FIRST DIVISION
[G.R. No. 245971. September 11, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.MARK ANTHONY PORLAS y CANDING A.K.A. "ARAB", accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedSeptember 11, 2019which reads as follows:
"G.R. No. 245971 (People of the Philippines v. Mark Anthony Porlas y Canding a.k.a. "Arab")
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 September 5, 2018 Decision 2 of the CA in CA-G.R. CR-HC No. 08737 and AFFIRMS said Decision finding accused-appellant Mark Anthony Porlas y Canding a.k.a. "Arab" (Porlas) GUILTY beyond reasonable doubt of violating Section 3 of Presidential Decree No. 1866, 3 as amended by Republic Act No. 9516. 4 Accordingly, he is sentenced to suffer the penalty of reclusion perpetua.
Furthermore, the Court NOTES the following: (a) the Manifestation and Motion (in lieu of supplemental brief) of the Office of the Solicitor General filed on August 5, 2019; (b) the Letter dated July 25, 2019 of CSupt. Marites D. Luceño, Chief, Inmates' Documents and Processing Division, Bureau of Corrections, Muntinlupa City, informing the Court that Porlas was received for confinement in the institution on December 3, 2016; and (c) the Letter dated August 1, 2019 of CSSupt. Bonifacio Lambiquit, New Bilibid Prison South Superintendent, Bureau of Corrections, Muntinlupa City, informing the Court that Porlas was received for confinement in the institution on December 3, 2016.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. See Notice of Appeal dated September 17, 2018; rollo, pp. 11-13.
2.Id. at 3-10. Penned by Associate Justice Victoria Isabel A. Paredes with Associate Justices Priscilla J. Baltazar-Padilla and Germano Francisco D. Legaspi, concurring.
3. Entitled "CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION, OF FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF AND FOR RELEVANT PURPOSES," approved on June 29, 1983. Section 3 thereof provides:
Section 3. Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or Possession of an Explosive or Incendiary Device. — The penalty of reclusion perpetua shall be imposed upon any person who shall willfully and unlawfully manufacture, assemble, deal in, acquire, dispose, import or possess any explosive or incendiary device, with knowledge of its existence and its explosive or incendiary character, where the explosive or incendiary device is capable of producing destructive effect on contiguous objects or causing injury or death to any person, including but not limited to, hand grenade(s), rifle grenade(s), 'pillbox bomb,' 'molotov cocktail bomb,' 'fire bomb,' and other similar explosive and incendiary devices.
4. Entitled "AN ACT FURTHER AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866, AS AMENDED, ENTITLED 'CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION OF FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF, AND FOR RELEVANT PURPOSES,'" approved on December 22, 2008.