FIRST DIVISION
[G.R. No. 238122. February 11, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. EVANGELISTA RUBICA y CESAR @ EBANG, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedFebruary 11, 2019which reads as follows:
"G.R. No. 238122 — (People of the Philippines v. Evangelista Rubica y Cesar @ Ebang)
This is an appeal from the October 27, 2017 Decision 1 of the Court of Appeals in CA-G.R. CR-HC No. 02340, which affirmed the July 4, 2016, Decision 2 of the Regional Trial Court of Cebu City, Branch 8, finding Evangelista Rubica y Cesar @ Ebang (accused-appellant) guilty beyond reasonable doubt of having violated Sections 5 and 11, Article II of Republic Act (R.A.) No. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002."
After a perusal of the records of the case, the Court resolves to DISMISS the appeal for failure of the accused-appellant to sufficiently show any reversible error in the challenged decision warranting the exercise of the Court's appellate jurisdiction.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision of the Court of Appeals in CA-G.R. CR-HC No. 02340 and AFFIRMS said decision finding accused-appellant Evangelista Rubica y Cesar @ Ebang GUILTY beyond reasonable doubt of violation of Sections 5 and 11, Article II of R.A. No. 9165. In Criminal Case No. CBU-104166, for violation of Section 5, Art. II of R.A. No. 9165, accused-appellant is sentenced to suffer the penalty of Life Imprisonment and to pay a fine of Five Hundred Thousand Pesos (P500,000.00). In Criminal Case No. CBU-104167, for violation of Section 11 of the same law, he is sentenced to suffer the penalty of Life Imprisonment and to pay a fine of Four Hundred Thousand Pesos (P400,000.00) for possessing 102 pieces of heat-sealed transparent plastic sachets containing methamphetamine hydrochloride with a total weight of 13.30 grams.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 4-21; penned by Associate Justice Edgardo L. Delos Santos, with Associate Justices Edward B. Contreras and Gabriel T. Robeniol, concurring.
2. CA rollo, pp. 41-57; penned by Presiding Judge Macaundas M. Hadjirasul.