FIRST DIVISION
[G.R. No. 230627. January 7, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. LINDON DUNGCA y VILLANUEVA, JOEL ARRIOLA y ESTRELLA, AND ALLAN VILLANUEVA y DEL MORO, accused, JOEL ARRIOLA y ESTRELLA AND ALLAN VILLANUEVA y DEL MORO, accused-appellants.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated January 7, 2019 which reads as follows:
"G.R. No. 230627 (People of the Philippines v. Lindon Dungca y Villanueva, Joel Arriola y Estrella, and Allan Villanueva y Del Moro, accused; Joel Arriola y Estrella and Allan Villanueva y Del Moro, accused-appellants). — After review, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in upholding the conviction of accused-appellant Joel Arriola y Estrella for violation of Sections 5 and 11, Article II of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002 and accused-appellant Allan Villanueva y Del Moro for violation of Section 5 of the same law.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated September 6, 2016 of the Court of Appeals in CA-G.R. CR-HC No. 07542 and AFFIRMS the Decision finding accused-appellant Joel Arriola y Estrella GUILTY beyond reasonable doubt for violation of Sections 5 and 11, Article II of Republic Act No. 9165. The Court sentences Joel Arriola y Estrella, thus: (i) (for the sale of shabu) life imprisonment and a fine of P500,000.00; (ii) (for possession) twelve (12) years and one (1) day, as minimum, to twenty (20) years, as maximum, and to pay a fine of P300,000.00. In so far as accused-appellant Allan Villanueva y Del Moro is concerned, the assailed Decision dated September 6, 2016 is hereby SET ASIDE and Criminal Case No. 75911 before the Regional Trial Court of Caloocan City, Branch 131 is DISMISSED by reason of his death on May 14, 2015.
SO ORDERED."Bersamin, C.J., on official business; Del Castillo, J., designated as Acting Chairperson per Special Order No. 2632 dated December 28, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court