THIRD DIVISION
[G.R. No. 203067. January 14, 2013.]
PEOPLE OF THE PHILIPPINES, appellee, vs. COUNG LEE Y QUI @ VIETCONG, accused.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated January 14, 2013, which reads as follows:
"G.R. No. 203067 (People of the Philippines v. Coung Lee y Qui @ Vietcong). — The records of this case were elevated to this Court on September 5, 2012, pursuant to the Resolution of the Court of Appeals, dated March 9, 2012, which gave due course to the notice of appeal filed by the accused, Coung Lee y Qui alias Vietcong.
The Court resolves to:
(1) GRANT the Motion for Extension to File Supplemental Brief filed by the accused for fifteen days;
(2) NOTE the Manifestation and Motion filed by the Office of the Solicitor General, stating that it is no longer filing any supplemental brief and that it is adopting the Appellee's Brief filed with the Court of Appeals as it had adequately discussed the guilt of the accused for the offense charged;
(3) NOTE the Supplemental Brief, dated December 21, 2012, filed by the accused; and
(4) After a perusal of the records of the case, DISMISS the appeal of the accused for his failure to sufficiently show reversible error in the challenged decision warranting the exercise of the Court's appellate jurisdiction. cHSTEA
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the February 21, 2012 Decision of the Court of Appeals in CA-G.R. CR-HC No. 04614, finding the accused, Coung Lee y Qui alias Vietcong, GUILTY beyond reasonable doubt of violating Section 5 and Section 11 of Republic Act No. 9165 and sentencing him to suffer:
a) In Criminal Case No. 09-272610, the penalty of life imprisonment and the payment of fine in the amount of Five Hundred Thousand Pesos (P500,000.00), without subsidiary imprisonment in case of insolvency, for the illegal sale of 0.031 gram of methamphetamine hydrochloride; and
b) In Criminal Case No. 09-272611, the indeterminate penalty of imprisonment ranging from 12 years and 1 day, as minimum, to 17 years and 4 months, as maximum, and the payment of fine in the amount of Three Hundred Thousand Pesos (P300,000.00), without subsidiary imprisonment in case of insolvency, for the illegal possession of 0.069 gram of methamphetamine hydrochloride.
SO ORDERED."
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court
By:
WILFREDO V. LAPITANDeputy Division Clerk of Court