THIRD DIVISION
[G.R. No. 227189. October 5, 2020.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.FERDINAND FONOLLERA y ELUMBARING @ "TATA", accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedOctober 5, 2020, which reads as follows:
"G.R. No. 227189 (PEOPLE OF THE PHILIPPINES, plaintiff-appellee, v. FERDINAND FONOLLERA y ELUMBARING @ "Tata," accused-appellant). — On October 12, 2016, the Court of Appeals (CA) elevated to this Court the records of this case, 1 pursuant to its Resolution 2 dated August 4, 2016 which gave due course to the notice of appeal 3 dated July 15, 2016 filed by Ferdinand Fonollera y Elumbaring (accused-appellant).
In the Resolution 4 dated November 16, 2016, this Court noted the records of the case forwarded by the CA and the parties were then ordered to file their respective supplemental briefs, should they so desire, within 30 days from notice. 5
On March 31, 2017, accused-appellant filed a Manifestation 6 dated March 20, 2017 stating that he would no longer file a supplemental brief. A similar Manifestation 7 dated March 30, 2017 was made by the Office of the Solicitor General on behalf of the People of the Philippines.
After evaluating the records of this case, this Court resolves to dismiss the appeal as accused-appellant failed to show any reversible error in the assailed CA Decision 8 promulgated on June 29, 2016 which would warrant the exercise of this Court's appellate jurisdiction.
WHEREFORE, the findings of fact and conclusions of law of the Court of Appeals are AFFIRMED. The Court hereby renders judgment as follows:
1. In Criminal Case No. 21187, accused-appellant Ferdinand Fonollera y Elumbaring a.k.a. Tata is hereby found GUILTY beyond reasonable doubt of the offense of illegal sale of 0.03 gram of shabu in violation of Section 5, Article II of Republic Act No. 9165 and is hereby sentenced to suffer a penalty of life imprisonment and to pay a fine of P500,000.00.
2. In Criminal Case No. 21186, accused-appellant Ferdinand Fonollera y Elumbaring a.k.a. Tata is hereby found GUILTY beyond reasonable doubt of the offense of illegal possession of 0.14 gram of shabu in violation of Section 11, Article II of Republic Act No. 9165 and is hereby sentenced to suffer an indeterminate penalty of twelve (12) years and one (1) day as minimum term to fourteen (14) years as maximum term and to pay a fine of P400,000.00.
SOORDERED."
By authority of the Court:
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
Footnotes
1.Rollo, p. 1.
2. CA rollo, p. 132.
3.Id. at 128-130.
4.Rollo, pp. 29-30.
5.Id.
6.Id. at 34-36.
7.Id. at 39-42.
8.Id. at 4-22.