FIRST DIVISION
[G.R. No. 239369. January 7, 2019.]
NOMER SUMAGUI, JR. Y BAUTISTA, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated January 7, 2019 which reads as follows:
"G.R. No. 239369 (Nomer Sumagui, Jr. y Bautista v. People of the Philippines). — After review, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals committed any reversible error in upholding the conviction of petitioner Nomer Sumagui, Jr. y Bautista for violation of Sections 5 and 11, Article II of Republic Act No. 9165 (R.A. 9165), otherwise known as the Comprehensive Dangerous Drugs Act of 2002.
The lower courts correctly gave evidentiary weight to the clear and straightforward testimonies of the police officers who primarily undertook the buy-bust operation. They likewise correctly dismissed as unimportant minor inconsistencies in the testimonies that did not affect their concurrence on the material facts that sought to establish, as they in fact did, the elements of illegal sale and possession of dangerous drugs. Finally, the lower courts justly accepted less than strict compliance with the procedural guidelines stated in Section 21 of R.A. 9165, as the integrity and evidentiary value of the seized items were shown to have been nonetheless preserved. 1
WHEREFORE, premises considered, the petition is DENIED. The Regional Trial Court of Bambang, Nueva Vizcaya, Branch 37 and the Court of Appeals in CA-G.R. CR-HC No. 08840 correctly found petitioner Nomer Sumagui, Jr. y Bautista guilty beyond reasonable doubt of violation of Sections 5 and 11, Article II, Republic Act 9165, and accordingly sentenced him thus: (for the sale of shabu) life imprisonment and a fine of P500,000.00; for illegal possession of the same) twelve years and one day, as minimum, to fifteen years, as maximum, and a fine of P300,000.00.
The assailed Decision dated April 20, 2018 issued by the Court of Appeals Fourth Division in CA-G.R. CR-HC No. 08840 is hereby AFFIRMED.
The petitioner's payment of legal fees as evidenced by O.R. No. 0226672-SC-EP dated October 29, 2018, in the total amount of P500.00 for Sheriff's Trust Fund, in compliance with the Resolution dated July 23, 2018, and compliance dated October 15, 2018 with the Resolution dated July 23, 2018, submitting the certified true copies of the Regional Trial Court's Orders dated November 26, 2015, December 22, 2015, March 23, 2016 and Decision dated October 13, 2016, and his motion for leave to file demurrer to evidence dated January 25, 2016, and a compact disc containing the signed motion for extension with notice of appearance and the signed petition for review on certiorari are NOTED.
SO ORDERED." Bersamin, C.J., on official business; Del Castillo, J., designated as Acting Chairperson per Special Order No. 2632 dated December 28, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. See People v. Posing, G.R. No. 196973, July 31, 2013, 703 SCRA 62, 72.