SECOND DIVISION
[G.R. No. 249405. December 11, 2019.]
FRANKIE MAGANA y DE LUNA, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated11 December 2019which reads as follows:
"G.R. NO. 249405 — FRANKIE MAGANA y DE LUNA v. PEOPLE OF THE PHILIPPINES
Before us is a petition for review under Rule 45 of the Rules of Court, assailing the April 10, 2019 Decision and the September 13, 2019 Resolution of the Court of Appeals (CA) in CA-G.R. No. 39977, finding petitioner Frankie Magana y De Luna guilty beyond reasonable doubt of Violation of Section 11, Article II of Republic Act (R.A.) No. 9165.
Acting on the Motion for Extension, the same is hereby GRANTED.
After a judicious review, the Court resolves to DENY the petition for failure of the petitioner to sufficiently show any reversible error in the assailed Decision and Resolution of the Court of Appeals.
The Court, however, finds it proper to modify the range of penalty imposed.
The penalty for illegal possession of 0.02 gram of shabu under Section 11, Article II of R.A. No. 9165 is imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of shabu. This Court deems it proper to modify the penalty by broadening the range to twelve (12) years and one (1) day, as minimum, to fourteen (14) years, as maximum.
WHEREFORE, premises considered, the April 10, 2019 Decision and the September 13, 2019 Resolution of the Court of Appeals in CA-G.R. CR No. 39977 are AFFIRMED with MODIFICATION. Petitioner Frankie Magana y De Luna 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 the fine of P400,000.00.
SO ORDERED."
Very truly yours,
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court