THIRD DIVISION
[G.R. No. 206881. October 14, 2013.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs.LORNA CIPCON Y DELA PEÑA @ 'LORNA', accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated October 14, 2013,which reads as follows:
"G.R. No. 206881 (People of the Philippines v. Lorna Cipcon y Dela Peña @ 'Lorna').— The records of this case were elevated to this Court on May 15, 2013, pursuant to the Resolution of the Court of Appeals, dated February 27, 2012, which gave due course to the notice of appeal filed by the accused, Lorna Cipcon y Dela Peña.
The Court resolves to:
(1) NOTE the Letter, dated August 23, 2013, of Rachel D. Ruelo, Superintendent, Correctional Institution for Women, Mandaluyong City, confirming the confinement of the accused therein since February 12, 2010;
(2) NOTE the Manifestation (In Lieu of Supplemental Brief),dated September 10, 2013, filed by the accused, that she adopts the appellant's brief as her supplemental brief, for the same had adequately discussed all the matters pertinent to her defense; TAcCDI
(3) NOTE the Manifestation (In Lieu of Supplemental Brief),dated September 23, 2013, filed by the Office of the Solicitor General, stating that it will no longer file a supplemental brief considering that the issues raised in the appellant's brief before the Court of Appeals have been thoroughly traversed by the appellee in its brief; and
(4) DISMISS the appeal of the accused for her failure to sufficiently show reversible error in the challenged decision warranting the exercise of the Court's appellate jurisdiction.
WHEREFORE,the Court ADOPTS the findings of fact and conclusions of law in the January 31, 2012 Decision of the Court of Appeals in CA-G.R. C.R.-H.C. No. 04335, as follows:
a) In Criminal Case No. 09-268166, finding the accused, Lorna Cipcon y Dela Peña GUILTY beyond reasonable doubt of having violated Section 5, in relation to Section 26, Article II of R.A. No. 9165 and sentencing her to suffer the penalty of life imprisonment, and to pay a fine in the amount of Five Hundred Thousand Pesos (P500,000.00), for the illegal sale of 0.021 gram of methamphetamine hydrochloride; and
b) In Criminal Case No. 09-268167, finding the accused, Lorna Cipcon y Dela Peña GUILTY beyond reasonable doubt of having violated Section 11, in relation to Section 26, Article II of R.A. No. 9165 and sentencing her to suffer the indeterminate penalty of twelve (12) years and one (1) day as minimum to seventeen (17) years and four (4) months as maximum, and to pay a fine in the amount of Three Hundred Thousand Pesos (P300,000.00), for the illegal possession of 0.020 gram of methamphetamine hydrochloride. (Abad, J.,on official leave; Brion, J.,designated acting member per Special Order No. 1554 dated September 19, 2013; Leonen, J.,on official leave; Leonardo-de Castro, J.,designated acting member per Special Order No. 1570 dated October 14, 2013) cIECaS
SO ORDERED."
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court