Philippine Supreme Court Resolutions

G.R. No. 199220 [People of the Philippines v. Ismail Dalamban Magdatu] - The records of this case were elevated to this Court on November 23, 2011, pursuant to the Court of Appeals Resolution dated April 8, 2011 which gave due course to the notice of appeal filed by the accused-appellant, Ismail Dalamban Magdatu.

In compliance with the Court's Resolution dated January 18, 2012, both the accused-appellant and the Office of the Solicitor General filed their respective manifestations stating that they were no longer filing any supplemental brief with this Court and were adopting their respective briefs filed with the Court of Appeals.

After a perusal of the records of the case, the Court resolves to DISMISS the appeal for failure of the accused-appellant to sufficiently show reversible error in the challenged decision warranting the exercise of the Court's appellate jurisdiction.

WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated March 18, 2011 of the Court of Appeals in CA-GR. C.R.-HC No. 03849 denying the accused-appellant's appeal and affirming the Decision dated March 12, 2009 of the Regional Trial Court of Manila, Branch 2, in Criminal Case Nos. 07-255543-44 which found Ismail Dalamban Magdatu GUILTY  beyond reasonable doubt of the crime of illegal sale of methamphetamine hydrochloride or "shabu" weighing 0.026 gram, in violation of Sec. 5, Article II of Republic Act No. 9165, thereby sentencing him to suffer life imprisonment, to pay a fine of P500,000.00 without subsidiary imprisonment in case of insolvency and to pay costs; and of illegal possession of methamphetamine hydrochloride or "shabu" weighing 0.021 gram, in violation of Sec, 11, Article II of Republic Act No. 9165, thereby sentencing him to suffer the indeterminate penalty of 12 years and 1 day as minimum to 17 years and 4 months as maximum, to pay a fine of P300,000.00 without subsidiary imprisonment in case of insolvency and to pay costs. (Peralta, J., Acting Chairperson; per Special Order No. 1228 dated June 6, 2012; Villarama, Jr., J., Acting Member, in lieu of Associate Justice Presbitero J. Velasco, Jr., per Special Order No. 1229 dated June 6, 2012.) cralaw

SO ORDERED. 

Very truly yours,

(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court