FIRST DIVISION
[G.R. No. 240629. October 3, 2018.]
EDWARD VELASCO y HINGOYEN @ "KENNY", petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated October 3, 2018 which reads as follows:
"G.R. No. 240629 (Edward Velasco y Hingoyen @ "Kenny" v. People of the Philippines). — The motion for extension of time to file the petition for review on certiorari is GRANTED.
This notwithstanding, we DENY the petition and AFFIRM the Court of Appeals' (CA) Decision dated March 27, 2018 and Resolution dated July 5, 2018 in CA-G.R. CR No. 39507 for failure to sufficiently show that the CA committed any reversible error in upholding the conviction of petitioner Edward Velasco y Hingoyen @ "Kenny" for illegal possession of dangerous drugs.
As correctly held by the CA, the testimony of Barangay Kagawad (BK) Danilo Bolocon provided a clear, consistent, and convincing proof that petitioner was found to be in possession of a plastic sachet containing 1.03 grams of dried marijuana leaves and fruiting tops at the time of his apprehension.
Regarding petitioner's contention that the search and seizure was a result of an invalid warrantless arrest, we affirm the CA's conclusion that petitioner was arrested in flagrante delicto. BK Bolocon responded to a complaint made by petitioner's own mother who complained that petitioner was attempting to kill her and her husband. BK Bolocon recounted that when he reached petitioner's house, petitioner was wielding a 5-inch pair of scissors and shouting, "papatayin ko kayo." Clearly, petitioner performed acts indicating that he was attempting to commit a crime in the presence of BK Bolocon. As the warrantless arrest was valid, the subsequent warrantless search resulting in the recovery of the marijuana was also valid. AaCTcI
On the issue of noncompliance with the procedure in the inventory of seized drugs, we likewise agree with the CA that the integrity and evidentiary value of the seized drugs were maintained.
WHEREFORE, the petition is DENIED. The Decision dated March 27, 2018 and Resolution dated July 5, 2018 of the Court of Appeals in CA-G.R. CR No. 39507 are AFFIRMED. Petitioner is sentenced to suffer the indeterminate penalty of imprisonment of twelve (12) years and one (1) day, as minimum, to fourteen (14) years, as maximum, and to pay a fine of P300,000.00.
SO ORDERED." Bersamin, J., on official travel.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court