June 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 195306 : June 06, 2011]
PEOPLE OF THE PHILIPPINES VS. MARILYN ISIP Y BIE, JOEL ISIP Y VITE, AND ISABEL APOLONIO Y PACULDAR
G.R. No. 195306 (People of the Philippines vs. Marilyn Isip y Bie, Joel Isip y Vite, and Isabel Apolonio y Paculdar). - The records of the present case were elevated to this Court on 15 February 2011 pursuant to the Court of Appeals Resolution dated 30 September 2010 which gave due course to the notice of appeal filed by accused-appellants Marilyn Isip, Joel Isip and Isabel Apolonio.
In compliance with the Court's Resolution dated 07 March 2011, both the accused-appellants through the Public Attorney's Office and the People through Office of the Solicitor General filed their respective manifestations stating that they were no longer filing their Supplemental Briefs with this Court; and that they were adopting all the allegations, issues and arguments adduced in their respective briefs filed before the Court of Appeals (CA).
After a perusal of the records of the case, the Court resolves to DISMISS the appeal for failure of the accused-appellants to sufficiently show reversible error in the challenged decision warranting the exercise of the Court's appellate jurisdiction. Thus, the CA decision affirming the RTC's conviction of accused-appellants is affirmed in its entirety.
WHEREFORE, the Court ADOPTS the findings of fact and conclusion of law in the Decision dated April 8, 2010 of the Court of Appeals in CA-G.R. CR-HC No. 03139, finding, accused-appellant Marilyn Isip y Bie, in Criminal case No. C-69703, guilty beyond reasonable doubt of Violation of Section 5, Article II of RA No. 9165 and to suffer the penalty of life imprisonment and pay the fine of One Million Pesos (P1,000,000.00); accused-appellant Joel Isip y Vite, in Criminal Case No. C-69705, guilty beyond reasonable doubt of Violation of Section I 1, Article II of RA No. 9165 and to suffer the penalty of twelve (12) years and one (1) day to fourteen (14) years and eight (8) months and pay the fine of Three Hundred Thousand Pesos (P300,000.00); and accused-appellant Isabel Apolonio y Paculdar, in Criminal case No. C-69706, guilty beyond reasonable doubt of Violation of Section 11, Article II of RA No. 9165 and to suffer the penalty of twelve (12) years and one (1) day to fourteen (14) years and eight (8) months and pay the fine of Three Hundred Thousand Pesos (P300,000.00). Peralta, J., recused himself from the case due to prior action of his spouse in the CA; Sereno, J., designated additional member per Raffle dated February 21, 2011, on sick, leave; Del Castillo. J., designated additional member per Special Order No. 999 dated June 6, 2011.
SO ORDERED.
Very truly yours,
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court