August 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 188783 : August 08, 2011]
PEOPLE OF THE PHILIPPINES V. ELMER LOZANO Y LOZANO
G.R. No. 188783 (PEOPLE OF THE PHILIPPINES v. ELMER LOZANO y LOZANO). - Considering the allegations, issues and arguments presented in the appeal, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in its assailed Decision dated April 28, 2009 as to warrant the exercise of the Court's appellate jurisdiction.
IN VIEW OF THE FOREGOING, the Court ADOPTS the findings and conclusions of law in the Decision dated April 28, 2009 of the Court of Appeals in CA-G.R. CR-HC No. 02910 and AFFIRMS said Decision finding appellant Elmer Lozano y Lozano guilty beyond reasonable doubt of the following offenses: (1) Illegal Sale of Methamphetamine Hydrochloride commonly known as shabu in violation of Section 5, Article II of Republic Act No. 9165 otherwise known as the Comprehensive Dangerous Drugs Act of 2002 sentencing him to suffer the penalty of life imprisonment and to pay a fine of P500,000.00; and (2) Illegal Possession of 0.45 gram of shabu in violation of Section 11, Article II of Republic Act No. 9165, sentencing him to suffer the indeterminate prison term of 14 years, 8 months, and 1 day, as minimum, to 17 years and 4 months, as maximum; and to pay a fine of P300,000.00. (Mendoza, J., no part due to prior action as Justice of the Court of Appeals; Bersamin, J., designated additional member per Raffle dated August 4, 2010.)
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court