SECOND DIVISION
[G.R. No. 249976. February 10, 2020.]
NORVEN QUIOM y CANDELARIA, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated10 February 2020which reads as follows:
"G.R. No. 249976 (Norven Quiom y Candelaria v. People of the Philippines). — Before Us is a petition for review under Rule 45 of the Rules of Court, assailing the June 27, 2019 Decision and the October 15, 2019 Resolution of the Court of Appeals in CA-G.R. CR No. 41215, finding petitioner Norven Quiom y Candelaria guilty beyond reasonable doubt of Violation of Section 11, Article II of Republic Act (R.A.) No. 9165. HTcADC
After a judicious review, the Court resolves to DENY the petition for failure of the petitioner to sufficiently show any reversible error in the assailed Decision and Resolution of the Court of Appeals.
The Court, however, finds it proper to modify the range of penalty imposed.
The penalty for illegal possession of 1.34 grams of marijuana under Section 11, Article II of R.A. No. 9165 is 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 three hundred (300) grams of marijuana. Applying the Indeterminate Sentence Law, the minimum period of the imposable penalty shall not fall below the minimum period set by the law and the maximum period shall not exceed the maximum period allowed under the law. Therefore, petitioner should be sentenced to suffer the indeterminate penalty of twelve (12) years and one (1) day, as minimum, to fourteen (14) years and eight (8) months, as maximum.
WHEREFORE, the Petition for Review on Certiorari is DENIED. The June 27, 2019 Decision and the October 15, 2019 Resolution of the Court of Appeals in CA-G.R. CR No. 41215 are AFFIRMED with MODIFICATION. Petitioner Norven Quiom y Candelaria is sentenced to suffer the indeterminate penalty of twelve (12) years and one (1) day, as minimum, to fourteen (14) years and eight (8) months, as maximum, and to pay the fine of P300,000.00.
SO ORDERED."
Very truly yours,
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court