confiscated and forfeited in favor of the government.
SO ORDERED." Leonardo-De Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Tijam, J., on official leave;Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018. ITAaHc
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court