FIRST DIVISION
[G.R. No. 239550. August 15, 2018.]
SALVADOR SOLIBEL y SANTOS, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 15, 2018which reads as follows:
"G.R. No. 239550 (Salvador Solibel y Santos v. People of the Philippines). — The motion for extension of time to file petition for review on certiorari dated June 18, 2018 is GRANTED. Nonetheless, after review, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in upholding the conviction of Salvador Solibel y Santos (Solibel) for illegal sale of dangerous drugs.
Questions on the credibility of witnesses should best be addressed to the trial court because of its unique position to observe the elusive and incommunicable evidence of witnesses' deportment on the stand while testifying, which is denied to the appellate courts. Hence, in the absence of substantial reason to justify the reversal of the trial court's assessment and conclusion, as when no significant facts and circumstances are shown to have been overlooked or disregarded, the reviewing court is generally bound by the former's findings. The rule is even more strictly applied if the appellate court has concurred with the trial court as in this case. 1 TAIaHE
Furthermore, there is no compelling reason to disaffirm the findings of the trial court, as upheld by the CA, that the prosecution had successfully demonstrated substantial compliance by the apprehending officers with the safeguards provided by Republic Act No. 9165 as regards the rule on chain of custody. The prosecution was able to establish: (1) the seizure and marking of the illegal drug recovered from Solibel by the apprehending officer, as well as the inventory and photograph thereof in accordance with law; (2) the turnover of the illegal drug seized by the apprehending officer to the investigating officer; (3) the turnover by the investigating officer of the illegal drug to the forensic chemist for laboratory examination; and (4) the turnover and submission of the marked illegal drug seized by the forensic chemist to the court. 2
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated May 25, 2018 of the Court of Appeals in CA-G.R. CR-HC No. 09263 and AFFIRMS said Decision finding Salvador Solibel y Santos GUILTY beyond reasonable doubt of violation of Section 5, Article II of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, and sentencing him to suffer the penalty of life imprisonment and a fine of P500,000.00.
The petitioner is hereby required to SUBMIT within five (5) days from notice hereof, a notarized verified declaration of the petition for review on certiorari pursuant to A.M. Nos. 10-3-7-SC and 11-9-4-SC. The Court of Appeals is DELETED as party respondent in this case pursuant to Sec. 4, Rule 45, 1997 Rules of Civil Procedure, as amended. ICHDca
SO ORDERED."Peralta, J., designated as Acting Chairperson of the First Division per Special Order No. 2582 (Revised) dated August 8, 2018; Gesmundo, J., designated as Acting Member per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1. See People v. Alberca, G.R. No. 217459, June 7, 2017, 827 SCRA 1, 12-13.
2. See People v. Dahil, G.R. No. 212196, January 12, 2015, 745 SCRA 221, 240.