People v. Mashaallah Shokouhi, Jr.

THIRD DIVISION

[G.R. No. 207808. February 24, 2014.]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. MASHAALLAH SHOKOUHI, JR. Y MUSCOSO @ "LARRY/NARY" AND PATRICK RODRIGUEZ Y GARRACHICO,accused-appellant.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, Third Division, issued a Resolution dated February 24, 2014, which reads as follows:

"G.R. No. 207808 (People of the Philippines vs. Mashaallah Shokouhi, Jr. y Muscoso @ "Larry/Nary" and Patrick Rodriguez y Garrachico).—The Court resolves to:

(1) NOTE:

(a) the letters both dated October 14, 2013 of P/Supt. IV Venancio J. Tesoro of the New Bilibid Prison, Muntinlupa City, confirming the confinement therein of both appellants Shokouhi, Jr. and Rodriguez since April 30, 2010; and

(b) the Public Attorney's Office's Manifestation (in Lieu of Supplemental Brief) dated November 6, 2013 that it would no longer file a supplemental brief as the appellants' brief previously submitted already took up all the relevant matters regarding the defense of appellants; and

(2) NOTE and GRANT the Office of the Solicitor General's Manifestation and Motion (to be excused from filing Supplemental Brief) dated October 10, 2013 alleging that the appellee's brief filed with the Court of Appeals had adequately addressed the issues and arguments in the appellants' brief, hence, it is no longer filing a supplemental brief.

Considering the allegations, issues and arguments presented, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its assailed Decision dated October 19, 2012, as to warrant the exercise of the Court's appellate jurisdiction.

IN VIEW OF THE FOREGOING, the CA Decision dated October 19, 2012 in CA-G.R. CR-H.C. No. 04523 — affirming in toto the April 29, 2010 Judgment of the Regional Trial Court, National Capital Region, Branch 204 of Muntinlupa City, in Criminal Case Nos. 06-340 and 34, finding: (a) accused-appellants GUILTYbeyond reasonable doubt as principals by direct participation of violating Section 5, Art. II of Republic Act No. 9165, sentencing them to Life Imprisonment, and ordering payment of a fine of PhP500,000 each; and (b) accused-appellant Mashaallah Shokouhi, Jr. y Muscoso GUILTY beyond reasonable doubt of illegal possession of marijuana cigarettes, a dangerous drug under Sec. 11, Art. II of the same law, sentencing him to an indeterminate penalty of imprisonment from twelve (12) years and one (1) day as minimum to fourteen (14) years as maximum, and ordering him to pay a fine of PhP300,000 — is hereby AFFIRMED. (Bersamin, J., designated Acting Member per Special Order No. 1640 dated February 19, 2014 in lieu of Abad, J., who is on leave of absence.)

SO ORDERED."

Very truly yours,

LUCITA ABJELINA SORIANODivision Clerk of Court

By:

(SGD.) WILFREDO V. LAPITANDeputy Division Clerk of Court