SECOND DIVISION
[G.R. No. 248373. July 6, 2020.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. MARK MONTALBAN y DURAN A.K.A. 'MACOY', accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated06 July 2020which reads as follows:
"G.R. No. 248373 (People of the Philippines v. Mark Montalban y Duran a.k.a. 'Macoy'). — After a judicious study of the case, the Court resolves to DISMISS the appeal 1 for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in the assailed Decision as to warrant the exercise of the Court's appellate jurisdiction.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the December 19, 2018 Decision 2 of the CA in CA-G.R. CEB CR-HC No. 02714 and AFFIRMS said Decision finding accused-appellant Mark Montalban y Duran a.k.a. 'Macoy' (accused-appellant) GUILTY beyond reasonable doubt of the crimes of Illegal Sale and Illegal Possession of Dangerous Drugs, defined and penalized under Sections 5 and 11, Article II of Republic Act No. 9165, 3 otherwise known as 'Comprehensive Dangerous Drugs Act of 2002.' Accordingly, he is sentenced to suffer the following penalties: (a) in Criminal Case No. 2017-24489, for Illegal Sale of Dangerous Drugs, accused-appellant is sentenced to suffer the penalty of life imprisonment, and to pay a fine of P500,000.00; and (b) in Criminal Case No. 2017-24490, for Illegal Possession of Dangerous Drugs, accused-appellant is sentenced to suffer the penalty of imprisonment for an indeterminate period of twelve (12) years and one (1) day of reclusion temporal, as minimum, to fourteen (14) years and eight (8) months of reclusion temporal, as maximum, and to pay a fine of P300,000.00.
SO ORDERED. (Gaerlan, J., designated Additional Member per Special Order No. 2780 dated May 11, 2020. Carandang, J., designated Additional Member vice Delos Santos, J.)"
Very truly yours,
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. See Notice to File Appeal and Manifestation with Leave of Court dated February 7, 2019; rollo, p. 27.
2.Id. at 5-26. Penned by Associate Justice Edgardo L. Delos Santos (now a member of this Court) with Associate Justices Marilyn B. Lagura-Yap and Emily R. Aliño-Geluz, concurring.
3. Entitled "AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES," approved on June 7, 2002.