SECOND DIVISION
[G.R. No. 191753. January 28, 2013.]
PEOPLE OF THE PHILIPPINES, appellee, vs. RONALD DE JESUS Y APACIBLE AND AMELITO DELA CRUZ Y PUA, appellants.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 28 January 2013 which reads as follows:
G.R. No. 191753 (People of the Philippines v. Ronald de Jesus y Apacible and Amelito dela Cruz y Pua). Before us is the motion for reconsideration 1 addressing the Court's Decision 2 dated September 17, 2012 which dismissed the appeal filed by appellants Ronald de Jesus y Apacible and Amelito dela Cruz y Pua. The dispositive portion of the assailed decision decreed:
WHEREFORE, premises considered, we DISMISS the appeal and AFFIRM the decision dated August 12, 2009 and the resolution dated January 25, 2010 of the Court of Appeals in CA-G.R. CR-HC No. 03185, finding appellants Ronald de Jesus y Apacible and Amelito dela Cruz y Pua GUILTY of violating Section 5, Article II of Republic Act No. 9165, and appellant Amelito dela Cruz y Pua GUILTY of violating Section 11, Article II of Republic Act No. 9165.
SO ORDERED. 3 (emphases supplied)
The appellants, in their motion, point to the prosecution's failure to adduce evidence proving the corpus delicti in the crimes charged. They assert that the evidence shows broken links in the chain of custody.
We find nothing in the available records that persuades us to deviate from our earlier findings. The issue with respect to the corpus delicti in the crimes of sale and of possession of shabu had been duly passed upon in our Decision. We note that the present argument is the same argument that the appellants raised in their appeal and that we have considered, based on the facts, the applicable law and jurisprudence. Thus, in the absence of any compelling reason to modify, alter, or overturn our earlier ruling, we maintain this ruling. TCaADS
ACCORDINGLY, premises considered, we DENY the motion for reconsideration for lack of merit.
SO ORDERED.
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1.Rollo, pp. 75-81.
2.Id. at 61-74.
3.Id. at 73.