August 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 192783 : August 22, 2011]
PEOPLE OF THE PHILIPPINES V. MICHAEL CARMELO Y MALONZO
G.R. No. 192783 (PEOPLE OF THE PHILIPPINES v. MICHAEL CARMELO y MALONZO). - 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 March 12, 2010 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 March 12, 2010 of the Court of Appeals in CA-G.R. CR-HC No. 03499 and AFFIRMS said Decision finding appellant Michael Carmelo y Malonzo guilty beyond reasonable doubt of the following offenses: 1.) Illegal Possession of 0.04 gram, 0.05 gram, 0.04 gram, 0.04 gram and 0.04 gram of methamphetamine hydrochloride, in violation of Section 11, Article II, of Republic Act No. 9165 otherwise known as the Comprehensive Dangerous Drugs Act of 2002, sentencing him to suffer the penalty of imprisonment from twelve (12) years and one (1) day to thirteen (13) years and eight (8) months and to pay a fine of Three Hundred Thousand Pesos (P300,000.00) without subsidiary imprisonment in case of insolvency; and 2.) Illegal Sale of 0.07 gram of methamphetamine hydrochloride in violation of Section 5, Article II, of Republic Act No. 9165, sentencing him to suffer the penalty of life imprisonment and to pay a fine of One Million Pesos (P1,000,000.00) without subsidiary imprisonment in case of insolvency.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court