FIRST DIVISION
D E C I S I O N
VELASCO, JR., J.:
The Case
This is an appeal from the July 14, 2009 Decision [1] of the Court of Appeals (CA) in CA-G.R. CEB CR-H.C. No. 00746, which affirmed the May 2, 2007 Decision [2] in Criminal Case No. DNO-2989 of the Regional Trial Court (RTC), Branch 25 in Danao City. The RTC found accused-appellant Andrew Roble (Roble) guilty of violating Section 5, [3] Article II of Republic Act No. (RA) 9165 or the Comprehensive Dangerous Drugs Act of 2002.
The Facts
The charge against Roble stemmed from the following Information:
That on or about March 12, 2003 at 6:30 o'clock in the evening...
This agreement is between Mylegalwhiz and you as Subscriber who declares that he/she is of legal age and otherwise authorized and qualified to enter into a binding agreement with Mylegalwhiz.
By accessing your account ("Account") in MyLegalWhiz (https://web.mylegalwhiz.com) or by using or continuing to use the MyLegalWhiz service(s), this agreement is valid and in effect. Usage of Service includes all content and functionality available through the MyLegalWhiz website.
The Subscriber agrees to provide MyLegalWhiz with accurate email address and contact information. MyLegalWhiz shall not share, rent, sell, or trade Subscriber information. The Subscriber shall be entirely responsible for maintaining the confidentiality of their passwords and account data.
The Subscriber is entirely responsible for any and all activities that occur within the Subscriber's account. MyLegalWhiz shall not be held accountable or liable for any correction, deletion, loss, destruction, or failure to store any data or information owned or submitted by Subscriber.
The Subscriber, and employees or agents, will not use the MyLegalWhiz Service in any way to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. The Subscriber agrees to defend, indemnify, and hold MyLegalWhiz harmless against any claim or action, civil or criminal that arises from the Subscribers use of the Service in any manner.
Subscriber acknowledges, and agrees, that the MyLegalWhiz service uses proprietary software owned by MyLegalWhiz, and the Subscriber is being granted an individual, non-exclusive, non-transferable license to use the software subject to the terms and conditions of this agreement.
The Subscriber acknowledges, and agrees, that MyLegalWhiz retains exclusive ownership throughout the world of its software, including portions or copies, and all rights not expressly granted to the Subscriber are reserved by MyLegalWhiz.
MyLegalWhiz shall have a royalty-free, worldwide, transferable, sub-licenseable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by Subscriber relating to the operation of the Services.