Tayao y Corpuz v. People

FIRST DIVISION

[G.R. No. 241637. July 8, 2019.]

MILBERT TAYAO y CORPUZ, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, First Division, issued a Resolution datedJuly 8, 2019which reads as follows:

"G.R. No. 241637 (Milbert Tayao y Corpuz v. People of the Philippines). — After a perusal of the records of the case, the Court resolves to DENY the appeal for being filed out of time and for failure of Milbert Tayao y Corpuz to sufficiently show reversible error in the challenged Decision to warrant the exercise of the Court's appellate jurisdiction.

To begin with, the present petition was filed in violation of Section 2, Rule 45 of the Rules of Court, which states that the petition shall be filed within 15 days from notice of the decision or resolution of the Court of Appeals (CA). Failure to perfect an appeal according to the rules renders the judgment sought to be appealed from final and executory. HTcADC

Even on the merits, the petition should be denied. It is well-established that the trial court's findings as to the credibility of the witnesses, when affirmed by the appellate court, are accorded full weight and credit as well as great respect, if not conclusive effect. 1 Here, both the trial court and the CA found the testimony of PO1 Rodolfo Hernandez sufficient to establish the elements of illegal possession of dangerous drugs, and equipment, apparatus, and other paraphernalia for dangerous drugs, under Sections 11 and 12, Article II of Republic Act (R.A.) No. 9165. The CA likewise correctly ruled that there was substantial compliance with Section 21 of R.A. No. 9165.

WHEREFORE, the Court AFFIRMS the Decision dated March 19, 2018 and Resolution dated June 1, 2018 of the Court of Appeals in CA-G.R. CR No. 39669. Accordingly, Milbert Tayao y Corpuz is hereby sentenced to suffer the penalties of: (i) indeterminate penalty of imprisonment ranging from 12 years and 1 day, as minimum, to 14 years and 8 months, as maximum, and to pay a fine in the amount of P300,000.00 for violation of Section 11, Article II, Republic Act No. 9165; and (ii) indeterminate penalty of imprisonment ranging from 2 years, as minimum, to 4 years, as maximum, and to pay a fine in the amount of P20,000.00 for violation of Section 12, Article II, Republic Act No. 9165.

The petitioner's compliance with Resolution dated March 6, 2019, submitting the official receipt showing payment of the amount of P1,000 for Sheriff's Trust Fund, a verified statement of material dates, clearly legible certified true copies of the assailed Court of Appeals decision and resolution, affidavit of service of the petition indicating the date of notarization, verification of the petition and stating therein the date of issuance of counsel's MCLE Compliance V; and the Office of the Solicitor General's comment on the petition for review on certiorari, are both NOTED. CAIHTE

SO ORDERED."

Very truly yours,

(SGD.) LIBRADA C. BUENADivision Clerk of Court

 

Footnotes

1.People v. Moner, G.R. No. 202206, March 5, 2018.