THIRD DIVISION
[G.R. No. 208652. August 11, 2014.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EDUARDO CALDERON Y TODTOD, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated August 11, 2014, which reads as follows:
"G.R. No. 208652 (People of the Philippines v. Eduardo Calderon y Todtod). — Accused-appellant Eduardo Calderon y Todtod assails the decision 1 of the Court of Appeals dated November 27, 2012, on the ground that it erred in affirming his conviction, considering that the prosecution failed to establish the proper chain of custody of the seized sachet containing methylamphetamine hydrochloride. 2
Eduardo Calderon y Todtod was arrested in a buy-bust operation. He was caught selling 0.04 gram of methylamphetamine hydrochloride, also known as shabu. 3 Branch 103 of the Quezon City Regional Trial Court found him guilty, 4 a decision affirmed by the Court of Appeals. 5
Pursuant to the resolution 6 of the Court of Appeals dated January 30, 2013, which gave due course to the notice of appeal filed by accused-appellant Eduardo Calderon y Todtod, the records of this case were elevated to this court on September 10, 2013. 7
In a resolution dated October 9, 2013, this court resolved to notify the parties that they may file their respective supplemental briefs within 30 days from notice. 8 This court also required the Chief Superintendent of the New Bilibid Prison to confirm the confinement of accused-appellant. 9
Counsel for accused-appellant Eduardo Calderon y Todtod 10 and the Office of the Solicitor General 11 filed their respective manifestations, stating that they would no longer file supplemental briefs considering that all issues had been discussed in the appellant's brief and appellee's brief filed with the Court of Appeals. P/Supt. Venancio J. Tesoro, Superintendent of the New Bilibid Prison, confirmed the confinement of accused-appellant in a letter dated November 27, 2013. 12 These were all noted by this court in a resolution dated February 12, 2014. CIDcHA
After a review of the case records, this court resolves to DISMISS the appeal of accused-appellant for failing to show any reversible error on the part of the Court of Appeals.
WHEREFORE, this court ADOPTS the findings of facts and conclusions of law of the Court of Appeals in its decision 13 dated November 27, 2012, in CA-G.R. CR-H.C. No. 04209, finding accused-appellant Eduardo Calderon y Todtod GUILTY beyond reasonable doubt for violating Section 5 of Republic Act No. 9165, and sentencing him with the penalty of life imprisonment and payment of fine in the amount of five hundred thousand pesos (P500,000.00), with the MODIFICATION that accused-appellant shall not be eligible for parole under Act No. 4103 (Indeterminate Sentence Law) in accordance with Section 3 of Republic Act No. 9346. 14 (Villarama, Jr., J., designated Acting Member in view of the vacancy in the Third Division per Special Order No. 1691 dated May 22, 2014.)
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1. Rollo, pp. 2-11.
2. CA rollo, p. 30.
3. Id. at 45-46.
4. Id. at 48.
5. Rollo, p. 11.
6. Id. at 15.
7. Id. at 1.
8. Id. at 17.
9. Id.
10. Id. at 21-23.
11. Id. at 25-27.
12. Id. at 18.
13. Id. at 2-11.
14. An Act Prohibiting the Imposition of Death Penalty in the Philippines (2006)
Sec. 3 of Republic Act No. 9346 states:
"Sec. 3. Persons convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua, by reason of this Act, shall not be eligible for parole under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended."