SECOND DIVISION
[G.R. No. 248081. January 13, 2021.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.JONAS RABAGO y BUENO, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated13 January 2021which reads as follows: HTcADC
"G.R. No. 248081 (People of the Philippines v. Jonas Rabago y Bueno). — The Court NOTES the letter dated September 18, 2020 of CInsp. Edgar N. Morillo, OIC-Superintendent, New Bilibilid Prison-South, Muntinlupa City, confirming the confinement of accused-appellant in the said institution on January 10, 2018.
After a review of the records, this Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its January 16, 2019 Decision 1 as to warrant the exercise of this Court's appellate jurisdiction.
As correctly held by the CA, all the elements for the crime of Illegal Sale and Illegal Possession of Dangerous Drugs under Sections 5 2 and 11, 3 Article II of Republic Act (R.A.) No. 9165 were proven by the prosecution's evidence warranting the affirmance of the judgment of the courts a quo convicting appellant.
WHEREFORE, the appeal is DISMISSED. The January 16, 2019 Decision of the Court of Appeals in CA-G.R. CR-HC No. 10039, finding appellant Jonas Rabago y Bueno guilty beyond reasonable doubt of Illegal Sale of Dangerous Drugs under Section 5, Article II of R.A. No. 9165 and Illegal Possession of Dangerous Drugs under Section 11, Article II of R.A. No. 9165 is AFFIRMED. Appellant is hereby SENTENCED to serve the penalty of Life Imprisonment and to PAY a fine of Five Hundred Thousand Pesos (P500,000.00) for violation of Section 5 in Criminal Case No. R-QZN-17-11762-CR, and imprisonment of twelve (12) years and one (1) day, as minimum, to fourteen (14) years and eight (8) months, as maximum, and a fine of Three Hundred Thousand Pesos (P300,000.00) for violation of Section 11 in Criminal Case No. R-QZN-17-11763-CR.
SO ORDERED. (Rosario, J., designated additional member per Special Order No. 2797 dated November 5, 2020)"
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1. CA rollo, pp. 109-127; penned by Associate Justice Stephen C. Cruz, with Associate Justices Pedro B. Corales and Jhosep Y. Lopez, concurring.
2.Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. — The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions. x x x.
3.Section 11. Possession of Dangerous Drugs. — The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity thereof:
xxx xxx xxx
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as follows:
xxx xxx xxx
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu," or other dangerous drugs such as, but not limited to, MDMA or "ecstasy," PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or less than three hundred (300) grams of marijuana.