SECOND DIVISION
[G.R. No. 202698. July 8, 2015.]
PEOPLE OF THE PHILIPPINES,plaintiff-appellee,vs. RICARDO BUENAVENTURA Y MANTALA @ "BABANG",accused-appellant.
NOTICE
Sirs/Mesdames:
Please take notice that the Court, Second Division, issued a Resolution dated 08 July 2015 which reads as follows:
G.R. No. 202698 — People of the Philippines, plaintiff-appellee v. Ricardo Buenaventura y Mantala @ "Babang", accused-appellant.
After a careful review of the records of the case, the Court finds the appeal to be lacking in merit. Hence, we adopt and affirm the findings of facts of the Regional Trial Court of Manila, Branch 2 and the Court of Appeals. Both courts correctly found appellant Ricardo Buenaventura y Mantala @ "Babang" guilty beyond reasonable doubt of violation of Sections 5 and 11, Article II of Republic Act No. 9165, as amended by Republic Act No. 9346. For the violation of Section 5, the prosecution satisfactorily established the following elements: "(1) the identity of the buyer and the seller, the object and the consideration; and (2) the delivery of the thing sold and the payment therefor. What is material in a prosecution for illegal sale of dangerous drugs is the proof that the transaction or sale actually took place, coupled with the presentation in court of the corpus delicti or the illicit drug in evidence." 1 Similarly, the prosecution satisfactorily established the following elements for the illegal possession of dangerous drugs in violation of Section 11, to wit: appellant was shown to have been in possession of 0.012 gram of shabu, a prohibited drug; his possession was not authorized by law; and that he freely and consciously possessed the said illegal drug.
Under the law, the penalty for the unauthorized sale of shabu, regardless of its quantity and purity, is life imprisonment to death and a fine ranging from P500,000.00 to P10 million. However, with the enactment of Republic Act No. 9346, 2 only life imprisonment and fine shall be imposed. Thus, the penalty imposed by the trial court and affirmed by the Court of Appeals, i.e., life imprisonment and a fine of P500,000.00, is proper. Moreover, appellant is not eligible for parole pursuant to Section 2 of the Indeterminate Sentence Law. The penalty for illegal possession of dangerous drugs, on the other hand, is imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from P300,000.00 to P400,000.00, if the quantity of the dangerous drug is less than five (5) grams. In this case, appellant was found to have been in illegal possession of 0.012 gram of shabu. Thus, he was properly meted the penalty of imprisonment ranging from twelve (12) years and one (1) day to 17 years and 4 months and a fine of P300,000.00. SCaITA
WHEREFORE, the November 10, 2011 Decision of the Court of Appeals in CA-G.R. CR-HC No. 04455 finding appellant Ricardo Buenaventura y Mantala @ "Babang" guilty beyond reasonable doubt of the crimes of violation of Sections 5 and 11, Article II of Republic Act No. 9165, as amended by Republic Act No. 9346, and sentencing him to suffer the penalty of life imprisonment and ordering him to pay the fine of P500,000.00, for violation of Section 5, Article II, Republic Act No. 9165, and imprisonment of Twelve (12) years and one (1) day to seventeen (17) years and four (4) months and a fine of P300,000.00, for violation of Section 11, Article II, Republic Act No. 9165, is AFFIRMED with modification that appellant is not eligible for parole. (Del Castillo, J., designated as Acting Chairman of the Second Division in view of the leave of absence of Brion, J., per Special Order 2087 [REVISED] dated July 1, 2015; Peralta, J., designated as Acting Member in view of leave of absence of Carpio, J. per Special Order No. 2088 dated July 1, 2015; Bersamin, J., designated as Acting Member in view of the leave of absence of Brion, J., per Special Order 2079 dated June 29, 2015).
SO ORDERED.
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1. People v. Dilao, 555 Phil. 394, 409 (2007).
2. AN ACT PROHIBITING THE IMPOSITION OF THE DEATH PENALTY IN THE PHILIPPINES.