SECOND DIVISION
[G.R. No. 246443. January 22, 2020.]
RAYMUND MONTON y DOLORES, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated22 January 2020which reads as follows:
"G.R. No. 246443 (Raymund Monton y Dolores v. People of the Philippines). — After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the June 14, 2018 Decision 2 and the February 6, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 09231 for failure of petitioner Raymund Monton y Dolores (petitioner) to sufficiently show that the CA committed any reversible error in affirming his conviction 4 for the crimes of Illegal Sale of Dangerous Drugs and Illegal Possession of Dangerous Drugs, defined and penalized under Sections 5 and 11, Article II of Republic Act No. (RA) 9165, 5 otherwise known as the "Comprehensive Dangerous Drugs Act of 2002."
As correctly ruled by the CA, the prosecution was able to establish the elements for both crimes. 6 For Illegal Sale of Dangerous Drugs, the prosecution was able to: (a) show that the buy-bust operation took place; (b) present the shabu subject of the transaction; and (c) identify petitioner as the seller thereof. 7 Likewise, during the succeeding search on his person, the arresting officers confiscated more than fifty (50) grams of shabu, which petitioner had no authority to possess. 8 For both crimes, the chain of custody was properly observed, as Police Officer 3 Elvis Yaris was in sole custody of the seized items from the time of confiscation until they were received in the crime laboratory for examination. 9 Finally, there was compliance with the requirements under Section 21 10 of RA 9165; hence, petitioner's conviction must be upheld. aScITE
SO ORDERED. (Reyes, A., Jr. and Hernando, JJ., on official leave.)"
Very truly yours,
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 10-36.
2.Id. at 42-52. Penned by Presiding Justice and Chairperson Romeo F. Barza (retired) with Associate Justices Stephen C. Cruz and Carmelita Salandanan Manahan, concurring.
3.Id. at 54-56.
4. Not attached to the rollo.
5. 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.
6. See rollo, p. 48.
7. See id.
8. See id. at 48-49.
9. See id. at 49.
10. See Section 21 of RA 9165.