FIRST DIVISION
[G.R. No. 238170. January 7, 2019.]
PEOPLE OF THE PHILIPPINES, petitioner,vs. JAPHETH MEREDORES Y AW, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated January 7, 2019 which reads as follows:
"G.R. No. 238170 (People of the Philippines v. Japheth Meredores y Aw). — After review, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in upholding Japheth Meredores y Aw's conviction of violating Section 5, Article II of Republic Act No. 9165 (otherwise known as the Comprehensive Dangerous Drugs Act of 2002).
The CA is correct in upholding the lower court's decision that all the elements for the sale of dangerous drugs have been proved in this case. The testimonies and evidence offered by the prosecution were the basis of the CA in affirming the conviction of appellant, whose defense of denial and frame up had remained uncorroborated.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated October 27, 2017 of the Court of Appeals in CA-G.R. CEB CR-HC NO. 02162, and AFFIRMS said Decision finding accused-appellant Japheth Meredores y Aw GUILTY beyond reasonable doubt of violation of Section 5, Article II of Republic Act No. 9165, and sentencing him to suffer the penalty of life imprisonment, without eligibility of parole, plus a fine of P500,000.00.
The Office of the Solicitor General's manifestation and motion (in lieu of supplemental brief), pursuant to the Resolution dated June 25, 2018, stating that it dispenses with the filing of a supplemental brief as its Appellee's Brief has substantially and exhaustively responded to and refuted accused-appellant's arguments in his appeal brief; and the accused-appellant's manifestation in lieu of supplemental brief, pursuant to the Resolution dated June 25, 2018, stating that he will no longer file a supplemental brief since his cause and arguments have been sufficiently presented and discussed in his Appellant's Brief, are both NOTED.
SO ORDERED." Bersamin, C.J., on official business; Del Castillo, J., designated as Acting Chairperson per Special Order No. 2632 dated December 28, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court