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[ G.R. No. 234288, June 27, 2018 ]



Please take notice that the Court, First Division, issued a Resolution dated June 27, 2018 which reads as follows:

"G.R. No. 234288 (People of the Philippines v. Binad Chua y Maige). – After review of the records, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in upholding Binad Chua y Maige's conviction for violating Sections 5 and 15, Article II of Republic Act (RA) No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002.

WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated June 29, 2017 of the Court of Appeals in CA-G.R. CR HC No. 07577, and AFFIRMS said Decision finding accused-appellant Binad Chua y Maige GUILTY beyond reasonable doubt of violation of Sections 5 and 15, Article II of RA No. 9165, and sentencing him to suffer the penalties of: (1) life imprisonment and a fine of P500,000.00 for violation of Section 5; and (2) rehabilitation for a period of not less than six months at a government drug rehabilitation center for violation of Section 15.

The Office of the Solicitor General's manifestation in compliance with the Resolution dated January 8, 2018, stating that it will dispense with the filing of a supplemental brief since all the arguments relevant to the issues raised by the accused-appellant had already been discussed exhaustively in its Brief for the Appellee dated September 13, 2016, is NOTED; the motion of Attys. Eric A. Crisostomo and Terry Joy Barboza-Jaleco of the Public Attorney's Office, Special and Appealed Cases Services [PAO-SACS] to withdraw appearance as counsel for accused-appellant Binad M. Chua, praying that [PAO-SACS] be relieved as counsel for accused-appellant and that pending appearance of accused-appellant's new counsel, all writs, notices, resolutions and decisions of the Court be sent directly to him at the Bureau of Corrections, New Bilibid Prisons, Muntinlupa City, is GRANTED; the entry of appearance of Atty. Algainy P. Alug as counsel for accused-appellant, requesting that all pleadings, notices, resolutions, orders, processes and other legal documents for the accused-appellant be furnished at No. 20 Stockholm Street, Vista Real Classica, Batasan Hills, 1126 Quezon City, is NOTED; the said counsel's motion for an extension of thirty (30) days from April 20, 2018 within which to file a supplemental brief for accused-appellant is GRANTED; the aforesaid supplemental brief is NOTED; and the Office of the Solicitor General is hereby directed to SUBMIT within five (5) days from notice hereof, a soft copy in compact disc, USB or e-mail containing the PDF file of the signed manifestation (in compliance with this honorable Court's Resolution dated January 8, 2018) pursuant to A.M. Nos. 10-3-7-SC and 11-9-4-SC.

SO ORDERED." Leonardo-De Castro, J., on official leave; Del Castillo, J., designated as Acting Chairperson of the First Division per Special Order No. 2562 dated June 20, 2018; Gesmundo, J., designated as Acting Member per Special Order No. 2560 dated May 11, 2018.

Very truly yours,

Acting Division Clerk of Court

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