SECOND DIVISION
[G.R. No. 206416. March 16, 2016.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NICK VIDAR Y SERRANO, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 16 March 2016 which reads as follows:
"G.R. No. 206416 — People of the Philippines, plaintiff-appellee, v. Nick Vidar y Serrano, accused-appellant.
After a careful review of the records of this case, we find the appeal to be unmeritorious. We therefore adopt the findings of the trial court as affirmed by the Court of Appeals. The Court of Appeals correctly affirmed the ruling of the Regional Trial Court of Ligao City, Albay, Branch 12 finding appellant Nick Vidar y Serrano guilty beyond reasonable doubt of violation of Section 5, Article II of Republic Act No. 9165. The prosecution satisfactorily established the following elements of illegal sale of shabu: (1) the identity of the buyer and the seller, the object, and consideration; and (2) the delivery of the thing sold and the payment therefor. The trial court, as affirmed by the Court of Appeals, found the prosecution's evidence sufficient to prove the guilt of appellant for selling shabu for marked money during the buy-bust operation.
There is no evidence on record that the police officers had ill motives to testify against appellant. They are, therefore, entitled to the legal presumption of regularity in the performance of official functions and their testimonies are accorded full faith and credence.
The penalty for the unauthorized sale of shabu, regardless of its quantity and purity, is life imprisonment to death and a fine ranging from P500,000.00 to P10 million. Accordingly, appellant was sentenced to suffer the penalty of life imprisonment and to pay a fine of P500,000.00.
WHEREFORE, we ADOPT the findings of the trial court as affirmed by the Court of Appeals. The assailed Decision dated June 29, 2012 of the Court of Appeals in CA-G.R. CR-HC No. 03157, affirming the Judgment dated November 28, 2007 of the Regional Trial Court of Ligao City, Albay, Branch 12 finding appellant Nick Vidar y Serrano GUILTY beyond reasonable doubt of the crime of violation of Section 5, Article II of Republic Act No. 9165 and sentencing him to suffer the penalty of life imprisonment and to pay a fine of P500,000.00, is AFFIRMED. ATICcS
SO ORDERED. (Brion J., on leave; Leonen, J., on official leave under the Court's Wellness Program)"
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court