September 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 191268 : September 26, 2011]
PEOPLE OF THE PHILIPPINES v. MARCO ANTONIO MORABE Y QUERUBIN AND BEN ARA Y CUMO
G.R. No. 191268 [People of the Philippines v. Marco Antonio Morabe y Querubin and Ben Ara y Cumo]. - The records of this case were elevated to this Court on March 3, 2010, pursuant to the Court of Appeals Resolution dated January 21, 2010 which gave due course to the notice of appeal filed by accused-appellants Marco Antonio Morabe and Ben Ara.
In compliance with the Court's Resolution dated April 7, 2010, accused-appellant Marco Antonio Morabe filed his Appellant's Brief (should be Supplemental Brief). Accused-appellant Ben Ara and the Office of the Solicitor General, on the other hand, filed their respective Manifestations and Waivers stating that they would no longer file their supplemental briefs with this Court; and that they were adopting the allegations, issues and arguments adduced in their separate briefs filed before the Court of Appeals.
After a perusal of the records of the case, the Court resolves to DISMISS the appeal for failure of the appellants to sufficiently show any reversible error in the challenged decision to warrant the exercise of the Court's appellate jurisdiction.cralaw
WHEREFORE, the Court ADOPTS the findings of fact and conclusion of law in the August 25, 2009 Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 03193, affirming in toto the February 6, 2008 Decision of the Regional Trial Court, Branch 2, Manila, finding both accused, Ben Ara y Cumo @ Aro and Marco Antonio Morabe y Querubin @ Mark, GUILTY beyond reasonable doubt for violation of Section 5, in relation to Section 26, Article II of Republic Act (RA) No. 9165, and imposing upon each of them the penalty of life imprisonment And the payment of a fine in the amount of P500,000.00 without subsidiary imprisonment in case of insolvency and to pay the costs. (Perez, J., designated as acting member, per Special Order No. 1102 dated September 21, 2011).
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court