FIRST DIVISION
[G.R. No. 234318. August 1, 2018.]
PEOPLE OF THE PHILIPPINES, petitioner, vs. MARLON AGAPITO y ESTACIO, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 1, 2018which reads as follows:
"G.R. No. 234318 (People of the Philippines v. Marlon Agapito y Estacio). — After review of the records, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in upholding accused-appellant Marlon Agapito y Estacio's conviction of violating Sections 5 and 11, Article II of Republic Act (RA) No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002.
The CA is correct in ruling that all the elements for the sale and possession of illegal drugs obtain in this case, as proved in the testimonies of the prosecution witnesses. The testimonies and the evidence offered by the prosecution were the bases of the CA in affirming the conviction of accused-appellant, whose lone and uncorroborated defense was alibi, denial, and frame-up. The CA likewise correctly ruled that the unbroken chain of custody of the seized illegal drugs has been proved. It found that "prosecution was able to account for every link in the chain of custody of the seized drugs. It has shown by records and testimony of PO1 Bandong the continuous whereabouts of the corpus delicti, at least between the time it came to into his possession and until it was tested in the crime laboratory to determine its composition up to the time it was offered in court as evidence." 1 aScITE
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated May 26, 2017 of the Court of Appeals in CA-G.R. CR-H.C. No. 08311, and AFFIRMS said Decision finding accused-appellant Marlon Agapito y Estacio GUILTY beyond reasonable doubt of violation of Sections 5 and 11, Article II of RA No. 9165, and sentencing him to suffer the penalty of life imprisonment plus a fine of P500,000.00 for violation of Section 5 and the indeterminate penalty of imprisonment of 12 years and one day as minimum to 13 years as maximum, and to pay a fine of P300,000.00 for violation of Section 11.
The Office of the Solicitor General's manifestation pursuant to the Resolution dated December 13, 2017, stating that is dispensing with the filing of a supplemental brief to expedite the resolution of the case; and the accused-appellant's manifestation (in lieu of supplemental brief), pursuant to the Resolution dated December 13, 2017, stating that he will no longer file a supplemental brief since no new issues material to the case which were not elaborated upon in his Appellant's Brief were discovered, are both NOTED. DETACa
SO ORDERED." Leonardo-de Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018, Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1.Rollo, p. 12.